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Fresno, CA Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
FMC § 13-217, added 1965, amended 1997
Default duty
Abutting owner maintains and repairs sidewalk
City repairs
Tree-root damage and monolithic curb/gutter
State law applied
Sts. & Hwy. Code Ch. 22, Pt. 3, Div. 7
Fee waiver
No permit/inspection fee for required sidewalk repairs

Summary

Fresno property owners whose lots front a public street must maintain and repair the abutting sidewalk under FMC § 13-217, following the standards in Streets and Highways Code Chapter 22, Part 3, Division 7. The city itself repairs sidewalk damage caused by street trees or monolithic curb-and-gutter, but the owner stays on the hook for any damage the owner, an agent, or someone under the owner's control causes.

The owners of lots or portions of lots fronting on any portion of a public street or place which is improved shall have the duty to maintain and repair the sidewalk area as defined in this article in accordance with the provisions of Chapter 22, Part 3, Division 7 of the California Streets and Highways Code, provided, however, that after written notice to the Director and concurrence by him/her that the condition is hazardous, the city shall make the following repairs: (a)Repairs to the sidewalk area which are necessitated by damage caused by trees located within the street right-of-way.(b)Repairs to gutters, including curbs if the curb and gutter are of monolithic construction. Notwithstanding the above, the property owner shall be responsible to repair damage caused by him/her, his/her agent, or by persons acting under the property owner's direction or control.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 54).

Full Breakdown

FMC § 13-217, added in 1965 and last amended in 1997, puts the duty to maintain and repair the sidewalk area on 'the owners of lots or portions of lots fronting on any portion of a public street or place which is improved,' applying the repair standards set out in Chapter 22, Part 3, Division 7 of the California Streets and Highways Code, the state law that lets cities shift sidewalk liability to abutting owners. The city carves out two exceptions once the Director confirms in writing that a condition is hazardous: the city itself repairs sidewalk damage caused by tree roots from trees growing in the street right-of-way, and it repairs gutters, including curbs where the curb and gutter are poured as one monolithic unit.

Outside those two carve-outs, the owner remains responsible for any damage they, their agent, or anyone acting under their direction or control causes to the sidewalk area. The Director of Public Works enforces the repair duty under the same Streets and Highways Code chapter, and when curb or gutter repair is bundled with sidewalk work, the job must be done by a licensed contractor. To keep the mandatory-repair process from becoming a financial barrier, § 13-217 waives the usual permit processing fee, inspection fee, liability insurance, and performance bond otherwise required under §§ 13-206 and 13-207 for sidewalk repairs ordered under this section.

Violations & Fines

An owner who ignores a Director's notice to repair a hazardous sidewalk, or who caused the damage personally, through an agent, or through someone under their control, remains liable for the repair cost and can be billed by the city if repairs proceed under the Streets and Highways Code's assessment procedure. Chapter 13 sets no separate fine for § 13-217 itself, so continued noncompliance with a repair order falls back on the Code's general enforcement tools in Chapter 1, Article 3, including administrative citations.

Frequently Asked Questions

Who pays to fix a cracked sidewalk in front of a Fresno house?
Under FMC § 13-217, the owner of the abutting lot has the duty to maintain and repair the sidewalk area, following the standards in the California Streets and Highways Code's Chapter 22, Part 3, Division 7. The city only steps in itself, after the Public Works Director confirms the hazard in writing, when the damage is caused by street trees or involves monolithic curb-and-gutter repairs.
Does Fresno charge a permit fee for court-ordered sidewalk repairs?
No. Section 13-217 specifically waives the permit processing fee, inspection fee, liability insurance, and performance bond that §§ 13-206 and 13-207 would otherwise require, for sidewalk areas the city has directed a property owner to repair. The owner still must hire a licensed contractor whenever the repair also touches the curb or gutter.
Is a Fresno property owner liable for sidewalk damage they didn't cause?
Yes, in general, § 13-217 puts the repair duty on the abutting lot owner regardless of cause, with two narrow city-funded exceptions for tree-root damage and monolithic curb-and-gutter repair once the Director confirms the hazard in writing. Damage the owner, an agent, or someone under the owner's control caused remains the owner's responsibility outside those two exceptions.

Sources & Official References

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