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

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

Key Facts

Duty holder
Owner of property abutting the sidewalk
Governing sections
Monterey City Code §§ 32-24 to 32-28
Time to begin repairs after notice
90 days
City can perform repairs and bill owner
Yes, under § 32-27
Owner liability for injuries
Yes, under § 32-28
Tree exception
No liability for City tree root damage

Summary

Monterey City Code § 32-24 puts the duty to repair and maintain an abutting sidewalk on the adjacent property owner, covering everything from sweeping and weed removal to full replacement, so it never endangers the public. If the Public Works Director finds a defective sidewalk, the owner gets written notice and 90 days to begin repairs under §§ 32-25 and 32-26.

An owner shall repair and maintain any sidewalk in such condition that the sidewalk will not endanger persons or property, and repair and maintain it in a condition which will not interfere with the public safety or convenience in the use of the sidewalk or abutting roadway. ... The owner shall commence the repairs required by the notice to repair within 90 days after service of the notice to repair. Once commenced, repairs shall be completed diligently and without interruption.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 3721, passed July 7, 2026).

Full Breakdown

Section 32-24(a) requires an owner to repair and maintain any sidewalk fronting their property so it will not endanger persons or property and will not interfere with public safety or convenience, and § 32-24(b) spells out that duty to include sweeping, cleaning, grinding, removal and replacement, filling of parking strips, and removing weeds, debris and overgrown shrubs. Two exceptions in § 32-24(c) relieve the owner where a third party's permitted work (such as an encroachment permit holder) created the condition, or where a City-planted or City-maintained tree or its roots caused the damage.

Under § 32-25, when the Public Works Director has actual notice of a defective sidewalk, the Director must serve written notice to repair, by personal service, first-class mail to the address on the last equalized assessment roll, or both mail and personal service on an occupant; if served by mail, a second notice must follow within 30 days if the first goes unanswered. The owner then has 90 days from service to commence the repairs under § 32-26, and once started, repairs must proceed diligently without interruption.

If the owner fails to commence or complete repairs in time, § 32-27 lets the Public Works Director have the City perform the work and bill the owner for the full cost, including administrative and inspection costs; unpaid invoices after 30 days can become a special assessment lien against the property. Separately, § 32-28 makes the responsible property owner directly liable to any member of the public who is injured or suffers property damage because the owner failed to keep the sidewalk in a safe, nondangerous condition as required by § 32-24.

, meaning the City can use either track. Article 4 was substantially restructured by Ordinance 3695 in 2025, which also repealed the former transfer-inspection requirement at old § 32-29.

Violations & Fines

An owner who fails to commence repairs within 90 days of the notice to repair, or who fails to complete repairs diligently once started, is subject to the City performing the work itself under § 32-27 and billing the owner for the full cost, including administrative and inspection expenses; nonpayment within 30 days of the invoice can lead to a special assessment lien recorded against the property. Under § 32-28, an owner who fails to keep the sidewalk safe is also directly liable to any member of the public injured as a result.

Frequently Asked Questions

Who has to fix a cracked sidewalk in front of my Monterey house?
You do, as the property owner. Monterey City Code § 32-24 makes the abutting owner responsible for repairing and maintaining the sidewalk so it does not endanger the public, unless the damage was caused by a City-planted tree or a third party's permitted encroachment.
How long do I have to fix my sidewalk after Monterey notifies me?
Ninety days from the date the Public Works Director's written notice to repair is served, under § 32-26. Once you start, the repairs must be completed diligently without interruption.
What if I don't fix the sidewalk myself?
Under § 32-27, the Public Works Director can have the City complete the repairs and bill you for the full cost, including administrative and inspection charges, and an unpaid bill after 30 days can become a special assessment lien on your property.

Sources & Official References

Other rules in Monterey

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