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

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

Key Facts

Responsible party
Owner of the parcel abutting the sidewalk area
Scope
Area between the property line and the face of curb
Tree roots
Damage caused by tree roots is the owner's repair duty
Liability
Owner is liable for negligence to anyone injured
Abandoned driveway
Replace with standard curb, gutter and sidewalk within 30 days

Summary

In the City of Novato, the owner of a parcel that abuts the area between the property line and the curb face of a public street is responsible for all maintenance and repairs, including tree root damage, needed to keep sidewalk improvements safe, and is liable for negligence to anyone injured by a failure to do so.

For the purpose of this section the term sidewalk improvements shall include any sidewalk, driveway, curbing, bulkhead, retaining wall, paving, masonry work, irrigation or drainage facilities or tree, hedge, shrub, or planting of any kind existing in the area between the property line and roadway curbline (face of curb) of any public street, regardless of such improvements being made by the property owner responsible or liable for the improvements under this section. ... The property owner of a parcel of real property which abuts on any area between the property line and roadway curbline (face of curb) of any public street shall be responsible for all maintenance and repairs, including damage caused by tree roots, needed to keep sidewalk improvements in a safe condition. The property owner shall have a duty to members of the public to keep sidewalk improvements in a reasonably safe condition and shall be liable for negligence to any person suffering damage due, in whole or in part, to the owner's failure to perform this duty.

Full Breakdown

Section 15-2.46 of the Novato Municipal Code puts sidewalk upkeep on the abutting owner. The rule covers every sidewalk improvement in the area between the property line and the roadway curbline (face of curb) of any public street: sidewalk, driveway, curbing, bulkhead, retaining wall, paving, masonry work, irrigation or drainage facilities, and any tree, hedge, shrub or planting. It applies even when someone other than the responsible owner made the improvement.

The owner of the parcel that abuts that area is responsible for all maintenance and repairs, including damage caused by tree roots, needed to keep the improvements in a safe condition. The code also states a duty to members of the public to keep the improvements in a reasonably safe condition, and makes the owner liable for negligence to any person suffering damage due, in whole or in part, to the owner's failure to perform it.

Installing any of these improvements takes permission from the city engineer on an application for a permit under the encroachment chapter and chapter 17 as applicable. Related sections add detail. Section 15-2.45(b) requires the permittee or adjacent owner to keep trees, hedges, shrubs, walls and fences erected for landscaping in a neat and orderly condition. Section 15-2.47 bars irrigation parts above the surrounding ground or pavement and bars spraying water onto the adjacent street, sidewalk or driveway. Under section 15-2.42, cuts in exposed concrete sidewalk, curb, gutter or driveway follow a saw cut to a depth of not less than one-sixth of the concrete thickness, to a maximum of one and one-half inches. Section 15-2.33 requires an abandoned driveway to be replaced with standard curb, gutter and sidewalk within 30 days, or the City of Novato can do it at the permittee's sole expense. An applicant can appeal a city engineer action to the city council within five days (15-2.55).

Violations & Fines

Beyond the owner's liability for negligence under section 15-2.46, section 15-2.56 makes any act not in conformance with the section an infraction, with each day a separate offense. If a landscaping encroachment is not maintained, section 15-2.45(b) lets the city engineer order its removal and restoration of the right-of-way at the permittee's or owner's expense.

Frequently Asked Questions

Who pays to fix a Novato sidewalk lifted by tree roots?
The owner of the parcel that abuts the area. Section 15-2.46 makes that owner responsible for all maintenance and repairs, including damage caused by tree roots, needed to keep sidewalk improvements in a safe condition. The area runs from the property line to the roadway curbline (face of curb) of the public street.
Am I liable if someone is hurt on the sidewalk in front of my Novato property?
Section 15-2.46 gives the owner a duty to members of the public to keep sidewalk improvements in a reasonably safe condition. The owner is liable for negligence to any person suffering damage due, in whole or in part, to the owner's failure to perform that duty.
Do I need city permission to repair or install a sidewalk or driveway?
Section 15-2.46 says permission to install sidewalk improvements can be granted by the city engineer upon application for a permit in accordance with the encroachment chapter and chapter 17 as applicable. Section 15-2.42 sets the saw cut standard for cuts in exposed concrete sidewalk, curb, gutter or driveway.

Sources & Official References

Other rules in Novato

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