Hayward legislation clarifies responsibility, provides resources for sidewalk repair

The Hayward City Council recently approved legislation to make clear that maintenance and repair of sidewalks is the responsibility of adjacent property owners under state law and to protect the City from legal liability for injuries resulting from dangerous sidewalk conditions.

The legislation-an amendment to the City's Maintenance and Repair of Sidewalks Ordinance adopted on Nov. 18 and taking effect on Dec. 18-brings Hayward into alignment with other Bay Area cities by closing a loophole allowing property owners to escape liability for injuries to third parties. The amended ordinance also establishes a hardship fund to subsidize sidewalk maintenance and repair costs for low-income property owners.

In Hayward, City Public Works staff annually evaluate each of the City's 10 sidewalk districts for potentially unsafe conditions and select two districts to be repaired as part of the City's annual Capital Improvement Program. If a hazard is identified, owners of residential property adjacent to the sidewalk are notified and given a choice of having the City perform the work at a cost of $550 per property or having their own licensed contractor perform the work. Commercial and multi-family property owners are given the choice of reimbursing the City for the full cost of the construction or doing the work themselves.

Meanwhile, City Maintenance Services staff receive and respond to reports of sidewalks in need of maintenance and repair from the general public. In these cases, the City makes initial repairs and notifies adjacent property owners of additional work that may be required and their duty to complete the work.

To report a sidewalk in need of maintenance or repair or seek financial assistance for a sidewalk maintenance or repair project, go online to the City's Access Hayward customer service system, scroll down and click on the "Streets, Sidewalk & Lighting" section and then on "Sidewalk Maintenance" or "Sidewalk Repair and Replacement," and then complete and submit the requested information.