As currently in print, AB 2231 would require voter approval before cities and counties could repeal an existing ordinance that states that the jurisdiction would take responsibility for sidewalk repair.
While the author committed to taking amendments prohibiting a city from imposing an assessment for sidewalk repair in order to garner the votes to get out of the Assembly, these amendments are not yet in print. However, this bill is still moving quickly.
The bill undermines the role of a city council and creates a disincentive for cities to assist with sidewalk repair. Once amended, cities will have little to no recourse to ensure that repairs are completed by adjacent property owners, as required by state law.
Current law states that the adjacent property owner is responsible for sidewalk repair, but allows cities the flexibility to choose to take on all or some of the responsibility. Current law also sets a framework for cities to work from when an adjacent property owner refuses to fix a sidewalk.
City officials are encouraged to submit updated opposition letters immediately. A sample letter is available on the League’s website by typing “AB 2231” into the search box.