Homeowners May Be Held Responsible for Sidewalk Repairs

The city is considering making its unofficial practice of having sellers pay for repairs through escrow fees a permanent ordinance.

Since 1973, Los Angeles has paid to repair tree root-damaged residential sidewalks, curbs, and driveways. However, local officials have recommended returning full responsibility to property owners amid the fiscal crisis. In former years, splitting the expense was an option, but L.A.'s 50-50 sidewalk repair program was eliminated in the past budget. The program encouraged people to repair their sidewalks by giving them scheduling priority and covering half of the cost.

In 2005, the city created the 50-50 Voluntary Sidewalk Reconstruction Program as a trial program to test the effectiveness of cost-sharing. It proved to be a success, and it was legally included in that year's budget as a General Fund allocation. By 2009, however, the city could no longer afford half of the repair expenditures and officially discontinued the program on July 1, 2009.

Due to a lack of resources to undertake repairs and manpower to cite property owners, the current unofficial policy is to repair at the time of sale. This means that when a home is sold, property sellers bear the cost of repairs and make a lower profit.

A Los Angeles Municipal Code provision has required the city to pay for sidewalk and driveway repairs since 1974. The law exempts property owners from obligation for tree-root-related repairs. Government grant money was available at the time, but it was expended within a few years.

How Many Sidewalk Need To Be Repaired

By 2009, approximately 43% of L.A.'s 10,750 kilometers of sidewalks needed repair. The estimated repair cost is $1.2 billion, not adding annual legal fees associated with harm lawsuits. The city still needs to issue 2010 figures. With a $492 million deficit and a budget delayed by state legislators, the city has been forced to explore drastic measures, including layoffs.

The City Council is debating a new rule that would eliminate the municipal code's tree root exception and make homeowners accountable for repairs.

A joint committee comprised of the Public Safety and Budget and Finance committees worked up the contents of the proposed ordinance, which was presented to the council in 2009, but action has yet to be taken thus far. The most likely conclusion would be identical to the current unofficial policy: point-of-sale repair.

Urban planning and infrastructure specialists, including UCLA professor Donald Shoup, have promoted point-of-sale payment. The author of The High Cost of Free Parking believes that point-of-sale systems are a win-win solution for the city, homeowners, and all Los Angeles citizens.

"One big advantage of a point-of-sale program is that the city does not require owners to pay or do anything until they sell a property," Shoup wrote in an e-mail. 

"The sale then gives the funds to pay for the necessary repairs. Sellers only fix the pavement in front of their homes so they know exactly where their money is going. In addition, sidewalk repairs made by absentee owners and inhabitants departing the city would leave the city in better shape for everyone who stays."

If point-of-sale funding is officially approved, the city must design an escrow notification system for the Bureau of Street Services, which is expected to monitor repairs.

"If this direction is decided, [citations would probably come from] the BSS Investigation Enforcement Division, given the necessary resources," said Ron Olive, the city's Bureau of Street Services assistant director. "It's important to have a single entity responsible for consistency's sake, and BSS is anticipated to take responsibility if citing is chosen as an option."

Sidewalks in disrepair are more than just an annoyance and an eyesore. They may pose a liability for "slip and fall" injuries. Every year, the city pays between $3 million and $5 million in legal fees and settlements.

Encino Sidewalks

A report to the City Council in May of this year indicated that the planned program could restore 460 miles of sidewalks in the first year, significantly lowering legal expenses from damage lawsuits and creating jobs for contractors.

Councilman Bernard Parks presented a motion, seconded by Councilman Greig Smith, to examine the point-of-sale program and any other alternatives. The issue was considered, but no new ordinances were passed. Those who choose to complete repairs before any penalty or new incentives may do so at any time. The bureau maintains a set of instructions for do-it-yourself maintenance on its website, and homeowners can select their contractors.

There has been no organized opposition to a new ordinance in Encino, while some neighbors are opposed, according to Encino Neighborhood Council member Glenn Bailey. "People are not happy about it," he stated last month.

However, according to Encino Neighborhood Council president and longtime neighborhood property developer Louis Krokover, sidewalk upkeep is not a major concern. According to the CEO and president of Newday Development, it isn't even a blip on many homeowners' radars and will only be once they're forced to pay for repairs themselves.

"In Los Angeles, about 1% of people are following it. Of those, perhaps one percent are upset. They're not going to deal with this. It will be deducted directly from the escrow fees. "It's not going to come from their pocket," Krokover explained.

He also stated that, based on his experience in residential and property development, sidewalks are part of the public right of way and, therefore, fall within the city's liability.

Krokover feels that regardless of the payment strategy, property owners are protected from personal injury lawsuits. He suggested that property owners picture cracked pavement and alert the city when they observe disrepair, shifting the responsibility to the Bureau of Street Services to fix the problem before it causes injury.

To provide feedback on sidewalk restoration, email Encino Councilman Paul Koretz. Koretz serves on the Budget and Finance Committee and advocated sidewalk restoration throughout his campaign. Parks leads the Budget and Finance Committee. Smith serves as Vice Chair of Budget and Finance and Chair of the Public Safety Committee.