DATE: October 7, 2025
TO: Mayor and City Council
FROM: City Attorney
SUBJECT
Title
Proposed Amendments to the Maintenance and Repair of Sidewalks Ordinance: Introduce an Ordinance Amending Hayward Municipal Code Chapter 7, Article 2 (Streets) Clarifying the Duty to Maintain and Repair Sidewalks
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RECOMMENDATION
Recommendation
That the City Council introduce an Ordinance (Attachment II) amending the Hayward Municipal Code to update the Ordinance clarifying the duty of property owners regarding the maintenance and repair of sidewalks.
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SUMMARY
Hayward Municipal Code Chapter 7, Article 2 (Streets) contains the Ordinance regarding Maintenance and Repair of Sidewalks, which, along with State law, imposes an obligation upon property owners to maintain abutting sidewalks. The Ordinance was originally adopted in 2001; however, through subsequent litigation, the courts have imposed the need for cities to use clear and unambiguous language if they intend to hold property owners liable for failing to comply with those obligations. This amendment seeks to provide such clear and unambiguous language to clarify the duty of property owners and to subsequently hold property owners liable should they fail to remedy dangerous sidewalk conditions.
ATTACHMENTS
Attachment I Staff Report
Attachment II Draft Ordinance