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(a) It shall be the duty of the owners of lots or portions of lots immediately adjacent to any portion of a public street, avenue, alley, lane, court, or place to maintain the sidewalks and sidewalk area, including any parking strip, parkway, automobile runway, and curb, fronting or adjacent to their property in good repair and condition. This duty shall include removal of any unpermitted structure, including but not limited to unpermitted public pay telephones installed in the sidewalk adjacent to the property. Any person who suffers injury or property damage as a legal result of the failure of the owner to so maintain the sidewalks and sidewalk areas shall have a cause of action for such injury or property damage against such property owner. The City and County of San Francisco shall have a cause of action for indemnity against such property owner for any damages it may be required to pay as satisfaction of any judgment or settlement of any claim that results from injury to persons or property as a legal result of the failure of the owner to maintain the sidewalks and sidewalk areas in accordance with this Ssubsection1 (a). Failure of the owner to maintain the sidewalks and sidewalk areas as set forth in this subsection also shall constitute a public nuisance.
(b) Sidewalk Revitalization Program. A property owner may elect to participate in the City’s sidewalk revitalization program for fiscal year 2006-07 or any year thereafter during which the program is renewed by providing written authorization to the Department to undertake repairs to the sidewalk fronting the subject property. If the property owner elects to participate in this program, the Department shall waive all permit and inspection fees related to the sidewalk repair.
(c) Street Trees. Consistent with Charter Section 16.129, and notwithstanding subsection (a), as of July 1, 2017, property owners do not have a duty to maintain street trees or portions of the public right-of-way impacted by street trees’ growth or root system, except as set forth in Article 16 of this Code. As stated in Article 16, a property owner may be held liable for injury or property damage occurring before July 1, 2017, and proximately caused by the failure to maintain street trees or a portion of the public right-of-way impacted by street trees’ growth or root system. Except as set forth in Article 16, a property owner shall not be held liable for injury or property damage occurring on or after July 1, 2017 and proximately caused by the failure to maintain street trees or a portion of the public right-of-way impacted by street trees’ growth or root system.
(Amended by Ord. 398-91, App. 11/11/91; Ord. 287-92, App. 9/16/92; Ord. 12-07, File No. 061606, App. 2/2/2007; Ord. 245-17, File No. 170985, App. 12/22/2017, Eff. 1/21/2018)