Mill Valley proposes shifting sidewalk liability to property owners

What's happening: The City of Mill Valley is proposing changes to its municipal code that would make property owners directly liable for injuries on the sidewalk in front of their homes. The draft ordinances have not yet been introduced to City Council. The city is accepting public comment through June 26.

What's at stake: Under the draft language, if a pedestrian trips on a cracked or uneven sidewalk adjacent to your property and you have failed to maintain it, you could face direct civil liability. The duty applies whether or not the city has ever notified you of a problem, and includes damage caused by tree roots, whether the tree sits on your property or in the public right-of-way. The city could also seek indemnification from you for any damages it is required to pay.

The cost of non-compliance: If the city repairs a sidewalk after an owner fails to act, it can bill the full cost, including staff time, legal fees, and administrative expenses. If that bill goes unpaid within 14 days of a City Council assessment, it becomes a lien on the property, collected alongside county taxes.

The visibility rule: The proposed changes also tighten intersection visibility requirements. Hedges, fences and shrubs between three and eight feet tall would be prohibited within a triangular zone near street corners, driveways and curves. The current threshold is four feet, according to the city. According to the draft ordinance, existing vegetation and structures would not be grandfathered in.