Journal ·
Who Pays for Sidewalk Repair in Burbank: City Trees, Owner Duty and the Five-Day Notice
The owner of a Burbank house is responsible for the sidewalk in front of it, and the city's definition of "sidewalk" reaches from the property line to the curb: the walk itself, the parkway strip, the driveway apron and any retaining wall holding them up. The one standing exception is damage done by a city street tree, which a 1969 city policy, last restated to the Council in 2005, treats as the city's repair. Where the damage has another cause, the Public Works Director may post a Notice to Repair, and the owner has five days to start the work before the city does it and makes the cost a lien on the property. The state statute gives two weeks; Burbank wrote its own, shorter clock.
Who owns the sidewalk in front of a Burbank house?
Nobody in the ordinary sense. Burbank's own Parkway Tree Program page says the city "controls only the right-of-way between the curb and private property line for street, sidewalk, and utility purposes, but does not own the land." The strip may be part of the parcel, held subject to a public right-of-way.
The duty is written twice. Statewide, Streets and Highways Code section 5610 requires owners of lots fronting an improved street to "maintain any sidewalk in such condition that the sidewalk will not endanger persons or property." Locally, Burbank Municipal Code 7-3-501 "creates a duty on the part of property owners to maintain 'sidewalks'" and sets up the procedure under which the Public Works Director may "make repairs at the owner's expense if the owner neglects, refuses or fails to perform their duty."
What does "sidewalk" include under the Burbank code?
More than concrete. Section 7-3-502 defines a sidewalk as "the area between the property line and that portion of the street used for vehicle traffic, and including curbing, parkways, parking strips, driveways, and retaining walls, bulkheads or other works for the protection of sidewalks, parkways, parking strips or driveways."
Section 7-3-504 adds a rule most owners never hear about. An abandoned driveway, one "no longer used as a driveway," or one that creates "a dangerous condition to public travel or safety," can be ordered removed under the same notice procedure, with curb and sidewalk rebuilt "to conform to the curbing, sidewalk and grade of the property immediately adjacent." A curb cut closed off years ago with the apron left in place can draw one.
Does the city pay when a street tree lifts the sidewalk?
The clearest statement is a February 1, 2005 Public Works staff report prepared for a City Council study session on the sidewalk program. It describes a 1969 policy under which "damage caused by street trees would be the City's responsibility," while "damage or cracking due to other causes, e.g. excessive weight, remains the adjacent property owner's responsibility." The same report says "the private sector is required to complete sidewalk repairs adjacent to new construction and reconstruction projects that require discretionary permit actions (e.g. development reviews, conditional use permits, etc.)."
The report is 21 years old, and the city's current Public Works pages do not restate the split in those words. The Street Services page describes its Asphalt and Concrete Repair work as "Responsible for repairing potholes, damaged pavement, and concrete curb, gutters, alleys, and driveways" and directs residents to report damaged concrete through the Our Burbank 311 portal. Treat the tree rule as stated practice, and confirm it for the specific address through a 311 request.
The tree itself is a separate matter. The code treats any tree standing in the right-of-way as a "public tree" (BMC 7-4-101), whoever owns the dirt beneath it. The owner is "responsible for its watering and maintenance," may not prune its roots at all, since that work is reserved to people the city authorizes, and may not remove the tree without a permit. The rules are in Burbank parkway tree removal permit rules.
| Cause of damage | Who repairs, per the 2005 staff report and the code | Source |
|---|---|---|
| Roots of a city street tree | City, under the 1969 policy | Staff report 02/01/2005 |
| Other causes, "e.g. excessive weight" | Adjacent owner | Staff report 02/01/2005, BMC 7-3-501, S&HC 5610 |
| New construction or reconstruction that needs a discretionary permit | Private developer or owner | Staff report 02/01/2005 |
| Abandoned or dangerous driveway apron | Owner, by notice | BMC 7-3-504 |
How does a Burbank Notice to Repair work?
Section 7-3-506 prescribes the form. The notice names the property, states which element is to be fixed, refers to the specification on file with the Public Works Director, and carries an "Estimated Cost of Repair" line. It then warns that if the work "is not commenced and diligently prosecuted to completion within the time fixed," the Director "will cause the work to be done, and the cost thereof, including any incidental expenses, will be made a lien upon said property."
The time fixed is five days. Section 7-3-505 gives "the owner or person in possession of the property" five days from posting, "the day of posting the notice shall be excluded," and bars the Director from starting work before that period runs. Under the adopted state sections the notice goes to the owner by hand or by mail and a copy is posted on the property, so a tenant may see it the day the owner's card is in the post.
Section 7-3-503 adopts a list of state sections by reference: 5612, 5613, 5615 through 5618 and others, which supply the posting method, the hearing and the lien mechanics. Section 5614, the one that says repair must begin "within two weeks after notice is given," is not on the list. When the city proceeds under its own article, the five-day clock in 7-3-505 and 7-3-506 applies instead.
What happens after the city does the work?
Among the adopted state sections, two govern the hearing on the bill. Under section 5616, once the repair is complete the city gives notice of the cost and of the day the City Council will hear the Director's report and any protests. Under section 5618 the Council "shall hear and pass upon the report" and its decisions on protests "shall be final and conclusive."
The owner may be allowed to pay over time. Section 7-3-509 points to BMC 2-1-905, which permits five equal installments of 20 percent when the City Manager has approved the work for installment payment and the balance is at least $25: the first when the agreements are signed, the rest every three months. The owner signs an installment agreement and a lien agreement that "shall encumber the property to be benefited by the work," and 2-1-906 sends that lien agreement to the County Recorder. Deferred balances bear no interest, but any delinquent sum bears 7 percent a year from the due date, and the City Treasurer may demand a current title certificate and refuse the deal if the lien would not be good security.
Who does the work, and does it need a permit?
An owner who repairs the sidewalk privately is working in the public right-of-way. The Public Works permits page says excavation permits "are issued for construction projects requiring excavation, trenching or any type of digging in the City right of way," while work on private property needs a Building Permit instead. Encroachment permits "allow the use of City-owned right-of-way." Neither page names a sidewalk-repair permit as such, so ask Public Works which permit applies before hiring a contractor. Both types require the city's insurance requirements for Public Works permits, and fees "are reviewed annually and posted by Financial Services."
What should a buyer or seller check before escrow?
For a buyer, the frontage belongs on the inspection list. Ask the seller in writing whether a Notice to Repair has ever been posted and whether any sidewalk, curb or driveway work was done under a city installment agreement. The lien agreement under 2-1-906 is recorded, so it would appear among the exceptions in the preliminary title report; an unrecorded pending notice would not, so ask the seller, file a 311 request, or ask Public Works for the posting record it keeps under 7-3-507.
For an owner preparing to sell, a posted notice is cheaper to resolve before listing than during escrow, when a five-day clock and a buyer's request for repairs run at the same time. If the damage traces to a street tree, file the 311 request early and keep the confirmation. A home valuation does not move on a sidewalk, but a recorded lien agreement and an open notice both have to be cleared or credited at closing.
Q: Can I remove the parkway tree that keeps cracking my sidewalk? Not without a city permit. The tree is a public tree under the code, and the article linked above explains the permit and the penalties.
Q: Who pays for a new sidewalk where none exists? The fronting owner, on notice. Sections 7-3-510 to 7-3-512 supplement the state construction chapter, Streets and Highways Code 5870 and following, under which owners build the walk or curb when ordered once more than 50 percent of the block's front footage already has one, or when owners of more than 60 percent of the frontage petition for it.
This article summarizes Burbank Municipal Code Title 7, Chapter 3, Article 5, Title 2 sections 2-1-905 and 2-1-906, the Streets and Highways Code and City of Burbank documents as published on October 15, 2026, and is not legal advice. Call Alla at (818) 699-5367 or use the enquiry form.
More on this community in the Burbank area guide.