This is reflected in the Mobility Ordinance, despite the fact that the majority of civil liability claims are for this reason
The City Council reminds the owners of fords that they are the ones who must repair the damage to their section of public road
Benidorm City Council, through the Department of Mobility, today reminded the communities of residents and owners of fords on public roads that it is their responsibility to repair and fix the damage that occurs in the sections of the public road that correspond to their fords.
The City Council specifies that article 56 of the Municipal Mobility Ordinance, regarding the conservation of the sidewalk, establishes that "the damage caused to sidewalks due to the special use that involves the entry and exit of vehicles on the occasion of the granted ford, will be the responsibility of the owners.
The same article indicates that the owners “will be obliged to repair it at the request of the City Council and within the period established for this purpose” and adds that their non-compliance “will give rise to the forced execution in the terms regulated in the Law of the Legal Regime of Public Administrations and the Common Administrative Procedure”.
The call made by the City Council is due to "a large number of requests for civil liability that we receive for this reason" explained the Councilor for Mobility, José Ramón González de Zárate, who has asked the property managers "to notify the neighbours to prevent these claims from occurring that we cannot attend to”.
In that sense, the mayor has detailed that in case of any doubt they can go to the Municipal Engineering department "and there they will be given instructions on how to proceed and the material they must use." A material that better supports the passage of vehicles and prevents damage at the entrance of fords.
Likewise, González de Zárate has underlined that there are "Mobility police that checks the sidewalks and notifies Engineering and private farms when they detect any anomaly that must be repaired."
The councillor has also pointed out that the City Council “is undertaking numerous actions to improve accessibility and the urban scene. When we make works on a street and we find a ford in poor condition, we repair it”. However, he has added that "there are streets that we do not pass through and it is the owners of the fords who have to repair them."