2. Responsible Party
Pursuant to Section 3.13.048 of the Code of Ordinances, the abutting property owners are
currently responsible for repairing the sidewalk when damage is attributable to actions of
the abutting property owner (e.g. landscaping, drainage). The goal of this Program is for
the Town to take proactive measures to address unsafe sidewalks as a public service. As
part of the Program, if the sidewalk damage is unrelated to actions by the abutting
property owner, the Town will consider scheduling the section for repairs on a funds and
staff available basis. Town staff will investigate sidewalk damage concerns and
determine whether the abutting property owner is responsible for damage to the sidewalk.
If the damage is determined to be the fault of the abutting property owner, the sidewalk is
not eligible for the Program.
If the sidewalk is eligible for the Program, that section will be added to the list for future
repair by the Town. If the repairs are due to parkway trees and root pruning is required,
the owner will be contacted. In those cases, the roots will be pruned to a depth of four (4)
inches below the base of the new sidewalk. If the abutting property owner objects to root
pruning, the abutting property owner will remain solely responsible for the repairs and
will be issued a Notice of Violation. All repairs will meet all requirements of the
Americans with Disabilities Act (“ADA”) and the Town’s standards.
The Town’s Concrete Sidewalk Maintenance Program has two inspection components: 1)
proactive inspection and 2) reactive inspection. Proactive inspection involves Town staff
surveying the Town’s sidewalks as part of the street rehabilitation program. The
sidewalks of streets scheduled for rehabilitation will be inspected and repaired as
necessary. Reactive inspection involves investigation by Town staff and is done in
response to public request. Sidewalks deemed necessary for repair based on public
request will be done on a first come, first served basis.
If the damaged sidewalks are due to tree roots, the trees will be evaluated and placed in
one of the following categories:
At the discretion of the Town Engineer, an arborist may be retained to evaluate the trees.
After the trees are evaluated and classified, three options will remain for repair of the
If root pruning is required, all exposed roots will be removed to a depth of four (4) inches
below the base of the new sidewalk. Tree roots will be straight cut and the wounds will
be properly treated.
5. Town Standards
Town standards are updated periodically based on new information and technology. The
data collected from the Town’s Concrete Sidewalk Maintenance Program provides
valuable information regarding maintenance requirements. Based on the data and as
appropriate, the Town’s sidewalk standards may be updated.