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Abilene, TX Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Who repairs
Abutting property owner, at owner's expense
Notice to repair
City Engineer, 30 days to comply
City self-help repair
Cost billed to owner if ignored
Unpaid repair cost
Becomes a lien ranking above other liens
Snow/ice duty
Owner must keep sidewalk clear
Injury liability
Owner solely liable, not the City

Summary

Abilene puts the cost and duty of sidewalk repair on the abutting property owner, not the City. Owners must fix a defective or dangerous sidewalk, driveway, curb or landscaping strip at their own expense and clear it of snow and ice, and they're solely liable for injuries the defect causes. The City Engineer can order repairs and, if ignored, do the work and bill the owner.

(a)It shall be the duty of all persons owning real property within the City to keep any sidewalk, sidewalk amenities, landscaping, driveway or curb abutting their property in good repair. Whenever a sidewalk, sidewalk amenity, landscaping, driveway or curb shall become defective or dangerous, such owner shall reconstruct or repair the same at his expense.(b)Each owner of real property shall keep the abutting sidewalks and sidewalk amenities free from snow, ice and other hazardous substance.(c)The owner of property abutting on any public street containing a sidewalk, sidewalk amenity, landscaping, driveway or curb that has become defective and has resulted in causing damage or injury as a result of such defective or dangerous condition shall be solely liable in damages for any loss or damage sustained as a result of such defective condition. The City shall not be held as assuming any such liability by reason of inspection or reinspection authorized herein or by reason of the approval or disapproval of any construction made or not made in accordance with standards or specifications of this chapter or other applicable provisions of this Code.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 14).

Full Breakdown

Section 29-38 places an ongoing duty on every owner of real property in Abilene to keep the sidewalk, sidewalk amenities, landscaping strip, driveway and curb abutting their land in good repair, and to reconstruct or repair it at their own expense once it becomes defective or dangerous. The same section requires owners to keep those sidewalks and amenities clear of snow, ice and other hazardous substances, and makes the owner, not the City, solely liable for damages if a defective sidewalk causes an injury; the City's own inspection or approval of past construction doesn't create liability on its part.

Section 29-39 lets the City Engineer start the repair process with a notice, served personally or by mail to the owner's last known address, and the owner then has thirty days to comply with what the notice requires. If the owner fails or refuses to make the repair within that window, Section 29-40 authorizes the City to do the work itself and charge the cost back to the abutting property owner. Section 29-41 turns that cost, along with interest and the cost of collection, into a personal claim against the owner secured by a lien on the property that ranks above every other lien or claim except lawful taxes, and the City can sue in any court with jurisdiction to enforce it.

The same repair duty carries over to new construction: Section 29-42 applies the article to sidewalks, driveways, recess parking and curb and gutter built or rebuilt alongside new buildings, and Section 29-48 withholds a certificate of occupancy until the required sidewalk is installed under the City's sidewalk master plan.

Violations & Fines

An owner who ignores the City Engineer's thirty-day repair notice doesn't face a separate criminal fine under this article; instead, Section 29-40 lets the City perform the repair itself, and Section 29-41 recovers every dollar of that cost, plus interest and collection expenses, as a lien on the property that outranks every claim except taxes and can be foreclosed by lawsuit.

Frequently Asked Questions

Who is responsible for fixing a broken sidewalk in Abilene?
Section 29-38 puts that duty on the owner of the property the sidewalk fronts, not the City. Once a sidewalk, driveway, curb or the landscaping strip next to it becomes defective or dangerous, the abutting owner has to reconstruct or repair it at their own expense, and stays liable for any injury it causes in the meantime.
How much notice do I get before I have to repair my sidewalk?
Section 29-39 gives the City Engineer authority to serve a repair notice on you personally or by mail to your last known address, and once served, you have thirty days to complete the repair the notice describes. Missing that window lets the City step in and do the work at your cost.
What if I don't repair my sidewalk after the City tells me to?
Section 29-40 lets the City repair the sidewalk, curb or driveway itself and charge you for it. Section 29-41 then converts that cost, plus interest and collection expenses, into a lien on your property that outranks every other claim except unpaid taxes.
Am I liable if someone gets hurt on the sidewalk in front of my house?
Yes. Section 29-38(c) makes the abutting property owner solely liable for injury or damage caused by a defective sidewalk, driveway or curb, and states that the City isn't liable just because it inspected or approved past construction there.

Sources & Official References

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