Albuquerque, NM Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)
Key Facts
- Duty holder
- Abutting owner, occupant, or agent
- Overhead clearance duty
- 8 feet above sidewalk kept clear
- Rear-lot exemption cutoff
- Lots platted before June 29, 1983
- Non-compliance remedy
- City repairs; cost becomes property lien
- General penalty
- Up to $500 fine or 90 days jail
- Obstruction waiver authority
- Development Review Board
Summary
Albuquerque puts sidewalk, drive pad and curb ramp upkeep on the abutting property owner, not the city. Section 6-5-5-18 requires owners, occupants or agents in charge to keep these surfaces clean of rocks, ice and snow and in good repair, free of cracks, floats, obstructions and depressions.
(A) All sidewalks, drive pads and curb ramps shall be kept clean from rocks and other obstructions, including ice and snow, and in a state of good repair by the owner, occupants, or agents in charge of the abutting property. Sidewalks, drive pads and curb ramps in good repair shall be free of cracks, floats, obstructions, depressions and/or any and all other defects and shall have a uniform longitudinal and transverse gradient. ... (F) ... If the owners of street furniture or the owners, occupants, or agents in charge of the abutting property fail to comply with such notice of repair or maintenance or removal within the time prescribed, the city will cause the repairing, maintenance or removal to be accomplished and the cost of such repairs or maintenance or removal of obstruction shall constitute a lien against such property and shall be foreclosed in the same manner provided by law for the foreclosure of municipal liens.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-95: Current through Ordinance 2026-010, passed 4-6-2026).
Full Breakdown
Revised Ordinances of Albuquerque (ROA 1994) Section 6-5-5-18(A) makes the owner, occupant, or agent in charge of the abutting property responsible for keeping sidewalks, drive pads and curb ramps clean of rocks and other obstructions, including ice and snow, and in a state of good repair, meaning free of cracks, floats, obstructions, depressions and any other defects, with a uniform longitudinal and transverse gradient. Subsection (C) extends the duty upward: the airspace directly over these surfaces, up to a height of eight feet, must be kept free of vegetation or other obstruction by the adjoining owner, occupant or agent.
Subsection (D) makes the same owner, occupant or agent responsible for maintaining the sidewalk landscape/buffer area and everything planted in it. Subsection (B) carves out a narrow exemption at the rear lot line: an owner is relieved of repair responsibility there only if the lot sits in a residential zone limited to houses and townhouses, the lot fronts public streets on both its front and rear lines, the property has no legal right of vehicular access from the rear street, and the lot was platted before June 29, 1983, the effective date of the city's Subdivision Ordinance.
Subsection (E) bars placing street furniture or any item that would obstruct pedestrians or narrow the sidewalk below the width standards in Section 6-5-5-14 unless the Development Review Board grants a waiver. Subsection (G) addresses declared emergencies: the city takes over restoring sidewalks to their pre-emergency condition and replacing/compacting soil in the right-of-way, but that assumption of duty does not excuse owners from making reasonable efforts to keep sidewalks clean of emergency-related debris in the meantime.
Violations & Fines
Under subsection (F), when the Mayor finds a violation, the city serves notice on the owner, occupant or agent directing repair, maintenance or removal of obstructions within a set deadline. If the property owner misses that deadline, the city performs the work itself and the cost becomes a lien against the property, foreclosed the same way any municipal lien is foreclosed. Because Section 6-5-5-18 is a penal ordinance with no separate penalty listed, a violation also falls under the citywide general penalty in Section 1-1-99: a fine up to $500, imprisonment up to 90 days, or both, with each day of continued violation charged as a separate offense.
Frequently Asked Questions
Who is responsible for fixing a cracked sidewalk in front of my house in Albuquerque?
Does the sidewalk repair duty ever fall on the rear of my lot?
What happens if I ignore the city's repair notice?
Can I be fined for a bad sidewalk even after the lien is placed?
Sources & Official References
Other rules in Albuquerque
Compare Albuquerque to another location·View the New Mexico sidewalk & pedestrian rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.