Birmingham, AL Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)

City Code § 4-5-11 makes it unlawful for a property owner to let the sidewalk paving in front of or along the side of the property, along with any private driveway apron built in the right-of-way or any sidewalk opening defined in § 4-5-90, "remain in a broken, worn, damaged or defective condition," or to let an obstruction or unsafe condition persist on the sidewalk or adjacent grass plot.

Enforcement runs through § 4-5-12: the city engineer must give the abutting owner written notice of the defective or dangerous condition, and that notice starts a ten-day clock for the owner to "repair or replace the same." The same ten-day process applies to an owner who built or is using a sidewalk opening, vault, or driveway cut without first getting the required permit; the city engineer's notice there demands removal of the illegal structure and restoration of the right-of-way within ten days.

If the owner does not act, § 4-5-13 lets the city engineer make the repairs or remove the obstruction directly, restore the public way at the owner's expense, and report the cost to the council, which then assesses that cost against the property. The Code backs that assessment with "a lien for the cost as provided by Code of Ala. 1975, § 11-49-2," the state statute cited directly in the ordinance. Snow and ice removal from an abutting sidewalk is a separate, standing duty under § 4-5-10, with no notice period required first.