Fauquier County, VA Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)
Key Facts
- Declared a nuisance
- Unsafe/out-of-repair sidewalks, Sec. 14-3(6)
- Responsible party
- Owner, lessee, tenant, occupant, or agent
- Governing responsibility section
- Sec. 14-5
- Notice-to-remedy period
- Up to 10 days
Summary
Sidewalks, gutters or curbstones left unsafe or out of repair are declared a nuisance under Fauquier County's nuisance chapter, and every owner, lessee, tenant, occupant or agent in charge of the abutting property is charged with the duty of keeping the property from constituting that nuisance.
(6)All sidewalks, gutters or curbstones permitted to remain in an unsafe condition, or out of repair. ... Each owner, lessee, tenant, occupant or person in charge of any real property within the county, and each agent or representative of any such person, is hereby charged with responsibility for the maintenance and use of such real property in such manner that no use of, or activity or condition upon or within, such real property shall constitute a nuisance; and all such persons are hereby charged with the duty of observing all of the provisions of this chapter, but such responsibility shall not be construed to permit any other person not charged with such responsibility to commit or maintain any nuisance upon or within any real property in the county.
Full Breakdown
Sec. 14-3(6) declares it a nuisance for sidewalks, gutters or curbstones to be permitted to remain in an unsafe condition or out of repair, placing disrepair alongside obstructions and unsafe structures in the county's enumerated list of nuisance conditions. Sec. 14-5 then fixes responsibility: every owner, lessee, tenant, occupant or person in charge of real property in the county, and every agent or representative of such a person, is charged with maintaining and using the property so that no condition upon it constitutes a nuisance, and with observing all provisions of Chapter 14.
That duty extends to abutting sidewalk conditions declared a nuisance under Sec. 14-3(6), meaning it is the adjoining owner or occupant, not only the county, who bears responsibility for keeping a sidewalk in repair. Sec. 14-5 also clarifies that this responsibility does not let a third party who is not charged with it maintain a nuisance on someone else's property, keeping the duty tied to whoever controls the property in question. If a sidewalk in disrepair is not fixed, the health officer can proceed under the abatement process in Article II: investigating under Sec.
14-6, issuing a written notice to remedy under Sec. 14-9 with up to ten days to comply, and, if that notice is ignored, directing county officers to make the repair and charging the cost to the responsible owner or occupant under Sec. 14-10.
Violations & Fines
Allowing a sidewalk, gutter or curbstone to remain unsafe or out of repair is a nuisance violation under Sec. 14-2, punishable as provided in Sec. 1-7. Failure to comply with a health officer's abatement notice under Sec. 14-9 is a separate violation, and the county may perform the repair itself and bill the responsible property owner under Sec. 14-10.
Frequently Asked Questions
Who is responsible for repairing a sidewalk in unincorporated Fauquier County?
What happens if I do not repair a sidewalk after being notified?
Can I be fined just for the sidewalk being out of repair?
Sources & Official References
Other rules in Fauquier County
Compare Fauquier County to another location·View the Virginia sidewalk & pedestrian rules overview
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