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South Bend, IN 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, tenant, occupant or contractor
Notice deadline
30 days after Board of Public Works notice
Permit fee (repair, in-kind)
$0.00, processing fee waived
Permit fee (new curb/sidewalk)
$5.00 per 10 linear feet, $25 minimum
Late/no-permit fine
$100 to $1,000 per day
Inspection window
Within 2 days of completion

Summary

South Bend places sidewalk, curb and gutter repair squarely on the abutting property owner. Owners must construct, reconstruct, repair or grade the sidewalk, curb or gutter bordering their property, either voluntarily or once the Board of Public Works issues written notice requiring it.

(a)Any property owner (which includes tenant, occupant or contractor) upon his own initiative and without notice may, or in case of written notice from the Board of Public Works or its designee as provided by law shall, construct, reconstruct, repair and grade a sidewalk and/or curb and/or gutter at the edge of a sidewalk and/or driveway and/or roadway and/or or alley abutting or bordering upon the property.(b)Such owner shall first make application to the City Engineer or his designee for a construction permit to be issued by such Board.

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 65).

Full Breakdown

Under City Code § 18-35, the abutting property owner (a term that also covers a tenant, occupant or contractor) may repair a sidewalk, curb, gutter, driveway, roadway or alley bordering the property on their own initiative, but must do so once the Board of Public Works and Safety serves written notice. Before starting work, the owner applies to the City Engineer or a designee for a construction permit; the Board issues the permit after the City Engineer approves the application. 00 separate processing fee applies generally, but the fee is waived for curb or sidewalk repair done as in-kind replacement.

00 re-inspection fee. Section 18-36 requires the finished sidewalk, curb or gutter to sit at established grade, stay in good condition and perfect alignment, and shed water freely. The owner must notify the City Engineer before work starts and arrange inspection within two days of completion under § 18-37. If an owner fails to act within 30 days of a Board notice under § 18-38, the Board of Public Works and Safety performs the work itself and levies the cost as an assessment against the property under the City and Town Street, Alley and Other Public Improvement Act of 1969.

Violations & Fines

Working without the required construction permit is a separate offense under § 18-43: a fine of not less than $100.00 per day nor more than $1,000.00 per day accrues until an approved permit is obtained, on top of liability for the applicable permit fee back to the date construction began. The Department of Public Works or any affected individual may initiate enforcement by complaint. Separately, an owner who ignores a 30-day repair notice loses the choice of contractor: the Board completes the work and bills the owner through a special assessment under state improvement law.

Frequently Asked Questions

Who is responsible for fixing a broken sidewalk in South Bend?
The property owner abutting the sidewalk is responsible under City Code § 18-35, which also reaches a tenant, occupant or contractor acting for the owner. Repairs can start voluntarily, but become mandatory once the Board of Public Works and Safety issues written notice requiring the work.
Do I need a permit to repair my own sidewalk in South Bend?
Yes. Section 18-35 requires an application to the City Engineer and a permit from the Board of Public Works before work begins, even for in-kind sidewalk repair, though the processing fee is waived for like-for-like replacement. Working without a permit draws a fine of $100 to $1,000 per day under § 18-43.
What happens if I ignore the city's sidewalk repair notice?
Under § 18-38, if the owner does not complete required sidewalk, curb or gutter work within 30 days of the Board's notice, the Board of Public Works and Safety has the work done itself and assesses the cost against the property under the City and Town Street, Alley and Other Public Improvement Act of 1969.

Sources & Official References

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