Waukesha, WI Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)
Key Facts
- Initial sidewalk cost
- Charged to abutting owner
- City-ordered replacement cost
- Paid by the City
- Owner-requested replacement cost
- Charged to the owner
- Owner refuses City access
- Cost shifts to owner via Wis. Stat. § 66.0907(3)
- Installment option
- Up to 10 annual payments
- Adopted
- Ord. 2023-7, June 20, 2023
Summary
Waukesha pays to replace a public sidewalk it decides needs replacing, but abutting property owners pay for the original installation and for any replacement they request themselves, all billed as a special charge under Municipal Code Sec. 6.115, adopted by Ord. 2023-7 in June 2023.
(1) The cost of the initial laying of sidewalks shall be charged to the abutting property owners as a special charge as defined in Wis. Stat. §74.01(4). (2) If the City determines that any existing sidewalk within City right-of-way requires replacement, then the cost of replacing such sidewalk shall be paid by the City, and shall not be charged to abutting property owners. However, if after the City determines that an existing sidewalk requires replacement the abutting property owner refuses to give written permission for the City or its contractors to enter upon the owner's property to the extent reasonably necessary to perform replacement of the sidewalk after the City has made a request to do so, then the City shall not pay the cost of replacing the side-walk and shall instead follow the procedure in Wis. Stat. §66.0907(3)(b) through (f). (3) The cost of replacing sidewalks upon abutting property owners' request and not upon the City's determination shall be charged to the requesting abutting property owners as a special charge as defined in Wis. Stat. §74.01(4).
Full Breakdown
Sec. 115 splits sidewalk cost responsibility into three scenarios. The initial laying of a sidewalk is always charged to the abutting property owner as a special charge under Wis. Stat. Sec. 01(4). If the City itself determines an existing sidewalk within the right-of-way needs replacing, the City pays for that replacement and cannot charge the abutting owner, unless the owner refuses in writing to let the City or its contractors onto the property to do the work; in that case, the City instead follows the special-assessment procedure in Wis.
Stat. Sec. 0907(3)(b) through (f), which shifts the cost back onto the owner. If an owner asks the City to replace a sidewalk that the City has not itself flagged for replacement, that cost is charged to the requesting owner as a special charge. Any of these special charges may be paid off in up to 10 annual installments under Wis. Stat. Sec. 0907(4)(f) rather than all at once. This cost-allocation rule is separate from the day-to-day duty in Sec. 09 requiring owners and occupants to keep the sidewalk clear of dirt, rubbish, and obstructions, which the City can also enforce and bill for if ignored.
Violations & Fines
There's no fine for the cost allocation itself, but refusing to give the City written permission to access your property after it has determined your sidewalk needs replacing costs you the City-funded replacement: the City instead invokes the special-assessment procedure in Wis. Stat. Sec. 66.0907(3)(b) through (f), which puts the bill back on you. Special charges under Sec. 6.115 become a lien on the property and are collected like other special charges, with an option to spread payment over up to 10 annual installments.
Frequently Asked Questions
Do I have to pay to replace the sidewalk in front of my house in Waukesha?
What if I don't let the City access my property to fix a sidewalk it flagged?
Can I pay a sidewalk special charge over time?
Sources & Official References
Other rules in Waukesha
Compare Waukesha to another location·View the Wisconsin sidewalk & pedestrian rules overview
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