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Wauwatosa, WI Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Who must maintain
Abutting property owner (§ 12.20.090)
Neglect penalty
$5 per 3 days plus prosecution costs
Repair notice period
3 days after board of public works notice
Non-compliance outcome
City repairs, bills owner via special tax
Standard sidewalk width
5 feet (§ 12.20.050)
New sidewalk permit
Required from city engineer (§ 12.20.140)

Summary

In Wauwatosa, the owner of every lot or tract of land adjoining a public sidewalk must keep that sidewalk in good and safe condition. Neglect draws a five-dollar penalty for each three-day period the defect goes unfixed, plus the city's costs of prosecution, under Wauwatosa Municipal Code Section 12.20.090.

The owner of every lot or tract of land in the city of Wauwatosa, adjoining which there is a sidewalk, is required to keep such sidewalk in good and safe condition to prevent accident, and for each three days of neglect so to do shall forfeit and pay penalty of five dollars together with the costs of prosecution. ... Whenever any sidewalk in the city of Wauwatosa is, in the opinion of the board of public works of the city, in such an unsafe condition as to require repairing, it shall be the duty of said officers to notify the owner of the property adjoining such sidewalk, as provided in Section 66.0907 of the Wisconsin Statutes to repair the same in a manner to be approved by the board, within three days, and in case any such owner neglects to do so, the board shall immediately cause the same to be repaired and shall certify and return the expense thereof to the city clerk, and such expense is levied upon the property bounded by such sidewalk as a special tax thereon, and the same shall be collected as is provided in Section 66.615 of the Wisconsin Statutes.

Full Breakdown

Wauwatosa places the burden of everyday sidewalk upkeep squarely on the abutting property owner, not the city. 13(1), requires the owner of every lot adjoining a sidewalk to keep it in good and safe condition to prevent accidents. An owner who lets a defect go unrepaired forfeits five dollars for every three days of neglect, on top of whatever it costs the city to prosecute the violation. The city also runs its own enforcement track for sidewalks it judges unsafe. 0907, and give the owner three days to make the repair to the board's satisfaction.

If the owner does nothing, the board sends its own crews to fix the sidewalk and certifies the cost to the city clerk. 615 as cited in the code. 050 fixes the standard width at five feet unless another width has been separately established. 140 requires anyone building a new sidewalk to get a permit from the city engineer first.

Violations & Fines

Ignoring the ordinary maintenance duty under Section 12.20.090 carries a forfeiture of five dollars for each three-day period of neglect plus the costs of prosecution. Ignoring a formal repair notice under Section 12.20.100 is costlier: the board of public works repairs the sidewalk itself and certifies the expense to the city clerk, who levies it as a special tax lien against the property, collected exactly like a delinquent property tax.

Frequently Asked Questions

Who is responsible for fixing a broken sidewalk in Wauwatosa?
The owner of the abutting lot is responsible. Wauwatosa Municipal Code Section 12.20.090 requires every property owner adjoining a public sidewalk to keep it in good and safe condition, and the city does not routinely repair sidewalks at its own expense unless the owner fails to act after a formal notice.
What happens if I don't fix my sidewalk after the city notifies me?
Under Section 12.20.100, the board of public works has the sidewalk repaired by city crews and certifies the cost to the city clerk. That amount is then levied against your property as a special tax, collected the same way as a delinquent property tax.
How much can I be fined for a neglected sidewalk?
Section 12.20.090 sets a forfeiture of five dollars for every three days the defect goes unrepaired, plus the costs of prosecuting the violation. That penalty is separate from, and in addition to, any cost the city recovers if it ends up repairing the sidewalk itself.
Do I need a permit to replace my own sidewalk?
Yes. Section 12.20.140 requires a permit from the city engineer before constructing any new sidewalk in Wauwatosa, and Section 12.20.150 requires paying a permit and inspection fee under the schedule set in Section 12.04.100 before the permit is issued.

Sources & Official References

Other rules in Wauwatosa

All Wauwatosa rules

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