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West Palm Beach, FL Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)

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

Key Facts

Trigger
Driveway/curb/sidewalk not repaired as ordered
Remedy
City orders work, bills owner
Nonpayment
Recorded lien on abutting property
New construction
5-ft sidewalk required before CO (§78-8)
Dangerous driveway notice
30 days to restore (§78-35)
Appeal
Zoning board of appeals waiver (§78-8)

Summary

West Palm Beach can order an owner to repave or repair a deteriorated driveway, curb or sidewalk under City Code § 78-37, bill the owner for the work, and record the unpaid cost as a lien on the abutting property. New construction also triggers a sidewalk-installation duty under § 78-8 before a certificate of occupancy issues.

In case any driveway, curb or sidewalk shall not be paved, repaved, repaired or restored according to the provisions of this article, the public utilities director may order the paving, repaving, repair or restoration to be done under his direction and for the owner's account, and the expense thereof, until paid, shall be a lien upon the abutting property and be filed as therefor provided.

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 76).

Full Breakdown

Responsibility for sidewalk and curb condition in West Palm Beach runs through two related articles of Chapter 78. Section 78-8 requires that before the city issues a building permit for any structure on a lot that lacks a paved, usable sidewalk, the plans must include installing one at least five feet wide, at the property owner's expense, and no certificate of occupancy will issue until it's built; the same rule applies to major repairs costing at least 50 percent of the building's last assessed tax value, though a denied permit can be appealed to the zoning board of appeals for a waiver.

Article II governs driveway crossings of the sidewalk and curb: § 78-31 requires a permit before anyone lowers a curb or changes a sidewalk grade for a driveway, and § 78-33 lets the city charge an inspection fee and hold a construction deposit. If a driveway becomes dangerous to pedestrians or is abandoned, § 78-35 gives the public utilities director authority to demand the owner restore the curb and sidewalk within 30 days. Section 78-37 is the backstop: whenever a driveway, curb or sidewalk isn't paved, repaved, repaired or restored as the article requires, the public utilities director can order the work done under city supervision, on the owner's account, and the unpaid expense becomes a lien on the abutting property, enforceable the same way as other code-enforcement liens.

Violations & Fines

Section 78-37 doesn't set a fine schedule; its remedy is direct cost recovery. If an owner doesn't pave, repair or restore a driveway, curb or sidewalk as ordered, the public utilities director can have the work performed and bill the owner directly, and any unpaid balance becomes a recorded lien against the abutting property, collectible the same way as other city liens, with interest until paid or foreclosed.

Frequently Asked Questions

Who has to fix a broken sidewalk in front of my house?
The abutting property owner bears the cost. Under § 78-37, if a sidewalk, curb or driveway isn't repaired as the code requires, the public utilities director can order the work done and bill the owner directly; unpaid costs become a lien on the property.
Do I have to build a sidewalk when I get a building permit?
Often yes. Section 78-8 requires plans for new construction, or major repairs costing at least half the building's last assessed tax value, to include a paved sidewalk at least five feet wide at the owner's expense, and the city won't issue a certificate of occupancy until it's built.
What happens if my driveway becomes unsafe?
The public utilities director can act. Section 78-35 lets the director order the owner, in writing, to restore a dangerous or abandoned driveway's curb and sidewalk to proper condition within 30 days, and § 78-37 allows the city to do the work itself and lien the property if the owner doesn't comply.

Sources & Official References

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