Wilmington, DE Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)
Key Facts
- Who repairs
- Abutting property owner
- Notice deadline
- 20 days after city notice
- Fine range
- $100–$1,000 per violation
- If owner refuses
- City repairs and bills owner
- Weather extension
- Up to 90 days allowed
Summary
In Wilmington, the owner of property abutting a public sidewalk must keep it free of holes, cracks, and defects, and is solely responsible for injuries caused by a broken sidewalk: the city itself is not liable.
The owner of any property or ground abutting on such defective sidewalk or footway, or curb, or the authorized agent of such owner, shall be solely responsible for any damage that may result to persons or property by reason of any hole, excavation or obstruction in or upon such footways, or from any defective condition of such sidewalk, footway or curb. The city shall not be deemed responsible for any damages that may result to persons or property by any such reason as aforesaid.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72).
Full Breakdown
City Code § 42-41 lets the licenses and inspections commissioner order an abutting owner to pave, curb, or repair the adjoining sidewalk within 20 days of written notice (extensions up to 90 days for weather). Section 42-42 makes any owner whose sidewalk has holes, ridges, loose material, or other defects solely responsible for resulting injuries. Under the § 42-42.1 sidewalk repair program, the department annually flags the worst sidewalks and notifies adjoining owners before scheduling city repairs.
Violations & Fines
Failure to repair after notice is a misdemeanor: $100 for each 1-7 day period of noncompliance, up to $1,000 per violation (§ 42-43(a)). The city may also enter the property, do the repair itself, and bill the owner as a recoverable debt.
Frequently Asked Questions
Who is responsible for sidewalk repairs in Wilmington, DE?
What happens if I ignore a city repair notice?
Sources & Official References
Other rules in Wilmington
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