Repair and Replacement Responsibilities
Sidewalk repair or replacement is the responsibility of the abutting property owner. When a sidewalk that is in need of repair or replacement is reported to the Public Works Department, City staff goes to the location and inspects the area of concern. Sidewalks are considered inadequate or unsafe and in need of repair or replacement if they exhibit one or more of the following issues:
- Brick sidewalk defects
- Bricks are missing, settled or spalled resulting in excessive cross-slope, heaving, separation, cracking, etc
- Remedy: reset or replace
- Excess cross-slope
- Exceeds 5/8” per foot or greater measured with width of sidewalk
- Remedy: lift or replace
- Heaving or settlements between panels
- Vertical deviation of the grade equal to 1.5” or more
- Remedy: lift, reset or replace
- Horizontal separation
- Gaps equal to 1.5” or greater
- Remedy: fill or replace
- Linear cracking
- A single panel that is cracked into more than four individual sections or in such a manner that the sidewalk constitutes a danger to the public
- Remedy: replace
- Missing pavement
- A sidewalk or driveway with any section missing to the full depth
- Remedy: patch or replace
- Surface defects or spalling
- Spalling or loose material over 33 % of a single panel, including holes or depressions equal to or greater than ½” in depth or diameter
- Remedy: patch or replace
- Vegetative overgrowth
- Grass or landscaping encroaching onto or through 33% of of the concrete or brick sidewalk area
- Remedy: remove vegetation to full width of sidewalk
- Vertical separation
- Trip hazard equal to ¾” or greater
- Remedy: grind, cut, lift or replace
If the sidewalk is deemed to be inadequate or unsafe, a “Violation Notice and Correction Order” is mailed to the abutting property owner. The property owner has 30 days from date of the notice to make repairs to the sidewalk, unless a “Notice of Extension and Letter of Intent to Correct” is filed and approved.
If the property owner does not respond within 30 days and the violation still exists, a ”Notice of Pending Abatement” is mailed via certified mail, return receipt requested. The property owner has 14 days from date of this notice to make the necessary repairs to the sidewalk.
The abutting property owner may make arrangements for a contractor to repair the sidewalk. The contractor must have a current Class A, B, C or Right-of-Way Concrete Specialty License through the City Clerk’s office. The contractor must also purchase a permit from the Public Works Department and have the repair work inspected by staff. The website link for the licensed contractors is located at:
If the sidewalk is not repaired by the abutting property owner within the time specified, Public Works staff will make arrangements for the repairs to be made. After the work is completed, the City Clerk’s office will invoice the property owner for the repairs plus an administrative fee. If the property owner does not pay the entire invoiced amount, the unpaid balance will be assessed to the property owner’s taxes through the Register of Deeds office. Any unpaid sidewalk repairs forwarded to the Register of Deeds after July 31 will be assessed to the next year’s taxes.
These standards shall be used by the City Manager or his designee pursuant to Section 31-700 as a guide to determine the procedures for the construction, reconstruction and repair of sidewalks. The standards shall also be used by the City Engineer pursuant to K.S.A. 12-1808 to determine if a sidewalk is in need of repair. Click Here for more information about this ordinance and refer specifically to pages 21-23 for the standards.
If you would like to report a sidewalk concern or if you have questions about a Violation Notice and Correction Order you have received please contact the Public Works Department at (785) 309-5725.