Responsibility for maintenance and repair of streets, sidewalks, and alleyways is a question that often arises when they fall into disrepair. Municipal codes and ordinances governing these obligations vary greatly—usually placing responsibility for streets and alleyways on the municipality and responsibility for maintenance of sidewalks on the adjacent property owner—whether an individual, a business, or a homeowners’ association.
But sometimes municipal codes or ordinances place responsibility for maintenance of all of these driveways and walkways on the municipality.
A property owner’s failure to maintain or repair a sidewalk, for example, as required by municipal code, may result in the city issuing a citation for a code violation, with a fine.
In North Dakota, the responsibility for the maintenance and repair of streets, sidewalks, and alleyways is typically delineated by local municipal codes and ordinances. Generally, the municipality is responsible for the upkeep of streets and alleyways, while the maintenance of sidewalks is often the responsibility of the adjacent property owner, which could be an individual, a business, or a homeowners’ association. However, there are instances where the municipal codes may assign the responsibility for sidewalks, and sometimes even streets and alleyways, to the municipality itself. If a property owner does not comply with the municipal code's requirements for sidewalk maintenance, the city may issue a citation and impose a fine for the code violation. It is important for property owners to be aware of and understand their local ordinances to ensure compliance and avoid potential penalties.