Sidewalk damaged outside your house? You have to pay for repairs, WA and Tacoma say
Typically when one thinks of potholes, downed telephone wires or dead light bulbs in an outdoor lamp post, it’s assumed local municipalities will take care of repairing the damage. But where does the boundary between public and private sidewalk property begin and end?
Homeowners in Washington state are responsible for keeping the sidewalk adjacent to their property in good standing. In fact, state law says that it falls upon property owners to reconstruct sidewalks that a city council deems unsafe for purposes of public travel.
The city of Tacoma provides additional information about private property owner responsibility for sidewalk repair, how it defines an “unsafe” sidewalk and what residents should do if they’re called upon to fix their neighborhood sidewalk.
Here is what the city and state guidelines say:
Defining a ‘safe’ sidewalk
The city says a sidewalk is unsafe for public transportation if sections of it are sunken, lifted up or if large cracks pose a risk to public safety. If the path has a poor appearance but isn’t deemed unsafe physically, it isn’t considered unsafe.
Sidewalks are typically damaged by tree roots, the ground settling beneath the sidewalk and cars illegally parked off the road.
Who is liable for sidewalk repair?
The city of Tacoma states that homeowners own the easement of land abutting their property and therefore the sidewalk that rests on that land. There’s no limit on how much of the sidewalk an owner must repair as long as the damaged surface falls upon their easement.
The city or state can’t charge the homeowner costs of construction or repairs that exceed 50% of the sidewalk’s value, the state law says. In addition, a private property owner can’t be held accountable for deterioration or damage if it occurred due to a direct result of city actions or the city’s failure to enforce its ordinances.
If a tree in a planting strip damages the sidewalk, it’s the property owner’s duty to ensure the damage doesn’t spread. This applies to trees that a previous owner planted.
Homeowners are also liable for repairs even if they just moved in, and the sidewalk was deemed unsafe prior to their arrival.
Who has to pay for sidewalk repair?
Property owners will receive a notification if the city inspects the space and determines it’s unsafe for travel. If the property owner declines to voluntarily repair the spot, the city will carry out the repairs and can assess the full cost against the owner. Tacoma has the power to do so under its Municipal Code and state law.
The city’s notification will come in the form of a letter to the property owner. City of Tacoma spokesperson Maria Lee told The News Tribune in an email that property owners should reply to the city as soon as possible.
If an owner refuses to compensate the city for the repairs, then the city can legally place a lien on the homeowner’s property equivalent to the full cost of repairs, Lee says.
Bank holding company Capital One defines a lien as a legal right or claim against some kind of property that can be used as collateral so debt can be repaid. However, the city of Tacoma is currently operating under the assumption that residents will voluntarily comply with requests for sidewalk repairs, Lee says.
Cost to replace a sidewalk
In 2022, the average cost of repairing one square foot of sidewalk in Tacoma was $26, Lee says. The city also offers a low-income/no-cost replacement program for households that earn 80% or less than the area median income as determined by the U.S. Department of Housing and Urban Development. Tacoma Housing Authority provides data on annual median income based on household size for the year of 2022 on its website.
Property owners can hire a contractor to perform the sidewalk repairs, Lee says. However, the contractor must obtain a permit and be licensed with the state and have a bond with the city of Tacoma. Check the state’s Department of Labor and Industries website to confirm if a contractor’s license and bond is valid with the city of Tacoma.
Repair permits can be viewed on the city’s permit web portal. Residents can also call Tacoma’s permit center at 253-591-5030 to get a permit cost estimate.
This story was originally published May 23, 2023 at 10:08 AM.
