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 New Mexico, 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 local ordinances may assign the municipality the duty to maintain all these areas, including sidewalks. If a property owner neglects their responsibility to maintain a sidewalk as mandated by the municipal code, the city may issue a citation for a code violation, which can include a fine. Property owners should consult their local ordinances to understand their specific obligations regarding the maintenance and repair of sidewalks and other public walkways adjacent to their property.