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Default rule and exceptions
Under Indiana Code § 36-9-36-17 the works board may require abutting owners to construct or repair their own sidewalks (30-day notice), and if the owner fails the board repairs and assesses the cost (Barrett Law). The Indianapolis-Marion County Revised Code § 431-506 holds abutting owners accountable for the safety and preservation of the adjacent public way. No tree-root carve-out exists, so the owner pays regardless of cause.
| Party | What they are responsible for |
|---|---|
| Property owner | Construct or repair the adjacent sidewalk on the works board’s notice (IC 36-9-36-17); keep the abutting public way safe and preserved (§ 431-506). |
| City / public agency | On owner failure the works board repairs and assesses the cost against the abutting property (Barrett Law). |
| Exceptions | None on record |
What the source says
Last verified against the primary source on Sep 9, 2026.
Sec. 17. (a) The works board may require the owners of abutting property to construct or repair the owners' own sidewalks or curbs... (c) A property owner has thirty (30) days from the date of the notice to construct the sidewalks or curbs or make the repairs as required by the notice. (d) If a property owner fails to comply with the order, the works board may have the sidewalk or curb constructed or repaired by an independent contractor.
Any owner or person controlling premises abutting or adjoining a public way shall be accountable to the city for any conduct thereon which may injuriously and unnecessarily affect the cleanliness of the public way, the safety thereof, the freedom for public travel thereover and the preservation of the pavement and other portions thereof.
City rules rest on state law. Read Indiana's sidewalk statute, quoted verbatim, or see all 50 states in one table.
Common questions
Who pays for tree roots in Indianapolis, IN?
The property owner. Construct or repair the adjacent sidewalk on the works board’s notice (IC 36-9-36-17); keep the abutting public way safe and preserved (§ 431-506).
What does the city cover in Indianapolis, IN?
On owner failure the works board repairs and assesses the cost against the abutting property (Barrett Law).
What is this based on for Indianapolis, IN?
This verdict is sourced to Indiana Code § 36-9-36-17 (works board may require owner to construct/repair sidewalk; assess on failure) and 2 sources in total, each independently re-checked before publication.
Sources
- Indiana Code § 36-9-36-17 (works board may require owner to construct/repair sidewalk; assess on failure)official · verified-official · accessed 2026-09-09
- Indianapolis-Marion County Revised Code § 431-506 (owner accountable for abutting public way)official · verified-official · accessed 2026-09-09
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