Last Updated on April 5, 2024 by Jeffrey Calderon
Overview Of NYC Sidewalk Violations
Are you a property owner in NYC concerned about sidewalk violation costs when it comes time to sell?
Sidewalk violations are a common, unfortunate issue with many properties in New York City and are regulated by the Department of Transportation.
These violations often result from physical damage or improper maintenance of the sidewalks near your property.
If left unresolved, they can create hefty fees – or even stop a sale altogether!
With our expert knowledge of NYC sidewalk violations, you can rest assured that you’ll be well informed on any potential costs of selling your home.
Don’t let anything ruin your negotiating power when it’s closing time.
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What Is a Sidewalk Lien in NYC?
If you’re a New York City property owner, you may have heard about a “sidewalk lien.”
A sidewalk lien is a claim New York puts on your property when they require you to repair any sidewalk fault issues.
New York City has the authority to make property owners financially responsible for sidewalk defects and repairs on their property, like cracks or joint separations.
It’s important to address this immediately because if you don’t make the necessary repairs within 75 days of being notified, New York can take more serious collection actions against your assets.
Remove a Sidewalk Lien Due to City Tree Damage
It’s always best to request the Parks Department to inspect these first.
After they confirm the tree roots are to blame, they’ll provide documentation or set up another inspection with DOT.
Did you know that when tree roots are to blame, you can request The City to inspect and repair sidewalks at their cost, not yours?
Repair a Sidewalk Yourself
Homeowners can repair sidewalks independently, usually hiring a registered contractor to perform the physical work.
The homeowner would still require a permit in their name from the Department of Transportation in order to apply for nyc dot sidewalk violation removal.
If the broken sidewalk is confined to a 5’x5′ square or “flag,” No Permit is required!
Problems Caused by Tree Roots
Tree roots can cause serious damage to a sidewalk, literally lifting a whole sidewalk flag well above grade.
Tree roots can also cause damage to below-grade infrastructure, bursting private sewer lines, breaking fiber optic cables, and piercing waterproof membranes above vault roofs.
NYC DOT’s Expedited Sidewalk Repair Program
If you’re not in a rush and don’t mind paying a premium, the NYC DOT Expedited Sidewalk Repair Program may be the right fit.
You’ll have the work done within 90 days of inspection. If there is a sidewalk lien on the property, DOT will coordinate removal with the Department of Finance.
Notice of Sidewalk Violations
When giving the property owners notice of a violation, DOT generally mails out a Notice of Violation with a small drawing showing where the defective conditions are present.
This drawing should be shared with the GC performing sidewalk repairs.
Pigmented Sidewalk Rules Apply in Commercial Districts
It would surprise some people that different concrete mixes are used depending on the zoning district a property is located in.
Pigment concrete must be used on the sidewalk at each lot in the commercial district C4-4 to C4-7, C5. These include special purpose areas for which this zoning is a governing factor, such as the special Midtown District.
Look in NYC Zoning Maps for addresses, intersections, tax blocks or lots. Existing sidewalks in these business districts should never be changed. If a replacement of over 50% does not replace the sidewalk, the sidewalk will have pigmented concrete.
Request a NYC Sidewalk Reinspection
Before you can request a sidewalk reinspection, what is the condition of your sidewalk? Did you complete sidewalk repairs recently? Do you have proof?
Commonly, permits were previously applied for, but no one has records of this occurring.
When this happens, you’re going to need a permit of record to schedule an inspection.
Cost of NYC DOT Sidewalk Repairs
It’s always better to get several estimates from contractors to perform the work vs having the city do it for you and charge what they want.
For a better estimate of costs, divide the estimate of the space shown on the preliminary inspection reports by the cost per square foot on the sidewalk violation notice.
Depending upon the repair of driveways, use the 7-inch (7″) Concrete cost for this area, but otherwise use the 4-inch (4”) Concrete cost.
Ultimately, it might include additional repairs required to remove defects from the bill. If sidewalk flags are marked with “X’s” or X-rays, the New York City DOT can replace sidewalk flags for free.
Need a Contractor?
Fix Your Broken Sidewalk
Are Sidewalks Public Property In NYC?
Yes and no. If you’re going to obtain NYC DOT permits for the sidewalk, anything 3′ beyond the property line is considered “public space.”
However, NYC sidewalk violations are consistently issued to owners who don’t maintain “their property” as the sidewalk is adjacent to their home.
What is NYC Administrative Code 19-152?
NYC relies on property owners to maintain the sidewalk adjacent to their property, including repairs and removal of snow, ice, or debris. Property owners are responsible for installing, repairing, and maintaining sidewalks adjoining their properties.
Do You Need A Permit To Replace The Sidewalk In NYC?
Yes, NYC requires a permit to repair or replace a sidewalk.
Depending on the work done to the building, these permits can vary in description.
Sidewalk Repair
Sidewalk Replacement
Construct New Sidewalk (Builders Pavement Plan)
How Do I Find Out If I Have a Sidewalk Violation In NYC?
You will receive a notice of violation in the mail informing you of the defective conditions your sidewalk is under.
This report also includes a sketch of each defective condition for your whole sidewalk divided into separate concrete “flags” or “squares”.
Who Is Responsible For Fixing Sidewalks In NYC?
The homeowner is responsible for all sidewalk repair permits required.
Sidewalks must be maintained and free of patchwork, cracks, improper slopes, and trip hazards.
The homeowner is not responsible for the curb.
How Do I Find A Sidewalk Violation In NYC?
You may find sidewalk violations in a few ways:
Through a Title Search Company
County Clerk’s Office
How Do I Clear A Sidewalk Violation In NYC?
This typically requires the homeowner to hire a contractor to repair the sidewalk first.
If your sidewalk is free of defects, you may move forward with your request for a dismissal inspection.
Frequently Asked Questions
Final Thoughts
Whether you’re a new homeowner who inherited a sidewalk lien or have had one on your property for many years, they still require your attention.
In the case of trip hazards, it’s imperative that you get your sidewalk repaired as soon as possible or possibly have someone sue you if they trip in front of your property.
Jeffrey has extensive experience in getting NYC Sidewalk Violations Removed quickly. He has been servicing homeowners, architects and developers since 2004.
