In NYC, the local law requires property owners to construct, repair, and clean the sidewalk that remains situated in front as well as adjacent to their properties; including the intersection quadrant and pedestrian ramps for corner properties – In accordance with the Department of Transportation (DOT) specifications. In short, if you are a property owner in NYC, let it be residential or commercial, maintaining the sidewalk Infront of your property in terms of its appearance and bid quality remains a legal requirement for you. Otherwise, Sidewalk Violation Notice(s) may be issued.
Understanding Sidewalk Violations.
NYC’s DOT rules and regulations make property owners potentially liable for any personal injuries caused to the pedestrians or passers-by, as a result of their failure to maintain reasonably safe sidewalks. Therefore, for such sidewalks that are defective or not repaired for a long period of time, DOT has the authority to issue Sidewalk Violation notice.
Penalty and Time allocated for restoration.
Once the sidewalk violation notice gets issued for your property, there’s a time period of 75 days in which the property owner must make appropriate arrangements for sidewalk renovation. If the repairs are still not made to the property, even after 75 days, DOT possesses the legal right to hire a contractor on its own and get the sidewalk renovation work on your property done. However, the total cost of the sidewalk restoration project still gets billed directly to the property owner.
On the other hand, there isn’t any fine or penalty associated with a sidewalk violation NYC notice. However, it may complicate your way of refinancing your property or even selling it to another party.
Purpose of issuing a sidewalk violation notice.
The city of New York issues sidewalk violations to property owners in order to encourage them for keeping their sidewalks in good condition, hence enhancing public safety.
Types of Defective Sidewalks.
1. Damaged caused by tree roots.
Since cutting or shaving the roots of City-owned trees is strictly prohibited; if the problems caused to your sidewalk by tree roots, your property may be eligible for repair by the Department of Parks and Recreation (DPR) under their Tree and Sidewalks program, at no cost to you.
DPR also offers free consultations for property owners doing sidewalk renovation or building work around tree roots.
2. Defective curb.
For missing or defective curbs, property owners are usually encouraged for replacing the curbs on their sidewalk. However, DOT under their inspection and repair programs may or may not replace missing and defective curbs at no cost to you.
3. Problems caused by others.
If the problems or irregularities on your sidewalk are caused by a third party i.e. contractor doing construction work, accidents caused by passers-by, or a utility company conducting its routine work, you can file a claim against them in their companies’ respective departments and get the restoration work paid by them.
So, if your property gets issued a sidewalk violation notice, its high time that you make necessary arrangements for reliable repairing and avoid legal hassles later.