property owners when conducting re-inspections. This
is your final inspection. The results of the re-inspection
will be mailed to you.
8. Does every flag marked with a number on the
PIR have to be replaced?
Yes, the flags that are marked with numbers on the
PIR will need to be replaced; and any defects must be
corrected. In addition, it is recommended that any free-
standing flags (marked as 6B on the PIR) be replaced.
Free-standing flags are flags that become unattached due
to necessary replacement of the adjacent defective flags.
9. What should I do once I receive a violation?
DOT recom mends the following:
• Hire a contractor who is familiar with DOT specifications
for sidewalk repair work as contained in Chapter 2
of Title 34 of the Rules of the City of New York.
• Once you have chosen a contractor, check to see
whether your contractor is licensed and whether there
are any consumer complaints pending against them.
• Once you have hired a contractor, make sure they
obtain all necessary permits before beginning the work.
• If you choose to do the work yourself, then you must
follow all DOT Specifications and also take out a permit.
Call 311 and request information regarding a
“Sidewalk Construction Permit.”
• After the work is completed, call 311 and request
“Sidewalk Violation Dismissal Request - Work Done
by Owner.” An inspector will come to verify that the
work has been satisfactorily completed.
10. How much does a sidewalk permit cost?
Currently, the price of a permit to repair your sidewalk is
$70 for every 300 linear feet of sidewalk for any one
property. The price of the permit covers the administra-
tive cost of the permit as well as the cost of sending out
an inspector to perform a dismissal inspection.
11. I received the notice of violation later than
the date shown on the violation, when do my
75 days start?
The 75 days begin when the violation is received by
the property owner as indicated on the certified mail
receipt. In cases where the violation notice is not
2. What is a sidewalk violation?
A sidewalk violation is an official notice issued by DOT
stating that your sidewalk is defective. There is no fine
associated with a violation. A copy of the notice is filed
with the County Clerk and remains on file until the Clerk
receives official notification from the City that satisfac-
tory repairs have been made. A violation can complicate
selling or refinancing your property.
3. Why does the City issue sidewalk violations?
The City issues sidewalk violations in order to encour-
age property owners to repair their sidewalks to
enhance public safety.
4. Why was my property inspected?
DOT determines which properties should be inspected
based on specific criteria, including blocks where injuries
were reported to the City or where complaints were filed.
Violations are issued in every neighborhood in the City.
5. I received a violation but it is not my property,
what should I do?
Violations may occasionally be issued to an incorrect
property. Match the Preliminary Inspection Report
(PIR) with your property. Is it the same width? Does
it match the dimensions of your property? Are there
trees, signs, utility caps, cellar doors or other unique
features? If it still appears that it is not your property,
call 311 and ask for “Sidewalk Violation Search” in
order to check if the Violation was issued correctly.
6. I received a violation, but I don’t agree with it,
what can I do?
If you look at your property and don’t agree with the
marked defects, you may request a re-inspection
within 75 days of receiving a Notice of Violation.
For a re-inspection, call 311 and ask for “Dispute
New Sidewalk Violation - Re-Inspection Request.”
7. What is a re-inspection?
A re-inspection is a second inspection of the sidewalk
by a different inspector who does not have access to
the PIR. You will be notified by mail, at least five days
before the re-inspection date. Inspectors will not come
to your door as they are prohibited from seeking out
delivered by certified mail, the violation will be mailed
via regular mail as well as posted on the property. The
posting date is the start of the 75 days.
12. If I don’t do anything within 75 days of receipt
of the violation, what will happen?
If you don’t start the work within 75 days, the City may
perform the work or cause the work to be performed by
one of its contractors, and bill you for the cost. There is
no fine or penalty associated with a sidewalk violation.
13. I got the violation in the winter and I want to
do the work privately, do I have to get the work
started within 75 days?
Yes. A contractor should be scheduled to begin repairs
as soon as the weather permits.
14. If I take out a permit, does it give me an extension?
No. A sidewalk permit does not extend the 75 day period
to start repairs. If you want to repair your sidewalk pri-
1. What is a sidewalk defect?
According to section 19-152 of the NYC Administrative
Code, any of the following shall be considered a defect
which would result in a violation:
• One or more flag(s) (i.e. square of sidewalk) missing or
a sidewalk was never built.
• One or more flag(s) cracked to such an extent that one or
more pieces of flag(s) may be loosened or readily removed.
For example, sidewalk flags with full-depth cracks that
extend from joint to joint, and are 1/4” wide or greater.
• An undermined flag below which there is a visible void
or a loose flag that rocks or seesaws.
• A trip hazard, where the vertical surface differences
between adjacent sidewalk flags are greater than or
equal to 1/2” or where a sidewalk flag contains one or
more surface defects of 1” or greater in all horizontal
directions and is 1/2” or more in depth.
• Improper slope, which shall mean (i) flag(s) that do not
drain toward the curb and retain water, (ii) flag(s) that
must be replaced to provide for adequate drainage or
(iii) a cross slope exceeding established standards.
• Hardware defects, which shall mean (i) hardware not
flush within 1/2” of the sidewalk surface or (ii) cellar
doors that deflect greater than 1” when walked on, are
not skid resistant or are otherwise in a dangerous or
unsafe condition.
• Defects involving structural integrity, which shall
mean a flag that has a common joint (not an expansion
joint) with a defective flag, and that has a surface
crack that meets from one joint to another joint.
• Non-compliance with DOT specifications for
sidewalk construction.
• Patchwork, which shall mean (i) less than full-depth
repairs to all or part of the surface area broken, cracked
or chipped flag(s) or (ii) flag(s) which are partially or
wholly constructed with asphalt or other unapproved
non-concrete material.
vately, you or your contractor must take out a permit and
begin the repairs within 75 days of receipt of the violation.
15. What happens if the City makes the repairs?
After all defects have been repaired, the City will notify
the County Clerk to remove the violation from your
property. DOF will then issue you a bill for the work and
a monetary lien will be placed against your property.
You have 90 days to pay the bill before interest accrues.
16. How much will it cost to fix my property if
the City does the work?
To calculate the estimated cost, multiply the estimated
square footage shown on the PIR by the cost per square
foot shown on the letter that came with the Notice of
Violation. If any of the area to be repaired is a driveway,
use the 7” concrete cost for that area, otherwise use the
cost of 4” concrete. However, this is just an estimate.
The final bill may reflect additional repairs required to
bring the sidewalk up to DOT standard specifications.
Q&A to Common Sidewalk Violations:
NYCDOT
(New York City Department of Transportation) has a Sidewalk Repair Program that
replaces more than 2 million square feet of sidewalk a year. DOT’s Sidewalk Repair
Program focuses most of its work on City-owned property and in neighborhoods with predominately 1, 2, and
3 family homes. Despite the large scale of this program, this amounts to less than 1% of the City’s total sidewalk
area a year. DOT relies on property owners to maintain the rest of the sidewalks.
New York City law requires property owners to, at their own cost, install, construct, reconstruct, repave and
repair the sidewalk adjacent to their properties, including the intersection quadrant and pedestrian ramps for
corner properties, in accordance with DOT specifications. Section 7-210 of the NYC Administrative Code
makes property owners potentially liable for personal injuries caused by their failure to maintain reasonably
safe sidewalks. Property owners must keep their sidewalks clean and are also responsible for snow removal.
Property owners are encouraged to perform repairs to their sidewalks before a condition becomes a
defect which would give rise to a violation.
Upon failure of a property owner to install, construct, repave, reconstruct or repair the sidewalk pursuant to a
Notice of Violation issued by DOT after an inspection, DOT may perform the work or hire a contractor to perform
the work and the Department of Finance (DOF) will bill the property owner pursuant to Section 19-152 of
the NYC Administrative Code.
You may also call 311 and request “DDC Project
Inquiries and Complaints” to check whether the
contractor is working on an active City project.
If there is no active project and you don’t know who
did the damage, you can request a search of permits
issued on your property for a small fee. All permit
search requests must be made in writing to:
NYC Department of Transportation
Office of Litigation Services
Freedom of Information Law Unit (FOIL)
55 Water Street – 6th floor, NY, NY 10041
Please provide a timeframe, the location and any other
relevant details.
C
laims against utility companies (Con Edison, National
Grid, etc.) should be filed with their respective claims
department.
Claims for damage allegedly done by a City contractor
should be filed with the Office of the Comptroller
within 90 days of the damage. For more information,
call 311 and ask to “File a Claim Against the City.”
25. What if the City’s contractor causes damage
to my sidewalk during the project?
If the City contractor causes damage to other sidewalk,
through its own negligence, the contractor must make
the repairs at no cost to you.
Please contact the DDC borough office by calling 311
and asking for “DDC Project Inquiries and Complaints.”
Claims for damage allegedly done by the City should be
filed with the Office of the Comptroller within 90 days
of the damage. For more information, call 311 and ask
to “File a Claim Against the City.”
26. My property is in a Landmark or Historic
District. Will the City fix it for me?
If your sidewalk is constructed with a special material,
it is unlikely that the City will make any repairs. If your
sidewalk is constructed with concrete, the City may
make repairs or replacement with concrete. If you do
the work privately, you must obtain a permit from the
Landmarks Preservation Commission. For more
information, call 311 and request a “Landmark
Building Alteration Permit.”
27. Does the new violation take the place of past
sidewalk violations on my property?
Yes. This new Notice of Violation supersedes all
previous notices of sidewalk violation.
28. If the City performs the work, how do I appeal
the quality of work, the amount of work that was
done or the accuracy of the measurements used
to calculate my bill?
The first step in each of these cases is to write to the
DDC borough office. (For Manhattan: Department of
Design and Construction, Construction Borough Office
40 Worth St - 8th floor, New York, NY 10013
For all other boroughs: 30-30 Thompson Avenue
3rd floor, Long Island City, NY 11101)
You should specifically state the nature of the disagree-
ment. All appeals to the DDC borough construction
offices must be in writing. Telephone calls and per-
sonal visits will not be considered appeals. If you are
not satisfied with the response, your next step is to
file a Notice of Claim with the Office of the Comptroller.
This notice must be filed within one year from receipt
of the notice of account (bill). If the Comptroller’s Office
does not find in your favor, you may file a Petition of
Appeal at the New York State Supreme Court, Small
Claims Assessment Review Part. The petition forms
will be provided to you upon request, at no cost, by
the County Clerk’s office. There is a $30 filing fee. To
be eligible, you must allege that at least 30 days have
passed since the Notice of Claim was presented to the
Office of the Comptroller and that they did not make
a determination or they denied the claim. Please note
that all of the above procedures must be followed in
the exact order outlined above.
5/2018
property owner know if the sidewalk is eligible for repair
under their Trees and Sidewalks Program. To repair
the sidewalk using a private contractor, you should hire
a licensed contractor who will obtain a work permit
from DOT. DPR can assist you and your contractor
with repairs to sidewalks around street trees free of
charge. This work must be coordinated with DPR by
calling 311 and requesting a “Root and Sidewalk
Consultation.” Please note that no street tree roots
can be cut without written permission from DPR.
If you have received a Notice of Violation from DOT
and the City repairs the sidewalk, the property owner
will not be charged for the tree damaged flags as they
are non-assessable.
23. My sidewalk has a vault or other structure
underneath it. Will the City fix it for me?
No. The property owner is responsible for making the
repairs. Fixing a sidewalk over a vault may require con-
siderable structural work. If the defective portion of
your sidewalk is over a vault, you must fix it privately.
24. My sidewalk was damaged by a utility company
or other contractor. Do I have to pay for the repairs?
First, you should document your claim (photos, letters,
etc.)
and try to get the company who d id the damage
to fix it.
If there is a current, active project on the street or
sidewalk you may call 311 and request “Status of
Active Street or Sidewalk Construction Permits”
in order to find out which company is performing work
and may have caused the damage. (Alternatively, this
information is available on DOT’s website.)
17. If the City does the work, do I have to pay for
all of the flags that are replaced?
You are only responsible for the defective flags that are
replaced. If any flag on your PIR is marked with an “X”,
the flag may qualify for replacement free of charge.
18. Is it possible to pay the City on a Payment Plan?
If you wish to request a payment plan for a sidewalk
repair being billed to you by DOF, you may do so at
any one of the Finance Business Centers. For more
information, call 311 and request “Sidewalk Repair
Payment Plan.”
19. Will I get any notice before the City’s contractor
arrives to perform the work?
No. You will receive no formal notification. A consultant
or representative of the City will photograph your side -
walk to document the condition before construction.
They will mark the flags that must be replaced and then
continue on to perform the work required.
20. My sidewalk is not an ordinary concrete
sidewalk. Will the City replace it for me?
If your sidewalk is made of granite, slate, brick or some
other non-concrete material and/or does not have 5’x5’
scoring, your sidewalk is considered to be distinctive.
The installation of a distinctive sidewalk must comply
with all relevant rules, including obtaining approvals
from DOT and the Public Design Commission of the
City of New York. If you want to replace the distinctive
sidewalk with the same material you must make ar-
rangements to repair it privately.
21. My curb is missing or defective.
Property owners are encouraged to repair or replace
missing or defective curb. DOT may repair or replace
missing and defective curb at no cost to you.
22. Tree roots pushed up my sidewalk, what
should I do?
If your sidewalk problems are caused by tree roots,
call 311 and request an inspection by asking for the
“Trees and Sidewalks Program.” The Department of
Parks and Recreation (DPR) will receive the request
and arrange for a tree inspection. DPR will let the
Tree roots breaking through sidewalk.
Sidewalk repair and expansion of tree pit to accommodate
tree root growth.
Sidewalk and
Inspection Management
55 Water Street, 12th floor
New York, NY 10041
Translated versions of this document
are available by contacting 311
N
YC
A Property Owner’s Guide
To Address Sidewalk Defects
Sidewalks
