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There are two kinds of sidewalks: Sidewalks and money pits. You might be familiar with the first type, since its—well—just a plain old sidewalk. But if you’re a building owner or in charge of maintaining adequate flooring, you might quickly find yourself dealing with the second type.
Sidewalk Violations in NYC
The Department of Transportation (DOT) is in charge of most things that have to do with roads and travel, which includes sidewalks. The DOT conducts routine inspections of buildings, storefronts, and other locales in order to ensure that their sidewalks—among other things—are up to code.
If yours fits into one of the categories of sidewalk defects listed in the next section of this article, you could fail that inspection.
According to the DOT’s website, “A sidewalk violation is an official notice issued by DOT stating that your sidewalk is defective.” You will not be fined for a sidewalk violation, but you may be required to hire a contractor. If you don’t repair your sidewalk, the DOT might do so for you—for a price. When finished, they’ll send you the bill.
What Is Considered a Sidewalk Defect in NYC
Sidewalk violations can come in any number of shapes and sizes ranging from minor angles to major collapses. If your sidewalk falls into one of these categories or any variation thereof, you could be in for a hefty bill, not to mention a potential slip and fall lawsuit. Here are six kinds of sidewalk violations in NYC:
Collapsed Sidewalk
If your sidewalk falls, dips, or otherwise breaks down, you could be guilty of failing to repair a collapsed sidewalk. This problem usually only happens on raised sidewalks, such as staircases or ramps. It’s hard for something to collapse if it’s flat on the ground, after all.
However, whether your sidewalk fits the normal laws of physics or not doesn’t matter. What matters is whether it fits the definition of the word “collapsed.”
Trip Hazard
This sidewalk violation comes up when your sidewalk is not properly leveled. For example, if one section of the sidewalk has a “lip,” a slight raise, large enough to cause people to trip or stumble, that’s a violation.
Contractors often fix this problem by laying grout in a slight slope to bridge the gap and make for a smoother walkway. Doing so can resolve the trip hazard defect, but doing so improperly can result in the creation of a new defect: improper slope. We’ll talk more about that later.
Hardware Trip Hazard
This is similar to normal trip hazards but caused by physical objects or hardware protruding from the sidewalk. Oftentimes, this is from leftover construction materials or pieces of old equipment exposed over time by weathering and erosion. Either way, it is an illegal defect and can result in your sidewalk failing a DOT inspection.
Tree Roots
If you planted a tree too close to the sidewalk, you could soon find roots ripping up, tearing, and “reclaiming” your sidewalk. That’s a sidewalk violation in NYC. Of course, good luck finding trees in the city!
Improper Slope
When it rains, it pours. And, if the rain rushes down your sidewalk like a river, it might be an improper slope. Make sure your sidewalk is as level as possible, using the proper slope or stairs when necessary.
Patchwork
Sidewalks need to be free from potholes and other defects. Failure to maintain proper sidewalk patches can result in your building failing a DOT inspection.
Who Is Responsible for Sidewalk Repair in NYC?
The building owner, or whoever owns the sidewalk, is responsible for the repair and maintenance of that sidewalk. The DOT frequently inspects sidewalks around the city as part of building and road inspections. If your sidewalk is not up to code, you might fail your inspection.
Correcting a Sidewalk Violation
If your sidewalk is not up to code, you’ll have to correct it. How you correct each violation depends on the nature of the violation. Just like how nobody has the same fingerprints, no two sidewalks crack the same way.
That being said, skilled contractors tend to have years of experience resolving sidewalk violations and other construction-related problems. Whether what you need is somebody to remove a tree, fill some cracks, or entirely replace the sidewalk, a contractor is who to call.
How Long Do You Have to Correct It?
That depends on how bad your sidewalk is. In most cases, you’ll have up to 75 days to repair your sidewalk and get it back up to code. That includes anything adjacent to your property, wheelchair onramps, and in the intersection.
In emergency situations, you’ll only have 10 days to correct the sidewalk violation. Emergency sidewalk violations are for things like a collapsed or totally impassable sidewalk. If people have to step across treacherous sidewalks or out in the street to bypass a broken section, you can be hit with an emergency sidewalk violation.
Failure to comply with the DOT’s requirements can have serious consequences.
What Happens If You Don’t Correct It?
Failure to correct a sidewalk violation can result in the DOT correcting it for you and sending you the bill. You will then have to pay the DOT for the repairs whether you wanted it done or not. Having this sidewalk violation on your record can also make it difficult to find commercial tenants or sell the building.
Requesting a Dismissal
There are two prominent ways to get your sidewalk violation dismissed: the incorrect owner defense and the re-inspection defense.
If you are not the actual owner of the building, then you are not the right person for the DOT to talk to. That means you won’t be held liable for the repairs. Your case may be dismissed so that the violation can be handed off to somebody else.
If you inspect your own property and believe the inspector to be in error, you can request a re-inspection. If the new inspection proves that there is no violation, then your case may be dismissed.
Can Someone Sue You If They Slip on Your Sidewalk?
Yes, someone can sue you if they slip on your sidewalk in NYC. The city requires all building owners to maintain proper sidewalks in accordance with building codes.
The DOT’s website explicitly states: “Section 7-210 of the New York City Administrative Code makes property owners potentially liable for personal injuries caused by their failure to maintain reasonably safe sidewalks.”
If you believe your sidewalk is not up to code, you best stop reading blog articles and get cracking on resolving those cracks!
