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.