How to Clear a Sidewalk Lien?
Hi, our coop is refinancing and the title search discovered a sidewalk lien from 8/05. I never received the original notice, and can’t get much clarification from the nyc.gov DOT site, except that if you don’t fix the defect within 45 days of notice then DOT can send their own folks out and bill you….
Hi, our coop is refinancing and the title search discovered a sidewalk lien from 8/05. I never received the original notice, and can’t get much clarification from the nyc.gov DOT site, except that if you don’t fix the defect within 45 days of notice then DOT can send their own folks out and bill you. that apparently didn’t happen, as the lien is still sitting there. Any one have any idea how i can access the original notice that describes the defect etc.? and, how to deal with resurrecting this and then closing it?
thanks in advance!
Thanks for the advice. i wasn’t clear on something: i have no idea what the defect is. there are some cracks, but nothing i would consider a trip hazard. (and nyc has not replaced/repaired anything for the 7 years i’ve been here.) so i need to get the original notice to see what they flagged as a defect. i used the first link vinca provided to request information, hopefully this will help clear it up and then i can take the steps required.
Tybur6-If you actually read my post. You would see that it said “In order to do that you need to apply for a permit.” You get the permit from the DOT. How is that NOT coordinating with the city? I had the same issues, didn’t realize we had a notice and it turned into a lien.
This happened to me as well. Apparently the city had fixed the sidewalk for the whole block so they billed every property in 1995. The original owner of my brownstone was my mom who probably did not receive or inadvertently threw out the DOT bill. I had to go to Brooklyn’s Borough Hall building next to Brooklyn Law School (209 Joralemon St, Brooklyn, NY 11201) and pay up. It was about $800 or so.
Good Luck,
A.S.
Juno106 — it’s NOT “obvious” — If they fix the sidewalk at this point without actually coordinating with the City, then the city might magically appear and “repair” it a second time.
Then they are out $$ twice! Once for the repairs and once for the charges levied by the city.
Eliz is past the point of a notice… it’s now a lien with action being taken by the city (according to their own time frame) What has to happen is to STOP the city, make the repairs, then get an inspection… Can’t do steps 2 and 3 and skip 1.
You must obviously fix the defect. In order to do that you need to apply for a permit. As a homeowner you are allowed to file the permit yourself and do the repairs yourself. I’m not sure how that applies to a coop. Once the defect is fixed, then you contact the DOT and they will send someone out to inspect. Even if you have fixed the problem previously you NEED to file for a permit. The DOT are not very helpful or friendly. I went through this process only to have the DOT come inspect the fixed sidewalk the day after the Parks department broke up the sidewalk to put in a tree, and as you probably guess city agencies don’t talk to each other so I got a letter of unsatisfactory repairs.
In the end I finally just had my sidewalk redone and the contractor took care of dealing with the DOT and having them remove the lien.
Try this link for starters: http://tinyurl.com/m8nqkv
Sidewalk FAQ: http://www.nyc.gov/html/dot/html/faqs/sidewalkfaqs.shtml
Link to a DOT Sidewalk Management presentation, with transcript posted beneath:
http://www.slideshare.net/NYCDOT/sidewalkmanagementpresentation031909
Full text of NYC Administrative Code 19-152, Duties and obligations of property owner with respect to sidewalks and lots:
http://www.nyc.gov/html/dot/html/sidewalks/19-152.shtml
Call your local Community Board. They should be able to give you correct information about who to contact and how to have it removed.