Thursday, July 4, 2013

Property liens for sidewalks damaged by street trees


From Bayside Patch:

State Sen. Tony Avella, D-Bayside, joined Little Neck residents on Thursday to protest the city’s policy of placing a non-monetary lien on several local properties that had received sidewalk violations for damages for which they were not responsible.

Several Little Neck residents were handed violations a few months ago that they felt were unfair since the majority of the damages are small cracks that are in line with cracks on the streets and uplifts caused by city tree roots.

While the residents are not personally responsible for any of the damages, a non-monetary lien will still be placed on any property with a sidewalk violation, which will come up on a title search of that property, Avella said.

The lien is removed once the condition is corrected either by the city or the homeowner. But if the homeowner is selling the property, they would likely have to put extra money in escrow prior to the closing to compensate the buyer for any potential repair cost for an outstanding violation.

“What the city is doing here is simply unacceptable,” Avella said. “Most of the small deficiencies in these sidewalks are being caused by city property, whether it is a city tree or street. Yet the city feels the need to not only sock these homeowners with violations, but to also place a non-monetary lien on their property.”

Avella said the rule seemed like an attempt by the city to skirt its responsibilities by pressuring homeowners into repairing the sidewalk, even though they are not responsible for the damages.

4 comments:

Anonymous said...

This is the almost complete opposite of what's happening in my area, North Flushing. The city may issue non~monetary violation for missing or badly damaged sidewalks and never follow and follow~up on there rules of after 30 days its not corrected by property owner city hitres a contractor to correct it and then bill the owner. Also, the Dept of Bldgs does not seem to do anything about illegal curb cuts, etc. So what's the point of these laws?

Anonymous said...

So what's the point of these laws?

Plenty.

Photo ops and a short memory by the public and ice cream money to serve coffee at your civic meetings to secure your vote.

Next question.

Anonymous said...

Trees over time rip up the sidewalk and it should be the city that should pay. I can't even get 311 to trim this overgrown tree we which had a limb fall onto my property. Few more feet and it would of smashed through the windows. City came by and did a minor trim after months passed.

Anonymous said...

The City planted these trees and make it expensive for the homeowners to resolve these matters. It's cynical and lucrative.