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Real Estate
L: Jeremy Walker speaking about botched sidewalks, R: Sidewalk in repair FOX23 News Tulsa/ YouTube

'How is this my responsibility?' Tulsa homeowners may be responsible for fixing botched sidewalks — neglecting the repairs could land them in prison

In Tulsa, one homeowner was told he was responsible for repairing the sidewalk outside of his house — or face a hefty fine or a prison sentence.

Jeremy Walker received a notice of violation stating that he had to either repair the sidewalk outside his midtown home within 14 days or else face a fine of up to $1,200, imprisonment or both.

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“I was like, how is this my responsibility?” Walker told FOX23 Investigative Reporter Janna Clark of the buckling sidewalk, which he says is the result of a large tree. “I didn’t understand … We pay the city.”

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He repeatedly tried reaching out to the city via both phone calls and emails to get answers to no avail. After two days, he went down to the City Hall, where he was told, point blank, that he’d need to remove the tree.

He told FOX23 that he was also told he could potentially be responsible for replacing the entire stretch of sidewalk, not just the section surrounding the tree. Moreover, he’d need to obtain a $700 permit — which could take 60 to 90 days, long after his 14-day deadline would pass — before making any repairs.

Are sidewalks the responsibility of the city or homeowners?

Clark reviewed Tulsa city code and found that, indeed, sidewalks, walkways, stairs and driveways that serve private properties tend to be the responsibilities of the owners of those properties. They’re in charge of maintaining and repairing them.

“All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions,” according to the City of Tulsa’s Rehabilitation Standards.

But the City of Tulsa reportedly told FOX23 that the 14-day compliance period is a “standard timeline” that’s used to encourage property owners to take action. As long as the city can see that a homeowner is doing just that, “that’s all [they] ask for,” the city said.

Nevertheless, Walker spent three days replacing the damaged sidewalk himself, removing the concrete and tree roots, and pouring and shaping fresh concrete around the tree — an endeavor that cost him an estimated $1,200 to $1,500 — sans permit due to concerns about the tight timeline. Fortunately, a city inspector approved it.

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What to do if your sidewalks need care

A cracked or uneven sidewalk may look like the city’s problem, but in many U.S. communities, like Tulsa, the responsibility falls on the property owner whose land borders the sidewalk. The rules, however, vary considerably by city and state.

In New York City, for example, property owners generally must install, repair and maintain the sidewalk adjoining their property — even though the sidewalks themselves are owned by the city. And, if the Department of Transportation finds a hazardous condition, it can issue a sidewalk violation. Owners generally have 75 days to make the repair; if they don’t, the city can arrange the work and bill the owner, potentially placing a lien on the property.

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Dallas takes a similarly strict approach. City code says an abutting property owner must repair a defective, unsafe or hazardous sidewalk at their own expense. After receiving written notice, an owner generally has 15 days to begin repairs and 30 days to complete them. Failing to comply is classified as an offense.

But this isn’t a universal rule. Some cities assume more responsibility for sidewalks, while others divide maintenance duties between municipalities and adjacent property owners.

Homeowners shouldn’t assume that a sidewalk is automatically the city’s responsibility simply because it’s in the public right-of-way. It’s important to search your local municipal code or transportation department’s rules to know exactly what you’re responsible for (or if you’re off the hook) — and how long you may have to fix any repairs you are indeed expected to foot.

It’s also a good idea to regularly inspect the sidewalk bordering your property for cracks, holes, raised sections and other trip hazards. And, if you receive a violation notice, don’t ignore it: Note the deadline, contact the appropriate city department, obtain any necessary permits and arrange repairs with a properly licensed contractor if required. Keep records and photographs showing that you’ve addressed the problem.

While jail generally isn’t the typical consequence for an ordinary sidewalk defect, ignoring a municipal order can potentially become an offense in some jurisdictions.

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AnnaMarie Houlis Weekend Editor

AnnaMarie Houlis is a journalist and author with more than 15 years of experience, thousands of bylines and four books covering everything from travel, lifestyle and wellness to finance, technology and business.

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