Hempstead, NY Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)
Key Facts
- Governing section
- Town Code § 181-1
- Notice minimum
- 48 hours (§ 181-6)
- Cost recovery
- Assessment on the lot (§ 181-10)
- Permit required for owner work
- § 181-5, Highway Dept.
- Unpermitted work penalty
- Up to $250 or 15 days (§ 181-16)
Summary
In the unincorporated Town of Hempstead, the Town Board can order abutting property owners to build or repair sidewalks and curbs at their own expense, and owners who ignore that order can be billed for Town-performed work plus an assessment on their land.
The Town Board may, from time to time, by resolution, require the construction or repair of sidewalks along streets, roads, highways and parkways in the Town of Hempstead, as well as the construction of sidewalks along state highways within the Town of Hempstead and the repair of sidewalks constructed by the state along state highways in the Town of Hempstead, at the expense of the abutting owners or otherwise...Whenever a notice or notices referred to in § 181-6 hereof has been or have been served upon such owner or owners...and such owner or owners...shall not cause the construction or repair to be made to the sidewalk as required by the notice, the appropriate Town department is hereby authorized and directed to cause the construction and repair to be made as required by the notice.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).
Full Breakdown
Town Code § 181-1 lets the Town Board, by resolution, require the construction or repair of sidewalks, curbs and gutters along streets, roads, highways and parkways in the Town, including sidewalks abutting state highways, at the expense of the abutting owner. Once the Board adopts an order under § 181-6, it must specify the place, manner and time for the work, giving the owner no less than 48 hours, and the Town Clerk serves the order by registered mail on the owner and occupant. Under § 181-7, if the owner or occupant fails to build, relay or repair the sidewalk as ordered, the appropriate Town department is authorized to do the work itself or hire a contractor and pay for it from Town-appropriated funds.
Any owner who does the work personally must first get a permit under § 181-5, filed with the Town Commissioner of the Highway Department; a state-highway sidewalk instead needs a permit from the State Department of Public Works' Highway Division. When the Town performs the repair, § 181-10 requires it to recoup the cost by assessing and collecting from the benefited lot, apportioned to the benefit conferred, collected the same way as other ad valorem Town charges. New sidewalks, curbs and gutters must be concrete and conform to lines and grades set by the Town Engineer under § 181-2.
Violations & Fines
Failure to comply with a Town Board repair order under § 181-6 triggers Town-performed repair under § 181-7, billed back to the owner through a lot assessment under § 181-10, not a fine. Doing unpermitted sidewalk work is separately punishable under § 181-16 by a fine up to $250 or up to 15 days' imprisonment, or both, per offense.
Frequently Asked Questions
Who pays to fix a broken sidewalk in the Town of Hempstead?
How much notice does the Town give before ordering sidewalk repair?
Do I need a permit to fix my own sidewalk?
Sources & Official References
Other rules in Hempstead
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