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Irondequoit, NY Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Responsible party
Owner or occupant of land along the sidewalk (§ 198-7A)
Town maintenance duty
None created by approving construction (§ 198-7D)
Hazardous sidewalk
1 1/2 inch elevation difference or a tripping hazard
Lateral grade
At least 1/8 inch and not over 1/2 inch per foot
Penalty
Class B violation under § 198-13
Notice to the Town
48 hours' written notice to Town Clerk or Commissioner (§ 198-14)

Summary

In the Town of Irondequoit, New York, the owner or occupant of land along a sidewalk must keep and maintain that sidewalk in proper repair under § 198-7. Town approval of sidewalk construction does not put the maintenance duty on the Town, so it stays with the abutting property owner. The code defines a hazardous sidewalk by a 1 1/2 inch elevation difference or a tripping hazard.

A. Duty of owner or occupant. ... Each owner or occupant of lands situated along a sidewalk within the bounds of any street or highway shall keep and maintain such sidewalk in proper repair. ... D. Abutting property owners to be responsible for maintenance. Approval of sidewalk construction by the Town Commissioner of Public Works/Superintendent of Highways shall not be construed to impose any duty upon such Town Commissioner of Public Works/Superintendent of Highways or upon the Town of Irondequoit to maintain such sidewalks, but such sidewalks shall be maintained by the abutting property owner or owners. ... HAZARDOUS SIDEWALK A sidewalk in which there is a difference in elevation of 1 1/2 inch between a joint or a crack, in the slab or between slabs, or that a portion of a sidewalk is so badly spalled, broken or deteriorated as to present a tripping hazard.

Full Breakdown

Section 198-7 of the Town of Irondequoit Code puts sidewalk upkeep on the people who live next to the sidewalk. Subsection A makes each owner or occupant of lands situated along a sidewalk within the bounds of any street or highway responsible for keeping and maintaining it in proper repair. Subsection D adds that approval of sidewalk construction by the Town Commissioner of Public Works/Superintendent of Highways does not impose any duty on the Commissioner or on the Town of Irondequoit to maintain the sidewalk. It stays with the abutting property owner or owners.

Construction standards sit in the same section. Under subsection B, no sidewalk can be built within the bounds of a highway unless the Commissioner approves its design, construction and grade. Subsection C sets lateral grades at no less than 1/8 inch per foot and no more than 1/2 inch per foot, bars construction that interferes with the established gutter line or sends additional water onto private property, and requires warning devices, including barriers and warning lights, on any obstruction or grade over 1/2 inch per foot while work is in progress.

Subsection E, added 7-18-2000 by L.L. No. 4-2000, defines what counts as defective. A hazardous sidewalk has a 1 1/2 inch difference in elevation between a joint or a crack, or is so badly spalled, broken or deteriorated as to present a tripping hazard. Cracked slabs include those with a difference of elevation of 1/2 inch or greater, more than one crack in a slab, or longitudinal cracks of 1/2 inch or wider. Spalled slabs have surface irregularities greater than 1/2 inch in depth over more than 1/4 of the slab. A settled walk has settlement of 1 1/2 inches or more over a ten-foot span, but it is not treated as a problem if there is drainage out of the settled area. Where tree roots heave a walk 1 1/2 inches or more, the code calls for the walk to be removed, the roots cut and the slabs replaced; heaves under 1 1/2 inches can get a temporary asphalt wedge. Asphalt or cement shims are temporary repairs with periodic inspections.

Violations & Fines

A violation of Article I of Chapter 198 is a Class B violation, punishable as provided in § 1-16 of the Town Code (§ 198-13). Liability is also affected: under § 198-14, no civil action lies against the Town or its Commissioner of Public Works/Superintendent of Highways over a defective, out of repair, unsafe or obstructed sidewalk unless 48 hours' written notice was actually given to the Town Clerk or the Commissioner and the Town failed to act within a reasonable time.

Frequently Asked Questions

Who fixes the sidewalk in front of my house in the Town of Irondequoit?
You do, if you own or occupy the land along it. Section 198-7A requires each owner or occupant of lands situated along a sidewalk to keep and maintain it in proper repair. Subsection D says Town approval of sidewalk construction creates no Town duty to maintain it, and that the abutting property owner or owners maintain it.
What counts as a hazardous sidewalk?
Section 198-7E defines it as a sidewalk with a difference in elevation of 1 1/2 inch between a joint or a crack, in the slab or between slabs, or a portion so badly spalled, broken or deteriorated as to present a tripping hazard. The existing surface is used to decide whether a sidewalk is hazardous.
What happens when tree roots lift a sidewalk slab?
The definition of heaved walk at trees covers slabs heaved 1 1/2 inches or more by tree roots. The walk is removed, the roots are cut and the removed slabs are replaced, with slabs arched around larger trees as needed to protect the tree. Slabs heaved less than 1 1/2 inches can get a temporary asphalt wedge at the offset joint.
Can someone sue the Town over a bad sidewalk?
Section 198-14 bars a civil action against the Town or its Commissioner of Public Works/Superintendent of Highways over a defective sidewalk unless 48 hours' written notice was actually given to the Town Clerk or the Commissioner and the Town failed or neglected to repair within a reasonable time. A similar 48-hour notice rule applies to snow or ice.

Sources & Official References

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