Got a Chicago Sidewalk Violation Notice? Next Steps

If a Chicago sidewalk violation notice is in your hand, do three things this week. Read the date and the place on it. Find out which City office issued it. Then get the sidewalk looked at by a contractor, because proof that it is fixed is what matters if you end up in front of a hearing officer.

Ignoring the notice is the one move that makes everything worse. A default judgment can be used to place a lien on the property, garnish wages and affect credit (City of Chicago). The rest of this article walks through what the notice says and what to do about it. It is not legal advice. Hearings and liens are legal matters, so talk to an attorney if the stakes are high.

What does the notice say?

The City's own guidance says a Notice of Violation generally tells you the alleged violation, the date, time and place it occurred, and your options. Those options are mail-in payment where eligible, a mandatory appearance, or how to request a hearing. If it says you must appear, it states the date, time and place (Department of Administrative Hearings).

Read it for:

• The issuing department. Questions about why you were cited go to the department that issued the notice, not to the hearing office, which does not investigate, file or prosecute cases (Department of Administrative Hearings).
• The address and the location of the condition. Is it the sidewalk in front of your building, a section at the corner, or the apron of a driveway?
• The date. Any hearing or appearance date is the one that matters. Put it on your calendar now.
• The condition described. Trip hazard, cracked or broken slab, a section that has heaved or sunk. This is what has to be fixed.

If you are not sure what you are holding, call the number on the notice or 311 and ask which department issued it and what the options are.

How long do you have to fix the sidewalk?

We found no general "fix it within X days" rule in the City's pages. The notice itself states what applies to you, so go by the notice.

What the City does say, for building cases, is that in non-emergency situations the hearing date cannot be less than 30 days after the inspector reports the violation (City of Chicago). That is a floor for the hearing date, not a promise of 30 days to finish a repair. Do not treat it as a deadline for the contractor. Treat the date on your notice as the date that counts, and work backward from it.

A DOB supervisor sets the enforcement level for a building case. A "20" notice is a maintenance warning, a "50" notice is a non-dangerous life safety issue that goes to Administrative Hearings, and an "80" notice is dangerous and hazardous and goes to Circuit Court (City of Chicago). If your notice carries one of those numbers, it tells you how serious the City considers it. Sidewalk notices can also come through other City departments, so check which office sent yours.

Who is responsible for the sidewalk?

We cannot answer that from an official City page. We did not find a page that states the legal responsibility rule in plain words, and the Shared Cost Sidewalk Program page does not state it either (CDOT). The notice names an owner, and in Administrative Hearings the title typically names only the legal title holder and others in control (City of Chicago). If you rent out the building, or the sidewalk is in front of a shared or commercial property, that matters.

If you want a definite answer for your case, ask the issuing department, or ask an attorney. Our article on who pays for a broken Chicago sidewalk lays out what is and is not confirmed.

What are the steps?

1. Calendar the date. Hearing date, appearance date, mail-in deadline. Whatever the notice lists.
2. Photograph the sidewalk. Take wide and close photos, with a tape or a coin for scale. Date them. These are your before photos.
3. Find the issuing department and read the options on the notice.
4. Get a contractor to look at it. Ask what the actual condition is, whether it can be repaired or has to be replaced, and who pulls the permit.
5. Get the permit in order. Work in the public way, meaning the sidewalk, curb, alley or parkway, needs a CDOT permit separate from a Department of Buildings permit (City of Chicago).
6. Do the work and keep records. Permit, invoices, after photos.
7. Bring proof to the hearing or the follow-up. More on that below.

Can the sidewalk be repaired, or does it need to be replaced?

It depends on the condition. A raised edge that creates a trip hazard is a different job from a slab that has cracked through and sunk. For the first, see sidewalk trip hazards and grinding. For the general question, see fix it, replace it, or wait.

A few points that apply either way:

• A mason license is not required for brick or concrete sidewalks or concrete paving (City of Chicago). Hire a contractor who works in the public way regularly and knows the permit.
• A City program is no shortcut for a deadline. The Shared Cost Sidewalk Program is voluntary. Applications go through 311 once a year, it is first come and first served, funds are limited, and you reapply every year. CDOT surveys the property, decides the scope and then invoices (CDOT). Owners pay a per-square-foot rate set by the City, and only the portion CDOT judges in need of replacement gets program pricing (CDOT). Read Chicago's Shared Cost Sidewalk Program, explained before you count on it. Confirm the current dates and rules with CDOT.

What happens at the hearing?

If your notice goes to a hearing, here is what the City says about the process, in short:

• The hearing officer is a licensed Illinois attorney. It is a civil proceeding. The City must prove the violation by a preponderance of the evidence. You can represent yourself, hire a lawyer, or in some cases use an authorized representative (City of Chicago).
• Defenses include that the violation did not exist at inspection, that it has been remedied or removed by the time of the hearing, that occupants caused it despite reasonable owner efforts, or that an occupant refused the owner entry to fix it (City of Chicago).
• The City alleges the violation existed on the inspection date. Fixing it afterward is not an automatic dismissal, but the hearing is your chance to show proof of correction (City of Chicago). A case can end in nonsuit when the owner has timely provided proof the violations are fixed (City of Chicago).
• If liability is found and you have begun correcting, the officer may hold a separate fines hearing within 30 days (longer for good cause) and may order a reinspection first (City of Chicago).

That is why the permit, invoice and after photos matter. They are your proof.

What drives the cost of fixing the sidewalk?

We will not quote a number here. These are the drivers:

• How many panels are cracked, sunk or lifted, and how far the damage runs.
• Whether grinding fixes the trip hazard or panels must come out.
• Whether tree roots, drainage or soil problems caused it, because the cause has to be dealt with.
• The public way permit, and staging if material or a dumpster has to sit on the street or sidewalk.
• Corner lots, which have two sides.

If you are the owner of a primary residence of three stories or fewer and six units or fewer, you may also be able to act as your own contractor on one property per calendar year (City of Chicago).

Got a notice? Our concrete crew can look at the sidewalk, tell you what repair it needs, and handle the permit paperwork. For the full picture on sidewalks and concrete, see the Chicago concrete and sidewalk guide.

Common questions

This article explains general rules and common situations in Chicago. It is not legal advice, and City rules change. For a specific property, check with the Chicago Department of Buildings or a licensed professional.