Amherst, N.Y., Code of Ordinances ch. 151 (eCode360 ed. 2026) § 151-55
Emergency measures
Operative Text
A. Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This structure is unsafe and its occupancy has been prohibited by the code official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. B. Temporary safeguards. Notwithstanding other provisions of this article, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding-up of openings, to render such structure temporarily safe, whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. C. Closing streets. When necessary for the public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. D. Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. E. Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the Town of Amherst. The code official of the Town of Amherst shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. The assessment of costs shall be administered in accordance with the procedures set forth in Article V of this chapter. F. Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Town Board, be afforded a hearing as described in this article.
Amherst, N.Y., Code of Ordinances ch. 151 § 151-55 establishes a framework for emergency responses to unsafe buildings. When the code official determines that a structure poses an imminent danger—due to collapse risk, hazardous materials, or defective equipment—they are authorized to order immediate evacuation, post notices, close nearby streets, and arrange emergency repairs without waiting for standard legal proceedings. The Town of Amherst initially covers the cost of emergency repairs but may then pursue the property owner to recover those expenses. Anyone ordered to take emergency action must comply immediately, though they retain the right to petition the Town Board for a hearing afterward.
Plain English — not legal advice.
Under § 151-55, property owners in Amherst should be aware that the code official can act swiftly and unilaterally when a structure is deemed imminently dangerous, including ordering evacuations and arranging repairs without prior notice. Compliant operators generally maintain their properties to prevent conditions—such as structural instability, gas leaks, or defective equipment—that could trigger emergency intervention. Owners should also understand that the Town may bill them for any emergency repair costs incurred under this section and has the authority to pursue legal action to recover those costs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 151-55 of the Amherst Code gives tenants important protections when a building becomes imminently dangerous: the code official can order an evacuation and post a formal notice prohibiting occupancy to protect residents' safety. If you are affected by an emergency order under this provision, the ordinance provides a path to be heard—any affected person may petition the Town Board for a hearing after complying with the order. Tenants seeking to understand their rights in such situations may find it helpful to contact a local tenant-rights organization or consult the Town of Amherst's code enforcement office for information about the process.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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