Buffalo, N.Y., Code of Ordinances ch. 242 § 242-10

A. Any person affected by any notice or order which has been issued under any provision of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Commissioner of Health or the Commissioner of Permit and Inspection Services, depending upon which Commissioner issued the notice or order. Upon receipt of a written petition from such person, which petition shall contain a brief statement of the grounds therefor, the Commissioner shall hold a hearing, at which time such person shall be given an opportunity to show why such notice or order should be modified or withdrawn. No such hearing shall be required unless the petition therefor shall have been filed in the office of the Commissioner within five days after the date the notice or order was issued. On receipt of such petition, the Commissioner shall set a time and place for such hearing and shall give the petitioner written notice thereof. The hearing shall be commenced not later than 10 days after the date on which the petition was filed. After such hearing, the Commissioner may sustain, modify or withdraw the notice or order complained of by the petitioner, depending upon his finding as to whether the provisions of this chapter and of rules and regulations adopted pursuant thereto have been complied with. After any such hearing, in the case of any notice or order suspending any permit required by this chapter, when such notice or order has been sustained by the Commissioner, such suspended permit shall be deemed to have been revoked. The proceedings at such hearing, including the findings and decision of the Commissioner, shall be reduced to writing and entered as a matter of public record in the office of the Commissioner. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Commissioner may appeal therefrom to any court of competent jurisdiction under the procedures provided by the laws of this state. B. No provision or requirement herein contained for a hearing shall in any way whatsoever affect or impair the right of the Commissioner to at any time bring such legal proceedings, actions or prosecutions as otherwise or elsewhere are permitted by law or ordinance. C. Whenever the Commissioner finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon written petition to the Commissioner, shall be afforded a hearing as soon as possible. After such hearing, depending upon his finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Commissioner shall continue such order in effect or modify or revoke it.