Buffalo, N.Y., Code of Ordinances ch. 242 § 242-9

The designation of a dwelling or dwelling unit as unfit for human habitation and the procedure thereon shall be in compliance with the following: A. Whenever the owner, occupant or lessee or agent for the owner, occupant or lessee or any person having charge or care of such premises fails or refuses to comply with the orders of the Erie County Commissioner of Health and/or the Commissioner of Permit and Inspection Services based on the provisions of this chapter or on any rules or regulations adopted by the Department of Health pursuant to the provisions of this chapter, such dwelling or dwelling unit may be condemned by the Commissioner as being unfit for human habitation and shall be vacated or brought into compliance with the provisions of this chapter or any other applicable laws, codes or ordinances within a reasonable time as ordered by the Commissioner. B. Before such placarding procedure may be used, except in a case of emergency as mentioned in § 242-10B , a notification or order of the Commissioner, based on the provisions of this chapter or rules or regulations adopted thereunder, to any owner or occupant or person having charge or care of any premises shall be put in writing and contain a brief description of the conditions complained of which are alleged to be in violation of specified provisions of this chapter or rules or regulations adopted thereunder or any other applicable ordinance, code or statute; and such notification or order may further state that if such alleged violations are not corrected within 10 days of service thereof, that the premises involved may be placarded under the provisions of this chapter or such other and further action may be taken as the Commissioner deems justified. Such notification or order may be served by mail or by personal service upon either the owner, occupant or person in charge of the premises or upon all of them, depending on the circumstances as to responsibility for the alleged violations complained of. If the premises are unoccupied, such notification or order may be mailed to the owner at the name and address shown on the records of the Department of Assessment and Taxation. C. The following listed defective conditions in a dwelling or dwelling unit shall not be deemed to be exclusive if other or different conditions exist on such premises that may reasonably be deemed by the Commissioner to cause the premises to be unsafe or in such condition as to be dangerous to human life or property and to the health and safety of the public: (1) Where interior walls or other vertical structural members list, lean or buckle more than 1/2 out of the vertical plane of the thickness of those members between any two floors or the floor is sagged or slanted more than 1/4 out of the horizontal plane of the depth of floor structural members in any ten-foot distance. (2) Where the dwelling or dwelling unit has been so damaged by fire, wind, flood or other cause as to become dangerous to the health or safety of its occupants or of the public. (3) Where the dwelling or dwelling unit, in whole or in part, is so dilapidated, decayed, unsafe or insanitary that it is likely to cause injury to the health or safety of its occupants or of the public. (4) Where the light, air or sanitation facilities are inadequate to protect the health or safety of its occupants or of the public. (5) Where the dwelling or dwelling unit has inadequate facilities for egress in case of fire or panic or has unsafe stairways, elevators, fire escapes or other means of egress. (6) Where the dwelling or dwelling unit has structural or other parts which are so attached that they may fall or collapse and injure the person or property of the occupants or of the public. (7) Where the dwelling or dwelling unit, because of its general condition, is unsafe, insanitary or otherwise dangerous to the health or safety of its occupants or of the public. (8) Where a condition exists in violation of any applicable provision of the laws or codes of this state or in violation of any applicable ordinances or codes of the City so as to cause such dwelling or dwelling unit to be in an unsafe or insanitary condition or otherwise dangerous to the health or safety of its occupants or of the public. D. No dwelling or dwelling unit which has been condemned as unfit for human habitation and so placarded by the Commissioner shall be used for human habitation until such placard is removed by the Commissioner. Any person affected by any notice or order relating to the condemning and placarding of a dwelling as unfit for human habitation may request and shall be granted a hearing on the matter before the Commissioner at a time and place set by him. In cases of emergency and immediate and apparent danger to the life, property or safety of the occupants of the dwelling or the public, the Commissioner shall have authority to cause the premises to be immediately vacated and all use thereof to cease until the cause for condemnation has been corrected, abated or removed, and no hearing shall interfere with or delay such action on the part of the Commissioner.