Canandaigua, N.Y., Code of Ordinances ch. 748 § 748-38
Recovery of expenses
Operative Text
A. The expenses incurred pursuant to § 748-37 of this chapter, together with a charge of 50% thereof in addition thereto as compensation to the City for administering, supervising and handling, shall be paid by the owner or occupant of the premises, or by the person who caused or maintained such nuisance or other matter. B. The Code Enforcement Officer shall file among his records and with the City Clerk/Treasurer an affidavit stating, with fairness and accuracy, the items of expense and the date of execution of actions authorized by § 748-37 of this chapter. The Code Enforcement Officer may institute a suit to recover such expenses; additionally, such charges shall become a lien on the property and shall be enforced and collected in the same manner as provided by law for the collection of real property taxes in the City of Canandaigua.
Section 748-38 of Canandaigua's Code of Ordinances establishes how the city recovers costs after it takes action to abate a nuisance or other matter under § 748-37. The property owner, occupant, or person responsible for the nuisance must repay the city's actual expenses plus an additional 50% surcharge to cover the city's administrative and supervisory costs. If unpaid, these charges can become a lien on the property and be collected the same way real property taxes are collected in Canandaigua.
Plain English — not legal advice.
Under § 748-38, property owners who have had city-directed abatement work performed on their premises are responsible for reimbursing the city for all incurred expenses, plus a 50% administrative surcharge on top of those costs. Compliant operators generally address nuisance conditions proactively to avoid triggering § 748-37 actions, since unpaid recovery charges can be recorded as a lien against the property and pursued through the same collection mechanisms used for real property taxes. The Code Enforcement Officer documents all expense items in an affidavit filed with the City Clerk/Treasurer, creating a formal record that supports any subsequent collection action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 748-38 makes clear that liability for city abatement expenses and the associated 50% surcharge can fall not only on property owners but also on occupants or any person who caused or maintained the nuisance. Tenants who receive notice of such charges should review whether the underlying § 748-37 action was properly authorized and whether the expense affidavit filed by the Code Enforcement Officer accurately reflects the work performed. Consulting a tenant-rights organization or legal aid service can help in understanding whether any portion of these costs may be contested or whether responsibility properly lies with another party.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation