East Rochester, N.Y., Code of Ordinances ch. 144 (eCode360 ed. 2026) § 144-13

A. The Code Enforcement Officer may revoke a rental dwelling permit upon the following grounds and subject to the following safeguards: (1) Current violations of applicable codes. The rental dwelling permit may be revoked when the permit holder has caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit has been issued, for a period of 10 days or more after written notice to the permit holder or the managing agent of such rental dwelling unit, a health or safety violation of the Multiple Residence Law , New York State Uniform Fire Prevention and Building Code or the Code of the Town/Village of East Rochester. (2) Refusal to permit authorized entry. The rental dwelling permit may be revoked when the permit holder has refused permission to the Code Enforcement Officer, after written request, to make an inspection, at a reasonable time, or in an emergency at any time, of the premises in which such rental dwelling unit has been permitted, in order to determine the condition of the same or otherwise to discharge the duties of such Code Enforcement Officer under this chapter; provided, however, that, absent an emergency, no occupant demanding production of a judicial warrant requiring the inspection of the premises shall be required to grant permission for a Code Enforcement Officer to enter the premises without such warrant. (3) Fire, electrical and heating hazards. The rental dwelling permit may be revoked when the permit holder has failed to correct a serious fire hazard or electrical violation or failed to provide heat for an apartment unit in accordance with code requirements following reasonable notice and an adequate opportunity to correct the same. (4) Substantial risks to public safety. The rental dwelling permit may be revoked when the permit holder has been found pursuant to an adjudication by the Town Court or other court of competent jurisdiction to have caused, permitted, suffered or allowed to exist and remain upon the premises conditions or behavior that constitutes a substantial risk to public safety or the safety of individuals, including, but not limited to, the use or attempted use of weapons; the use, possession, manufacture, sale or distribution of controlled substances; criminal activity. An action in court seeking revocation pursuant to this subsection shall be based upon the recommendation of the Chief of Police, and no such action shall be maintained against any person who has been the victim or target of the alleged violence or other unlawful or threatening behavior or pursuant to the definition of "public nuisance violation" contained in § 144-2 . (5) Repeated public nuisance violations. The rental dwelling permit may be revoked when: (a) The permit holder has been determined by a court of competent jurisdiction to have committed a "repeated public nuisance violation," as described in this subsection, which shall be a civil violation of this code. A repeated public nuisance violation exists when an owner has caused, permitted, suffered or allowed to exist and remain upon the premises conditions or circumstances such that any police agency has, or combination of police agencies have, responded to the premises for a matter involving an alleged public nuisance violation, as defined in § 144-2 , three times or more within a twelve-month period, with at least one of those public nuisance violations having resulted in a conviction by a court of competent jurisdiction. (b) No rental dwelling permit shall be revoked by the Code Enforcement Officer under this Subsection A(5) unless recommended by the Chief of Police of the Town/Village of East Rochester. (c) In order for any matter to be considered as a public nuisance violation for the purposes of establishing a repeated public nuisance violation under this Subsection A(5) , the Code Enforcement Officer must have first provided a written notice of intent to the occupant(s) and the permit holder(s) regarding each such matter, advising of the possible consequences of a determination of a repeated public nuisance violation as defined in Subsection A(5)(a) , including the possible revocation of the rental permit as provided for in this section. (d) No rental dwelling permit shall be revoked by the Code Enforcement Officer under this Subsection A(5) unless the opportunity has been provided for informal reviews or appeals as follows: [1] Informal review. When an incident has occurred in which the police were summoned to the premises for a matter possibly constituting a public nuisance violation, and which the Code Enforcement Officer intends to consider in connection with any future determination as to the existence of grounds for the possible withdrawal of a rental dwelling permit, the Code Enforcement Officer shall send a notice of intent to the occupants of the premises. The notice of intent shall advise the occupant and permit holder of the right to request an informal review of the proposed action and that such request shall be submitted within 15 days of the receipt of the notice of intent and sent directly to the Code Enforcement Officer. Within 15 days of the receipt of that request, and after investigation of all pertinent facts, the Code Enforcement Officer shall respond in writing to the occupant or permit holder, either confirming that he or she believes there is a sufficient basis to proceed or, alternatively, withdrawing the notice of intent. [2] Appeal to Board. In the event the Code Enforcement Officer confirms that there is sufficient basis to believe that a public nuisance violation or violations have occurred, the occupant(s) and/or permit holder(s) shall have the right to file a request for a formal review of the alleged public nuisance violation(s) to the Board of Trustees by submitting a written request to the Board within 15 days of receipt of the determination of the informal review by the Code Enforcement Officer. The Board shall review the matter within 30 days at a duly convened meeting of the Board at which the occupant(s) and/or permit holder(s) shall have a right to explain the events or any mitigating circumstances surrounding the alleged violation(s), and, if necessary, to call witnesses, and submit any documents or additional evidence for the Board's consideration. Within 30 days of the Board's review, the Board shall issue a written decision determining whether, for the purposes of the further consideration of the revocation of the rental dwelling permit, a public nuisance violation or violations have occurred. B. Prior to the revocation of a rental dwelling permit under this section, the Town/Village shall bring an enforcement action in the Town Court or other court of competent jurisdiction to determine whether the conduct complained of constitutes a violation sufficient to serve as the basis for such revocation. All non-owner occupants who would be affected by the revocation of the rental dwelling permit shall be given notice and the opportunity to appear in such action. In the event the court determines that a sufficient violation of this section has occurred, the Code Enforcement officer shall revoke the rental permit for the unit(s) in question and the owner shall be required to remove the residents as provided for in Subsection D . C. Notwithstanding the determination of a court of competent jurisdiction that a violation of this code has occurred authorizing the revocation of the rental dwelling permit by the Code Enforcement Officer, the Board of Trustees, for good cause shown, may stay or vacate the enforcement of any revocation for such period as it deems appropriate, or permit the occupants to continue to reside on the premises upon such terms and conditions as the Board deems just. D. In the event of a revocation of a permit under this section, within 30 days the owner shall institute a legal action or proceeding in a court of competent jurisdiction seeking the removal of the occupant(s) from the premises and, in the event the court orders the removal of the occupant(s), shall be prohibited from renting the premises or any other apartment within the dwelling or on the premises to the occupants so removed. In the event the court determines not to order the removal of the occupants, the Town/Village shall take no further action to encourage or require the owner to terminate the tenancy or vacate the premises, and the Town/Village shall take no further action to require those occupants to vacate the premises based upon the incidents reviewed by that court. E. Subsequent to any rental unit having been vacated based on revocation of a rental dwelling permit, such unit shall not be reoccupied until the unit has been inspected and a new permit has been issued.