Evans, N.Y., Code of Ordinances ch. 158 (eCode360 ed. 2026) § 158-70
Recovery of expenses
Operative Text
The expenses incurred pursuant to § 158-69 of this chapter shall be paid by the owner or occupant of the premises or by the person who caused such violation to exist, as follows: A. The Building Inspector shall file among his records an affidavit stating with fairness and accuracy the items of expenses and the date of the execution of actions authorized under this chapter. A copy of such affidavit shall be served upon the owner or occupant of the premises, as provided in § 158-66 of this chapter. B. Within 10 days thereafter, the owner or occupant upon whom such affidavit has been served may file with the Building Inspector's Department a written request for a hearing with the Building Inspector and the Town Attorney to contest any items of expenses set forth in the affidavit of the Building Inspector. If such a request is not received within 10 days, the affidavit of the Building Inspector shall be final and binding upon the owner or occupant. C. At such hearing, the applicant or his representative shall be given an opportunity to show cause why the items of expenses listed in the affidavit of the Building Inspector are not accurate. D. Upon the completion of all work under § 158-69 of this chapter, the Building Inspector shall file among his records an affidavit fully stating all items of expenses incurred. A copy of the same shall be served upon the owner or occupant as provided in § 158-66 of this chapter. E. The Building Inspector may institute an action in the Supreme Court or other court of competent jurisdiction to recover such expenses against any person liable therefor or may cause a report setting forth all items of expenses incurred under § 158-69 of this chapter to be filed with the Town Board of the Town of Evans. F. The Town Board, after a public hearing and notice by mail to the owner or occupant of the premises, may cause the items of expenses incurred pursuant to actions authorized by § 158-69 of this chapter to be assessed against the land upon which the building or structures are located. Said amount shall be reported to the Assessor of the Town of Evans as an assessment to be included in the next succeeding assessment roll of the Town of Evans to be thereafter prepared.
Evans, N.Y., Code of Ordinances ch. 158 § 158-70 establishes the process by which the Town of Evans recovers costs it incurs when it takes corrective action on a property under § 158-69. The Building Inspector documents those expenses in a sworn affidavit, and the owner or occupant is formally served with a copy. If the expenses are not contested within ten days, they become final; if contested, a hearing is held before the Building Inspector and Town Attorney. Ultimately, unpaid costs can be pursued through court action or assessed directly against the land and added to the property's tax roll.
Plain English — not legal advice.
Under § 158-70, property owners in Evans should be aware that any remediation work the Town performs on their property under § 158-69 will be itemized in an official affidavit and formally served on them. A compliant and attentive owner typically reviews that affidavit promptly, because the ten-day window to request a hearing is strict — missing it makes the stated expenses final and binding. Owners who do not resolve the debt risk having the amount assessed against their land and placed on the next tax roll, or facing a court action to recover the costs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
§ 158-70 of the Evans Code of Ordinances makes clear that responsibility for town-incurred remediation expenses can fall on an occupant of the premises, not just the property owner. Tenants who receive a Building Inspector's affidavit under this section have a ten-day window to file a written request for a hearing with the Building Inspector's Department to challenge the accuracy of any listed expenses. Tenants facing such a situation may benefit from reviewing the related provisions in ch. 158 and consulting a tenant-rights organization or legal aid service to understand how occupant liability is determined in their circumstances.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation