Fenton, N.Y., Code of Ordinances ch. 107 (eCode360 ed. 2026) § 107-5

A. Any rental unit or dwelling which is found to have any of the defects listed below may be condemned as unfit for human habitation and so designated and placarded by the Code Enforcement Officer or Building Inspector: (1) One which by reason of its failure to comply with the foregoing requirements of this chapter is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public. (2) One which lacks illumination, ventilation or sanitation required by this chapter so as to protect adequately the health or safety of the occupants or of the public. B. An order designating the premises as unfit for human habitation shall be served upon the owner personally or by certified mail, return receipt requested, and to all occupants, personally or by regular mail, and posted in a conspicuous place on the building. If the owner cannot be located, service may be by any other method deemed by the Town Attorney to be reasonably calculated to notify the owner of the proposed action, including notice by publication, by regular mail to the putative owner's last known address, or any other similar method sanctioned by law. The order of designation shall set forth the reasons for the designation and specify the time, date and place of the hearing to be held on the matter before the Town Board. The notice to the occupants must set forth the occupants' right to be heard at the hearing, the possible consequences of the hearing, including that the building may be closed and the occupants required to vacate by a particular date, if known. C. A hearing shall be scheduled to be held within 30 days of service upon the owner to review the designation as unfit by the Code Enforcement Officer or Building Inspector. The owner, occupants and any other interested parties may appear and give testimony. The Town Board, after considering all the evidence, may sustain, modify or revoke the order of the Code Enforcement Officer or Building Inspector designating the premises as unfit for human habitation. The hearing may be canceled at the direction of the Code Enforcement Officer or Building Inspector upon correction by the owner of the unlawful condition or conditions. The hearing may be also be canceled at the direction of the Code Enforcement Officer in the event of the voluntary vacation of the building; in such case, however, the Town shall not be precluded from any and all other enforcement procedures or remedies available under the Town's Code or any other applicable law, regulation or ordinance. D. The decision of the Town Board shall be in writing and mailed to all interested parties. It shall specify the reasons for sustaining, modifying or revoking the designation of the Code Enforcement Officer or Building Inspector. Any premises condemned as unfit for human habitation, and so designated, shall be placarded and vacated within the time ordered by the Code Enforcement Officer or Building Inspector. E. No rental or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from the Code Enforcement Officer or Building Inspector stating that the defect or defects upon which the condemnation and placarding were based have been corrected, and a certificate of occupancy has been obtained from the Building Inspector. F. No person shall deface or remove the placard from any rental or dwelling unit which has been condemned as unfit for human habitation and placarded except as provided in Subsection E above.