Gates, N.Y., Code of Ordinances ch. 133 (eCode360 ed. 2026) § 133-17

A. Nothing in this chapter or elsewhere in the Uniform Code, or in any regulation promulgated pursuant to Executive Law § 381(1) , shall be construed as authorizing the Town of Gates, or its authorized officials responsible for administration and enforcement of the Uniform Code to do so in a manner that deprives any person or entity of due process of law. In particular, but not by way of limitation, nothing in this chapter relating to posting, placarding and/or condemnation of buildings or structures that are unsafe, unfit for human occupancy or unlawful shall be construed as authorizing the Town of Gates or its authorized officers responsible for administration and enforcement of the Uniform Code to post, placard or condemn any such building or structure and/or to remove any owner or occupant or cause any owner or occupant to be removed from any such building or structure without providing such notice and opportunity to be heard as may be required under the circumstances, as follows. Prior to the Town of Gates or its authorized officials placing a "Do Not Occupy" notice on a building, such official shall give written notice to the record owner of such property and any occupant thereof: (1) That the Town of Gates intends to place a "Do Not Occupy" notice on the building; (2) Such notice shall state the reasons for doing so, with appropriate citations to the specific Uniform Code provisions which are claimed to be violated; (3) Notice to the owner/occupant of the opportunity to be heard before the Town of Gates Hearing Committee, and to present to the Committee the reasons why the owner/occupant believes that the Code Enforcement Official's proposed action should not be taken; and (4) Notice that the owner/occupant must, within five days of receipt of such notice, request, in writing, to the Town Clerk, a hearing and opportunity to be heard before the Town of Gates Hearing Committee. B. In cases of imminent danger, posting, placarding, and condemning a building or structure and removing owners and occupants or causing owners and occupants to be removed without first providing an opportunity to be heard shall be permitted under this chapter, provided that the owner/occupant shall have all the same rights and opportunity to be heard at a post-action hearing before the Town of Gates Hearing Committee by making such request, in writing, as hereinbefore provided for, within five days following the imminent danger event. C. The Town of Gates Hearing Committee shall consist of one Town Board Member, together with any two of the following: Town Engineer, Town Fire Marshal, and Town Assistant Building Inspector, as appointed by resolution of the Town Board from time to time.