Hamburg Village, N.Y., Code of Ordinances ch. 182 (eCode360 ed. 2026) § 182-12
Sealing of unoccupied buildings
Operative Text
Whenever the Code Enforcement Officer shall find an unoccupied or partly unoccupied building which has openings, including but not limited to doors, doorways, windows and window openings, through which children, trespassers or other unauthorized persons may make entry to the building, then this section shall apply. A. Notice; sealing requirements. (1) Notice. The Code Enforcement Officer shall serve a notice in writing upon the owner directing the owner to complete the work of enclosing the building as shall be specified in said notice within four days of service of such notice. Said notice shall also inform the owner of the date and place of a hearing, at which time the owner or his or her duly designated representative may present evidence and testimony on the question of the necessity of the Village causing said premises to be boarded. Said notice shall further inform the owner that upon failure by the owner either to complete the enclosing of the building or to appear at the hearing, the Village of Hamburg shall have the right to enclose the building and that all costs and expenses incurred by the Village will be recovered by action or by local assessment, or both. (2) Permissible materials. Such openings as the Code Enforcement Officer shall specify in said notice for enclosure shall be enclosed with one-half-inch or thicker weatherproof plywood or other weatherproof material which will secure the building in an equivalent manner. All such plywood or other material must be painted. (3) Screen/storm windows. The owner may, in the alternative, enclose such openings with screen/storm window combinations, provided that said storm windows are made with unbreakable glass or plastic. (4) Fastening. Such enclosures shall be fastened to the building so as to secure them from removal by unauthorized persons. (5) Appearance. Such enclosures shall be properly fitted and be of such material and surface that they are neither unsightly nor will materially detract from the general appearance of the building and neighborhood. B. Hearing. If the owner or his or her duly designated representative appears at the time and place specified in the aforementioned notice to contest the necessity of the Village causing the subject premises to be boarded, a hearing on such question shall be held before the Code Enforcement Officer or his or her representative. As a result of such hearing, the original notice directing the enclosing of the subject premises may be affirmed, modified or vacated, but if the notice is modified, the time in which to complete enclosure shall not be extended for more than three days. The owner shall be informed of the result of the hearing. C. Abatement by Village upon owner's failure to comply. If the owner shall fail to comply with a notice to enclose within the period specified in such notice or shall fail to comply with such a notice as modified as a result of a hearing having been had, the Village shall perform or cause such work to be performed and may recover the expense either by action or by local assessment on the premises made, levied and collected as other local assessments, or both. In such event, unless the Village shall perform such work, the Code Enforcement Officer shall secure at least three bids on such work of enclosure; whenever the work to be performed under contract entails an expenditure of more than $10,000 there shall be formal advertising for bids. D. Statement of intention. In no event shall such building or structure remain unoccupied and closed in for a period in excess of two months from the date of the notice specified in Subsection A hereof unless the owner has first filed a statement of intention to either demolish or rehabilitate said building or structure with the Department of Public Works and has been granted written approval for an extension of time to rehabilitate or to demolish the building or structure by said Department. The owner must obtain all required permits within four months from the date of filing a statement of intention as aforementioned. Such statement of intention shall expire and shall be of no further force or effect upon the passing of four months from the date of its filing with the Department. For purposes of this section, determination of the Department, relative to the condition of a building being practicable for rehabilitation, shall be determined on the basis of cost for rehabilitating the building and shall not exceed 50% of the worth of the building exclusive of value of land and foundation. E. Alternative measures to remain available. The provisions of this section shall not be deemed to impair or affect the availability of any other enforcement measures or remedies afforded by law.
Hamburg Village Code ch. 182 § 182-12 establishes a process for addressing unoccupied or partially unoccupied buildings with unsecured openings that could allow unauthorized entry. When the Code Enforcement Officer identifies such a building, the owner receives written notice requiring enclosure within four days, along with an opportunity to contest the requirement at a hearing. If the owner does not comply or appear, the Village may seal the building itself and recover all associated costs from the owner through legal action or a local assessment. Additionally, a sealed building cannot remain unoccupied for more than two months without the owner filing a formal statement of intention to demolish or rehabilitate the structure with the Department of Public Works.
Plain English — not legal advice.
Under Hamburg Village Code ch. 182 § 182-12, compliant property owners generally respond promptly to any written notice from the Code Enforcement Officer, completing required enclosures within the four-day window using approved materials such as painted half-inch weatherproof plywood or unbreakable storm window combinations. Enclosures must be securely fastened against unauthorized removal and must not detract from the appearance of the building or surrounding neighborhood. Owners who anticipate a longer vacancy period typically file a statement of intention to rehabilitate or demolish with the Department of Public Works before the two-month deadline and obtain all required permits within four months of that filing to avoid losing the extension.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Hamburg Village Code ch. 182 § 182-12 is primarily directed at property owners and the Village's Code Enforcement Officer, but it reflects the Village's interest in keeping vacant buildings secure and maintained in a way that does not negatively affect surrounding properties or neighborhoods. Residents or neighbors who observe an unsecured vacant building may report the condition to the Village's Code Enforcement Office, which has authority to initiate the notice and hearing process described in this section. Those with questions about how this provision may affect their housing situation can consult a tenant-rights organization or legal aid service familiar with New York municipal code enforcement.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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