LeRoy Village, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-71

A. Designation. Any dwelling unit, dwelling, rooming house or rooming unit having any of the following defects may be designated by the Housing Inspector as unfit for human habitation and may be so placarded: (1) The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public. (2) The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested in such a manner as to create a serious hazard to the health and safety of the occupants of the public. (3) The structure, because of the location, general conditions, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public. (4) The structure, because of the failure of the owner or occupant to comply with such notice or orders issued pursuant to this chapter, is unfit for human habitation. (5) The Housing Inspector shall determine whether or not a dwelling, dwelling unit, lodging house or lodging unit, in whole or in part, has been made unfit for human habitation by catastrophe of fire, wind damage, lightening, impact from falling object of any nature, impact of vehicles or damage from any cause whatsoever. B. Notice of intent to vacate. Whenever the Housing Inspector determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for human habitation as provided in this section, he shall include such finding within the notice of violation provided for in § 128-59 , and he shall also include a statement of his intent to vacate and placard the dwelling, dwelling unit, rooming house or rooming unit if compliance with the provisions of the notice of violation has not been secured. C. Order to vacate. Whenever a notice of violation as provided in Subsection B has not been complied with or where § 128-70A has not been invoked, the Housing Inspector may order the dwelling, dwelling unit, rooming house or rooming unit to be vacated. A copy of such notice to vacate shall be served on the owner, agent, operator and the occupant, as provided in § 128-59 . D. Vacation of unfit dwellings. Any dwelling, dwelling unit, rooming house or rooming unit, designated as unfit for human habitation pursuant to this section and ordered vacated, shall be vacated within such reasonable time as the Housing Inspector may specify in the order. No such dwelling, dwelling unit, rooming house or rooming unit shall again be used for human habitation and the placard removed until written approval is secured from the Housing Inspector. E. Removal of placard. No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in Subsection D . F. Vacated dwelling made secure. The owner, agent or operator of any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, rooming house or rooming unit safe and secure in whatever manner the Housing Inspector shall deem necessary. Any vacant building open at the doors and windows, if unguarded, shall be deemed dangerous to life and a nuisance within the meaning of this provision. G. Notice of intent to demolish. Whenever the Housing Inspector designates a dwelling or rooming house unfit for human habitation, as provided in this chapter, and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, he shall include within the notice of violation, provided for in § 128-59 , a statement of his intent to order the demolition of the structure. A copy of such notice shall be served on the owner, occupant, lessee and mortgagee, as provided in § 128-59 . The owner may demolish such structure, as provided in § 128-64 , or correct the violation, regardless of cost, provided that the requirements of the building code in effect at the time of attempted compliance are satisfied. H. Order to demolish. Whenever a notice of violation as provided in such Subsection G has not been complied with, the Housing Inspector may order the building demolished. Such order shall be served as provided in § 128-59 , and demolition shall be completed within the time specified by the Housing Inspector. I. Housing Inspector to make repairs or demolish. Whenever a notice of order to remove a violation, secure, vacate or demolish a building has not been complied with and when such failure to comply is deemed by the Housing Inspector to constitute a nuisance, he may proceed to cause the structure to be demolished, repaired, altered, secured, vacated or take such other action as is necessary abate the nuisance. Whenever the Housing Inspector determines that such nuisance exists, he shall record sufficient proof to support such determination, and the owner, occupant, lessee and mortgagee shall be notified of such finding pursuant to § 128-59 . Abatement authorized by this section shall not commence until at least 10 days after service of such notice. J. Recovery of expenses. The expenses incurred pursuant to § 128-63 and Subsection I of this section shall be paid by the owner or occupant of the premises, or by the person who caused or maintained such nuisance or other matter. The Housing Inspector shall file among his records an affidavit stating with fairness and accuracy, the items of expense, and that each said item was necessary, and the cost thereof does not exceed the current hourly rate of wages for the action, and the date of execution of actions authorized by § 128-11.63 or Subsection I of this section. The Housing Inspector may cause such expenses to be charged against the property as a lien. A notice of such lien shall be mailed to or served upon the owner, operator, agent and occupant claimed liable to pay the same, and a similar copy may be filed in the office of the Village Treasurer and the Bureau of Assessments of the Village of LeRoy and, upon such filing, shall be a lien on the property to the same extent as village taxes and shall be included in the general village tax roll and enforced in the same manner as other village taxes.