Mount Vernon, N.Y., Code of Ordinances ch. 149 § 149-43
Notice of violation; issuance of summons or appearance ticket
Operative Text
A. Whenever the Building Commissioner determines that there has been a violation, or that there are reasonable grounds to believe that there has been a violation, of any provision of this chapter, except as provided in § 149-46 of this article, or any rule or regulation adopted pursuant thereto, he shall give notice of such violation or alleged violation to the owner, agent, operator, occupant or other person responsible for such violation. Such notice shall be in writing, shall specify the alleged violation, shall provide a reasonable time for compliance and shall be served upon the owner, agent, operator, occupant or other person responsible for such violation. Such notice shall be deemed to be properly served upon such owner, agent, operator, occupant or other person responsible for such violation if a copy is served upon him personally, or if a copy is posted in a conspicuous place in or about the building affected by the notice and if a copy is mailed on the same day it is posted to the owner, agent, operator, occupant or other person responsible for such violation, or by such other method authorized by the laws of the State of New York. Such notice shall inform the person to whom it is directed of his right to apply for a hearing before the Commissioner as provided in § 149-55 of this article. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto. B. Whenever the Commissioner of Buildings or an inspector of the Building Department determines that a heat violation pursuant to Article VI , § 149-26A(1) , of this chapter follows a prior notice of heating violation attributable to the same premises by no more than 120 days, the Commissioner or his inspector is authorized to issue, without further notice to the person responsible for such violation, a summons or appearance ticket returnable in the City Court for the prosecution of said violation. C. Whenever the Commissioner or an inspector of the Building Department determines that a heat violation pursuant to Article VI , § 149-26A(1) , exists at premises which had not been the subject of a notice of violation for inadequate heat during the preceding 120 days, the person responsible for heating the premises shall be served with a notice of violation and an order pursuant to § 149-46 of this article to abate the hazard of inadequate heat within eight hours. D. In accordance with § 149-50 of this article, if the Commissioner of Buildings has provided in a written notice to the person responsible for heating the premises that the heating violation be cleared within a certain number of days of such notice, then, in that event, no summons or appearance ticket shall be issued for the violation until the expiration of the time allowed by the Commissioner of Buildings.
Section 149-43 of Mount Vernon's Code of Ordinances, Chapter 149, establishes the process by which the Building Commissioner notifies responsible parties of housing code violations and, in certain circumstances, issues summonses or appearance tickets without additional notice. Written notices must specify the alleged violation, allow a reasonable time for compliance, and inform the recipient of the right to request a hearing under § 149-55. For repeat heating violations occurring within 120 days of a prior notice, a summons may be issued directly to City Court without a new notice; for first-time heating violations, an eight-hour abatement order is required before further enforcement action.
Plain English — not legal advice.
Property owners and managers subject to Chapter 149 of the Mount Vernon Code should be aware that § 149-43 authorizes the Building Commissioner to serve written violation notices on owners, agents, operators, or occupants by personal delivery, conspicuous posting plus same-day mailing, or other methods permitted under New York State law. Compliant operators typically respond to notices within the time specified, document remedial actions taken, and pay particular attention to heating violations under § 149-26A(1), since a second heating complaint within 120 days can result in a summons being issued directly—without any additional warning. Keeping records of maintenance and repairs, especially for heating systems, helps demonstrate responsiveness to any notice issued under § 149-43.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 149-43 of Mount Vernon's Code of Ordinances, Chapter 149, tenants have the right to know that when a housing violation is identified, the responsible party must receive written notice specifying the violation and a reasonable time to fix it, and that the notice must inform the recipient of the right to a hearing before the Commissioner under § 149-55. For heating violations specifically, if a landlord has already received a prior heating notice within the past 120 days, the Building Department can issue a summons directly to City Court without waiting for another notice period to pass. Tenants who believe a violation exists may contact the Mount Vernon Building Department to report conditions, and tenant-rights organizations can help explain available options, including how the hearing process under § 149-55 works.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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