Mount Vernon, N.Y., Code of Ordinances ch. 149 § 149-46
Power to act in emergencies
Operative Text
Whenever the Commissioner finds that a violation of this chapter exists which, in his opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety or welfare of the occupants of a building or of the public, he may, without prior notice of hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. The order citing the violation shall also specify the time within which the said hazard or danger must be abated. Said time period shall not be less than eight hours and the said order shall also state that in the event the said hazard or danger is not abated within the time period specified in the order, the Commissioner of Buildings will take the steps necessary to abate the danger or hazard and the expenses of such abatement will be charged to the owner as provided in § 149-58 of this article.
Under Mount Vernon, N.Y., Code of Ordinances ch. 149 § 149-46, the Commissioner of Buildings has authority to issue an emergency abatement order without holding a prior hearing when a code violation poses an immediate hazard to occupants or the public. The order must identify the violation and set a deadline for correction, which cannot be shorter than eight hours. If the responsible party does not act within that window, the city may step in to abate the hazard directly and bill the property owner for the costs under § 149-58.
Plain English — not legal advice.
Under § 149-46, a property owner who receives an emergency order from the Commissioner of Buildings must treat it as time-sensitive: the order will specify a correction deadline of at least eight hours, and compliant operators typically document their remediation steps and notify the department once the hazard has been addressed. Failure to act within the stated timeframe can result in the city performing the abatement work itself and charging all associated expenses back to the owner pursuant to § 149-58. Keeping maintenance records and having emergency repair contacts on hand are practices commonly associated with prompt compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 149-46 of the Mount Vernon Code gives occupants an important protection: when a building condition poses an immediate danger to health, safety, or welfare, the Commissioner of Buildings can issue an emergency order requiring correction within as little as eight hours — no lengthy hearing process required. Tenants who believe an urgent hazard exists in their building may contact the Mount Vernon Department of Buildings to request an inspection or report the condition. Tenant-rights organizations familiar with local housing codes can also help residents understand what options are generally available when emergency conditions arise.
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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