Niagara, N.Y., Code of Ordinances ch. 122 (eCode360 ed. 2026) § 122-7
Sealing of unoccupied buildings
Operative Text
Whenever the Town 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 Town Building Inspector shall serve a notice in writing upon the owner by regular mail to the last-known address on file with the Town Assessor 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/her duly designated representative may present evidence and testimony on the question of the necessity of the Town 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 Town of Niagara shall have the right to enclose the building and that all costs and expenses incurred by the Town will be recovered by action or by local assessment, or both. (2) Permissible materials. Such openings as the Building Inspector 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 they materially detract from the general appearance of the building and neighborhood. B. Hearing. If the owner or his/her duly designated representative appears at the time and place specified in the aforementioned notice to contest the necessity of the Town causing the subject premises to be boarded, a hearing on such question shall be held before the Building Inspector. 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 Town 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 Town shall perform or cause such work to be performed and may recover the expense either by court action or by local assessment on the premises made, levied and collected as other local assessments or both. In such event, unless the Town shall perform such work, the Department shall secure at least three bids on such work of enclosure; and, whenever the work to be performed under contract entails an expenditure of more than $20,000, 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 Building Inspector and has been granted written approval for an extension of time to rehabilitate or to demolish the building or structure by said Building Inspector. 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.
Niagara, N.Y., Code of Ordinances ch. 122 § 122-7 establishes a process by which the Town may require owners of vacant or partially vacant buildings with accessible openings to seal those openings against unauthorized entry. The owner receives written notice and has four days to complete the enclosure using approved weatherproof materials, with an opportunity to contest the requirement at a hearing before the Building Inspector. If the owner does not comply, the Town may perform the work itself and recover all associated costs through court action or a local assessment against the property. Additionally, a sealed building cannot remain unoccupied for more than two months unless the owner files a statement of intention to demolish or rehabilitate and obtains written approval for an extension.
Plain English — not legal advice.
Under ch. 122 § 122-7, property owners managing vacant or partially vacant buildings in the Town of Niagara are generally expected to monitor those properties for unsecured openings such as doors and windows that could allow unauthorized entry. A compliant operator typically responds promptly to any written notice from the Building Inspector, completes enclosure within the four-day window using painted, weatherproof plywood at least one-half inch thick (or an approved equivalent), and ensures all enclosures are securely fastened and visually appropriate for the neighborhood. Owners who anticipate a longer vacancy period generally file a statement of intention to rehabilitate or demolish with the Building Inspector and secure all required permits within the four-month window specified by § 122-7(D) to avoid cost-recovery action by the Town.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 122-7 of the Niagara Town Code is designed to protect the public, including neighboring residents, from hazards posed by unsecured vacant buildings in the community. Tenants or community members who observe an unsecured vacant building may report the condition to the Town Building Inspector, who has authority under this provision to initiate the notice and enforcement process. Those with questions about how this provision affects their housing situation or neighborhood may find it useful to consult a tenant-rights organization or a local housing advocacy group familiar with Niagara Town ordinances.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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