Pelham, N.Y., Code of Ordinances ch. 54 (eCode360 ed. 2026) § 54-34
Condemnation of unfit dwellings and structures
Operative Text
A. Notice. Whenever the Enforcement Officer and the chief executive of Village of Pelham determine that a structure or dwelling unit is dangerous and unfit for human habitation, the Enforcement Officer shall give notice to the owner of condemnation and of his intent to placard and vacate the structure or dwelling unit if compliance with the provisions of the notice of condemnation is not secured. Any person affected by any such notice may request and shall be granted a hearing on the matter before the Enforcement Officer or the Board of Appeals. B. Placarding. The Enforcement Officer or the Assistant Enforcement Officers shall post in a conspicuous place on the affected dwelling unit or structure a placard bearing the words CONDEMNED AS UNFIT FOR HUMAN HABITATION. C. Vacating. Any dwelling unit or structure which has been condemned as unfit for habitation shall be vacated within a reasonable time, as required by the Enforcement Officer, and shall not be used for human habitation again until written approval is secured from the Enforcement Officer. The owner or operator of such unit or structure shall make such unit or structure safe and secure in whatever manner the Enforcement Officer shall deem necessary. Any vacant building, open at doors and windows, if unguarded, shall be deemed dangerous to human life and a nuisance. D. Order to disconnect utilities. Whenever any dwelling unit or structure has been placarded and vacated, the Department shall order services and utilities to be turned off or disconnected and all utility meters to be removed. E. Order to make repairs or demolish. Whenever the Enforcement Officer, with concurrence of the chief executive of this municipality, designates a building unfit for human habitation and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, the Enforcement Officer shall order the demolition of the structure. A copy of such notice shall be served on the owner and copies sent to other agencies, including the Police and Fire Department. The owner may demolish such structure or correct the violation, regardless of cost, provided that the requirements of this code and of the Building Code in affect at the time of attempted compliance are satisfied. F. Department to make repairs or demolish. Whenever a notice or order to remove a violation or secure, vacate or demolish a building has not been complied with, and when such failure to comply is deemed by the Enforcement Officer and chief executive of Village of Pelham to constitute a nuisance, the Enforcement Officer may proceed to have the building demolished, repaired, altered, secured or vacated or may take such action as is necessary to abate the nuisance. Abatement authorized by this provision shall not commence until at least ten (10) days after service of such notice. Such procedures and recovery of expenses shall be served as provided in §§ 54-35 , 54-36 and 54-37 and work shall be completed within the time specified by the Enforcement Officer.
Section 54-34 of Pelham's Code of Ordinances establishes a process by which the Village's Enforcement Officer, acting with the chief executive, can formally condemn a dwelling or structure found to be dangerous and unfit for human habitation. Once condemned, the property must be posted with a visible placard, vacated within a reasonable time, and cannot be reoccupied without written approval from the Enforcement Officer. Utilities may be ordered disconnected, and if the cost to repair the structure is disproportionate to its value, demolition can be ordered. If an owner fails to comply, the Village itself may step in to demolish, repair, or otherwise abate the nuisance, recovering its expenses through procedures outlined in related sections of the code.
Plain English — not legal advice.
Under § 54-34, property owners in Pelham who receive a notice of condemnation are entitled to request a hearing before the Enforcement Officer or the Board of Appeals before further action is taken. Compliant operators generally respond promptly to condemnation notices, ensure condemned structures are made safe and secure as directed, and obtain written approval from the Enforcement Officer before allowing any reoccupancy. Owners should be aware that if they do not act on a notice or order, the Village may carry out demolition or repairs itself and seek to recover those costs under the procedures referenced in §§ 54-35 through 54-37.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 54-34 provides that any person affected by a condemnation notice — which can include tenants — has the right to request a hearing before the Enforcement Officer or the Board of Appeals. If a dwelling unit is condemned and placarded under this provision, occupants are required to vacate within the time frame set by the Enforcement Officer, and the unit cannot legally be reoccupied until the Enforcement Officer issues written approval. Tenants who believe their housing has been improperly condemned, or who face displacement as a result of this process, may wish to consult a tenant-rights organization or legal aid service familiar with Pelham's local ordinances for guidance on available options.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation