Port Chester, N.Y., Code of Ordinances ch. 197 (eCode360 ed. 2026) § 197-28
Notice of intent to demolish
Operative Text
A. Whenever the Commissioner designates a building unfit for human habitation, as provided in this law, 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 § 197-23 of this law 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 or mortgagee as provided in § 197-23 of this law. The owner may demolish such structure 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. B. Order to demolish. Whenever a notice of violation as provided in § 197-28 of this law has not been complied with, the Board of Trustees may order the building demolished. Such order shall be served as provided in § 197-23 of this law, and demolition shall be completed within the time specified by the Board of Trustees. C. Agency 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 Board of Trustees to constitute a nuisance, it may proceed to cause the structure to be demolished, repaired, altered, secured or vacated or take such other action as is necessary to abate the nuisance. Whenever the Board of Trustees determines that such nuisance exists, it shall record sufficient proof to support such determination, and the owner, occupant, lessee or mortgagee shall be notified of such finding pursuant to § 197-23 of this law. Abatement authorized by this section shall not commence until at least 10 days after service of notice. D. Recovery of expenses. The expenses incurred pursuant to Subsection C of this law 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 Board of Trustees shall file among its records a resolution stating, with fairness and accuracy, the items of expense and the date of execution of actions authorized by Subsection C of this law. The Board of Trustees may institute a suit to recover such expenses against any person liable for such expense or may cause such expenses to be charged against the property as a lien. Nothing herein shall be construed as placing a lien upon the property which supersedes the lien of any mortgage on such property executed and recorded prior to the existence of a lien herein authorized. E. Power to act in emergencies. Whenever the Commissioner at any stage of the proceedings instituted under the provisions of this law finds that a violation of this law exists which, in his opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or of the public, he may, without prior notice or 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. Such order may include an order to vacate as provided in § 197-27 . Notwithstanding any other provision of this law, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided. F. Any person or persons jointly or severally aggrieved by any final order may seek to have such an order reviewed by the Supreme Court in the manner prescribed by Article 78 of the Civil Practice Law and Rules and as otherwise provided for in the laws of the State of New York.
Port Chester Code ch. 197 § 197-28 establishes a process by which the Commissioner can signal an intent to demolish a building deemed unfit for human habitation when repair costs are disproportionate to the building's value. If a notice of violation goes unaddressed, the Board of Trustees may order demolition, carry out the work itself, and recover the associated costs from the owner, occupant, or other responsible party. The provision also grants the Commissioner authority to act immediately—without prior notice or hearing—when a condition poses a direct hazard, and it preserves the right of any aggrieved party to seek judicial review under Article 78 of the Civil Practice Law and Rules.
Plain English — not legal advice.
Under Port Chester Code ch. 197 § 197-28, property owners who receive a notice of intent to demolish retain the option to either demolish the structure themselves or bring it into compliance with the Building Code, regardless of cost. Compliant operators respond promptly to any notice served under § 197-23, document all remediation efforts, and ensure work meets current Building Code standards before the deadline set by the Board of Trustees. Owners who fail to act risk the municipality proceeding with demolition or repairs at the owner's expense, with costs potentially recorded as a lien against the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Port Chester Code ch. 197 § 197-28 provides occupants with certain protections, including the requirement that they be served notice before the municipality undertakes abatement actions, and a mandatory waiting period of at least 10 days before such abatement can begin. In emergency situations where the Commissioner determines an immediate hazard exists, an order under § 197-28(E) can take effect immediately, which may include a directive to vacate the premises. Tenants who believe a final order has been issued improperly may seek review through the Supreme Court via an Article 78 proceeding, and consulting a tenant-rights organization can help clarify 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
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