Port Jefferson, N.Y., Code of Ordinances ch. 161 (eCode360 ed. 2026) § 161-40
Appeals
Operative Text
A. Request for hearing. Any person affected by any notice of violation issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing before the Board of Trustees, provided that such person shall file, in the office of the Village Clerk, a written request for such hearing within 10 days after service of a notice of violation, setting forth a brief statement of the grounds therefor, designating the person and his address upon whom orders may be served and setting forth the reasons why such notice of violation should be modified or withdrawn. If this request is filed within 10 days after service of notice of violation, compliance with such notice shall not be required while the hearing is pending, unless, in the opinion of the Building Inspector, the violations specified in the notice cause a direct hazard or immediate danger to the health and safety of the occupants of a building or the general public. B. Hearing. Upon receipt of a request for a hearing as provided in Subsection A , the Board of Trustees shall set a time and place for such hearing and shall give the applicant at least 10 days' written notice thereof. Such hearing shall commence not later than 30 days after the date on which the request was filed; however, hearings may be postponed beyond such thirty-day period for good and sufficient reason. At such hearing, the applicant or his representative shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn. C. Finding of hearing. After a hearing held in accordance with Subsection A , and on consideration of the evidence presented, the Board of Trustees shall sustain, modify or withdraw the notice. Where there are practical difficulties or unreasonable hardships in the literal enforcement of the provisions of this chapter, the Board of Trustees shall have the power to authorize a variance from the provisions of this chapter, provided that the intent of this chapter shall be observed with respect to safeguarding of the public health and safety. D. Record of hearing. The Board of Trustees shall keep a summary of testimony and a copy of every relevant notice or order, the request for a hearing, entries of appearance, findings of fact, if any, and the final determination, and such record shall be maintained as public record.
Section 161-40 of Port Jefferson's Code of Ordinances, Chapter 161, establishes a formal appeal process for anyone who receives a notice of violation under this chapter. A written hearing request filed with the Village Clerk within 10 days of receiving the notice generally pauses the obligation to comply while the appeal is pending, unless the Building Inspector determines the violation poses an immediate health or safety hazard. The Board of Trustees conducts the hearing, weighs the evidence, and may sustain, modify, or withdraw the notice — and may also grant a variance where strict enforcement would create practical difficulties or unreasonable hardship.
Plain English — not legal advice.
Under § 161-40, property owners and managers who receive a notice of violation should be aware that the 10-day window for filing a written hearing request with the Village Clerk is a firm procedural deadline. Compliant operators typically document the date of service carefully, prepare a clear written statement of grounds for contesting the notice, and include a designated contact address for service of orders. If the Building Inspector flags the violation as an immediate health or safety hazard, compliance obligations continue even while a hearing is pending, so operators generally address urgent conditions promptly regardless of any appeal.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 161-40 gives occupants and other affected persons the right to contest a notice of violation issued under Chapter 161 by requesting a formal hearing before the Board of Trustees. A written request must be filed with the Village Clerk within 10 days of receiving the notice, and the hearing record — including findings and the final determination — is maintained as a public record that tenants may access. Tenants who believe a notice of violation affects their housing situation may wish to consult a tenant-rights organization or legal aid provider to understand how this appeal process interacts with their specific circumstances.
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.
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