Rochester, N.Y., Code of Ordinances ch. 90 § 90-17

A. Purpose and definitions. (1) Purpose. In the City of Rochester there are vacant structures which do not possess the protective measures normally provided by legal occupants, making such structures subject to unlawful entry, vandalism and fires. Therefore, these vacant structures present a potential health and safety hazard to the general public, the immediate neighbors and residents and public employees performing municipal duties and services in the area or at the site of the vacant structure. (2) Definitions. As used in this section, the following terms shall have the meanings indicated: SECURE To render inaccessible to unauthorized entry by closing, bolting, repairing, boarding or otherwise fastening all doors, windows and other openings through which unauthorized entry may be gained. VACANT BUILDING Any building, commercial or residential, in which no occupant lawfully resides or no tenant is in lawful possession, or any building otherwise not being used for any lawful occupancy. VACANT LOT A lot, other than parklands, which is not improved by a structure and is not regularly maintained. B. Owner's duties. (1) Vacant buildings. It shall be the duty or every owner of property which has a vacant building thereon: (a) To maintain the building in a safe and sanitary condition and in compliance with this Property Code and Sections 302 and 304 of the Property Maintenance Code of New York State. (b) To secure the building to prevent unauthorized entry. (c) To maintain the yard free of refuse, high grass and overgrown weeds. (d) To paint all boarded openings in a neutral or earth-tone color. A "neutral color" is defined as one which is a similar shade to the existing color of the structure. (e) For a building that has been vacant more than 60 days, to register the building on the City's vacant building registry in accordance with § 90-21 of this chapter. (2) Vacant lots. It shall be the duty of every owner of a vacant lot to maintain the lot in a safe and sanitary condition and in compliance with the Property Code. It shall also be the duty of every owner of a vacant lot to maintain the lot free of refuse, high grass and overgrown weeds. C. Program to maintain, secure and clear. The Commissioner shall organize and implement a program to identify vacant lots and to maintain and secure vacant buildings and clear vacant lots when owners are unwilling or unable to discharge their duties described above. The program shall meet the following minimum objectives: (1) Identification of vacant buildings and lots. The Commissioner will identify complaints received by the Department, information received from other City departments and surveys conducted by the Department. The Commissioner will have buildings and lots inspected to determine whether they are in fact vacant. (2) Notification of owners. Notice sent to the owner by first-class mail addressed to the owner's address as appears in the records of the Bureau of Assessment, or to the owner's last known address or place of residence if such address does not appear in the records of the Bureau of Assessment, shall be sufficient notification. Notice to the owner by mail addressed to the owner's last address known to the Commissioner will be sufficient notification. The notice shall specify the type of charges or penalties to which the owner may be subject if the owner fails to act in accordance with the Commissioner's order. The notice must specify the sections of the City Code which the owner is violating. (3) Discharge of owner's duties by city. (a) If the owner fails to comply with the notice within five days after the notice is sent, the Commissioner may have the owner's duties discharged by City employees or contractors. The owner will be billed by the Commissioner for any costs incurred by the City. It shall be the personal obligation of the owner to reimburse the City for such costs. (b) If the owner has previously disregarded the orders of the Commissioner and thereafter the property again is in violation of this section, the Commissioner may again discharge the owner's duties, at the owner's expense, without notice to the owner. (4) Other remedy of City. The Commissioner may proceed to enforce the order according to Chapter 52 , Enforcement Procedures, of the City Code. D. Standards of safety and sanitation. A vacant building or lot is neither safe nor sanitary when any of the following conditions exist: (1) The building walls or other structures are in poor structural condition or the floors are overloaded, or there are other major structural defects. (2) The building and its contents constitute a fire hazard. (3) Violations of the Property Code exist which are danger to health, safety or public welfare. (4) Other conditions exist which endanger the health, safety or welfare of the public. E. Foreclosure against an abandoned private dwelling or multiple dwelling. The Commissioner may institute a proceeding in accordance with Article 19-B of the Real Property Actions and Proceedings Law. F. Demolition proceedings. (1) Inspection. Upon the receipt of information that a vacant structure may be unsafe or dangerous to the health, safety or welfare of the public, the Commissioner shall cause an inspection to be made, and a report of that inspection shall be reduced to writing and maintained at the office of the Commissioner. (2) Demolition hearing scheduled. If the Inspector believes that the structure is unsafe or dangerous, then, pursuant to § 47A-16A of Chapter 47A , Demolition Regulations, of the City Code, the Commissioner shall establish a date for a hearing to show cause why the structure should not be demolished. (3) Pursuant to § 47A-16B of Chapter 47A , Demolition Regulations, of the City Code, the Commissioner shall order demolition of a structure when an imminent danger exists. (4) Pursuant to § 47A-16C of Chapter 47 , Demolition Regulations, of the City Code, the Commissioner shall order demolition of a structure when an immediate danger exists. G. Powers of Commissioner. In addition to whatever powers the Commissioner has, the Commissioner is granted the following powers: (1) Order to vacate. Upon the declaration of an emergency, the Commissioner may order occupants of the subject structure to vacate the structure immediately. (2) Orders to demolish. Upon the declaration of an emergency pursuant to § 47A-16 of Chapter 47A , Demolition Regulations, of the City Code, the Commissioner may order immediate demolition of the subject structure and removal of debris therefrom. (3) Closing streets and other places. The Commissioner shall have the power to close temporarily sidewalks, streets, structures and other places adjacent to structures which have become the subject of an emergency order. The Commissioner may also prohibit such places from being used or occupied. The Commissioner of Environmental Services, the Chief of Police and the Fire Chief, when called upon by the Commissioner to cooperate, will assist in the enforcement of such orders or requirements, after consultation and agreement. (4) Employment of contractors and materials. The Commissioner may employ such contractors and purchase such materials as may be necessary to perform work under an emergency order. (5) Order to secure. The Commissioner may order the immediate securing of a vacant structure or portion thereof to prevent unauthorized entry when the same is deemed necessary to protect against arson, drug usage and other illegal activities at the structure or in order to provide for the health, safety or welfare of any remaining occupants of the structure and neighboring residents. The costs of the securing shall be a personal liability of the property owner, who shall be billed therefor. Such costs shall also be a lien upon the property from the first day the costs are billed to the owner. Such costs, if not paid, may be added to a subsequent tax bill for the property pursuant to § 6-94 of the City Charter.