Rotterdam, N.Y., Code of Ordinances ch. 265 (eCode360 ed. 2026) § 265-15
Action in cases of noncompliance
Operative Text
A. The notice referred to in § 265-14 , served upon the owner of the subject property, shall advise the owner that if the violation(s) is not corrected within said five-day period, the Town will proceed with the removal and disposition of said violation(s) following said notice period and shall cause the costs of such removal and disposition to be charged against the owner and the subject property. The notice shall also advise the owner of the subject property that the owner may be personally liable for such costs in an action by the Town. B. The notice, when it includes provisions pursuant to Subsection A , shall also advise the owner of the subject property that the owner shall be entitled to a hearing before a review board comprised of three members from the Town, being the Zoning Officer, the Chairman of the Planning Commission and the Chairman of the Zoning Board of Appeals, on any matter the owner wishes to address relating to the existence of the violations of this chapter and the removal thereof from the subject property. The request for a hearing before the review board must be made in writing by the owner of the subject property prior to the expiration of the five-day notice period. The request must be in writing, directed to the Town Building Inspector/Code Enforcement Officer. If a hearing is not requested, the Town shall be entitled to go upon the property upon the expiration of the notice period and, utilizing either Town personnel or independent contractors, correct the violation. If a hearing is requested by the owner of the subject property, it shall be held within 10 days of the date on which the request is received by the Town. At the hearing, the owner shall be advised of the amount of money which it is estimated will be expended by the Town to correct the violation. The owner of the subject property will be responsible for the payment of that amount and that said amount will be assessed as a lien against the property. At the conclusion of the hearing, the review board shall determine if corrective measures by the Town should proceed at the expiration of the respective notice period, and the cost thereof shall be collected from the owner of the subject property or charged against the subject property as hereinbefore mentioned. C. The owner shall have five additional days to correct the violation beyond the original notice period, in the event that a hearing is held at the request of the owner of the subject property and the owner receives the written decision of the review board. If the owner of the subject property defaults in the removal of the violation, the Town shall be entitled to go upon the subject property and, utilizing either Town personnel or independent contractors, to correct the violation. D. The determination of the review board of the Town shall be subject to review in an Article 78 proceeding. E. All relative costs to correct the violation by the Town may be collected from the owner of the subject property in a civil action therefor by the Town. In addition thereto, or in lieu thereof, such costs may be assessed as a lien against the subject property of the owner and enforced in accordance with the procedure prescribed in Article 3 of the Lien Law for the enforcement of mechanics' liens on real property. F. If any person shall fail to maintain real property in accordance with Chapter 265 above, the Code Enforcement Officer may authorize the work to be performed, the cost of which shall be borne out of the Town's general fund.
Rotterdam, N.Y., Code of Ordinances ch. 265 § 265-15 establishes a process by which the Town can step in and correct property violations when an owner fails to act within a five-day notice period. The owner has the right to request a written hearing before a three-member review board within that same five-day window, which can extend the correction deadline by an additional five days. Regardless of whether a hearing is held, any costs the Town incurs to remedy the violation can be recovered through a civil action against the owner or assessed as a lien on the property itself.
Plain English — not legal advice.
Under Rotterdam, N.Y., Code of Ordinances ch. 265 § 265-15, property owners who receive a violation notice generally have five days to correct the issue before the Town may intervene using its own personnel or contractors. Compliant operators typically respond promptly to notices, and if they wish to contest a violation, they submit a written hearing request to the Town Building Inspector/Code Enforcement Officer before the five-day period expires. Owners should be aware that all Town-incurred remediation costs can be charged against them personally or placed as a lien on the property, and that review board decisions are subject to challenge through an Article 78 proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Rotterdam, N.Y., Code of Ordinances ch. 265 § 265-15 primarily governs the Town's enforcement relationship with property owners, but tenants may have an interest in understanding how it works when property conditions go unaddressed. When a landlord fails to correct violations, the Town has authority to perform the work itself and recover costs from the owner, which can be a meaningful enforcement backstop for habitability or maintenance issues covered by Chapter 265. Tenants who believe a property owner is not complying with Chapter 265 may consider contacting the Town's Code Enforcement Officer or reaching out to a local tenant-rights organization to understand what options may be available.
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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