Suffern, N.Y., Code of Ordinances ch. 162 (eCode360 ed. 2026) § 162-12
Notice of violations; hearings; emergencies; vacation or demolition
Operative Text
A. Notices of violation. (1) Form and service of notice. (a) Whenever the Housing Inspector determines that there has been a violation of any provision of this chapter, he shall give notice of such violation to the person or persons responsible therefor and order compliance with this chapter as hereinafter provided. Such notice and order shall be in writing on an appropriate form and shall include: [1] A list of the violations, with reference to the section of the chapter violated, and an order as to the remedial action required to effect compliance with this chapter. [2] Specification of a reasonable time for performance. [3] Advice concerning the procedure for appeal. (b) Such notice and order shall be served upon the owner, occupant or agent in person; provided, however, that the notice and order shall be deemed to be properly served if such owner, occupant or agent is sent a copy thereof by registered mail to his last known address and a copy is posted in a conspicuous place in or on the dwelling affected. (2) Whenever the Housing Inspector determines that a dwelling is a dangerous dwelling, as defined in § 162-10 , he shall: (a) Affix upon the door or entrance to such dwelling a printed placard declaring that such dwelling is unfit for human habitation and is ordered vacated. No person shall deface or remove such placard from any dwelling which has been condemned as unfit for human habitation and placarded as such. The Housing Inspector shall remove the placard whenever the defect or defects upon which the condemnation and placarding were based have been eliminated. (b) Serve notice, as provided herein, to the owner and occupant or lessee of any building found by him to be a dangerous dwelling within the standards set forth in § 162-10 that: [1] The owner must vacate and repair or demolish said building in accordance with the terms of the notice and this chapter. [2] The occupant or lessee must vacate said building or, with the consent of the owner, may order it vacated in accordance with the notice and order and remain in possession. B. Hearings. (1) Any person affected by a notice and order issued in connection with the enforcement of this chapter may request and shall be granted a hearing on the matter before the Housing Board of Review, provided that such person shall file in the office of the Housing Inspector a written petition requesting the hearing and setting forth his name, address, telephone number and a brief statement of the grounds for the hearing of for the mitigation of the order. Such petition shall be filed within 10 days after the date the notice and order are served. Upon receipt of the petition, the Housing Inspector shall set a time and place for a hearing before the Housing Board of Review and shall give the petitioner written notice thereof. Said hearing shall be held within a reasonable time after a petition has been filed, and the petitioner shall be given an opportunity to be heard and to show cause why the notice and order should be modified or withdrawn. The failure of the petitioner or his representative to appear and to state his case at such hearing shall have the same effect as if no petition were filed. (2) After the hearing, the Housing Board of Review, by a majority vote, shall sustain, modify or withdraw the notice, depending on its findings as to whether the provisions of this chapter have been complied with, and the petitioner and the Housing Inspector shall be notified, in writing, of such findings. (3) The proceedings of the hearing, including the findings and decision of the Housing Board of Review and the reasons thereof, shall be summarized in writing and entered as a matter of public record in the office of the Village Clerk. Such record shall also include a copy of every notice and order issued in connection with the case. C. Orders to vacate. (1) Where a notice of violation and order to comply have been served pursuant to this chapter and upon reinspection at the end of the time specified in compliance and if no petition for a hearing has been filed, if it is found that the violation or violations have not been remedied, the Housing Inspector may order the dwelling or parts thereof affected by the continued violations vacated in accordance with the following procedure: (a) Dwellings shall be vacated within a reasonable time, not to exceed 60 days. (b) Vacated dwellings shall have all outer doors firmly locked and basement, cellar and first-story windows barred or boarded to prevent entry. (c) Vacated dwellings shall not again be used for human habitation until written approval is secured from the Housing Inspector. (2) If a dwelling or part thereof is not vacated within the time specified in the order of vacation, the Housing Inspector shall seek a court order in a court of competent jurisdiction for the vacation of such dwelling or part thereof. D. Emergency order. Whenever the Housing Inspector finds that an emergency exists which requires immediate action to protect the health and safety of the residents or of the public, he may issue an order so stating, and, notwithstanding any other provision of this chapter, such order shall take effect and shall be complied with immediately. Upon petition to the Housing Board of Review, the petitioner shall be afforded a hearing pursuant to Subsection B of this section. E. Vacation and demolition. (1) If the owner, occupant or lessee fails to comply with the order of the Housing Inspector or the action of the Housing Board of Review after hearing, the Housing Inspector shall cause such dwelling or part thereof to be vacated and repaired or demolished as the facts may warrant and shall, with the assistance of the Village Attorney, cause the costs of such repair or demolition to be charged against the land on which the building existed as a lien on the property, said charge to be included on the real property tax or to be recovered in a suit of law against the owners. (2) In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous dwelling, as defined herein, is immediately vacated and repaired or demolished, the Housing Inspector shall cause its immediate vacation and repair or demolition. The costs of such emergency repair or demolition shall be collected in the same manner as provided in Subsection E(1) of this section.
Section 162-12 of Suffern's Code of Ordinances establishes the full enforcement cycle for housing violations, from initial written notice through hearings, vacation orders, and demolition. When the Housing Inspector identifies a violation, a written notice is issued specifying what must be fixed and by when; if the property is deemed dangerous, it may be placarded as unfit for habitation. Owners, occupants, or agents who disagree may petition for a hearing before the Housing Board of Review within 10 days of service. If violations remain unaddressed and no appeal is pending, the Inspector can order the dwelling vacated, and in extreme cases arrange for repair or demolition at the owner's expense, with costs recoverable as a lien on the property.
Plain English — not legal advice.
Under § 162-12, a compliant property owner responds promptly to any written notice of violation issued by the Housing Inspector, addressing each cited deficiency within the specified timeframe. If an owner believes a notice is unwarranted or seeks modified terms, filing a written petition with the Housing Inspector's office within 10 days of service preserves the right to a hearing before the Housing Board of Review. Operators generally keep records of all correspondence, repairs made, and reinspection results, since unresolved violations can escalate to mandatory vacation orders or, ultimately, repair or demolition costs charged as a lien against the property under § 162-12(E).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 162-12 gives occupants and lessees the right to receive written notice of any housing violation affecting their dwelling, including a list of violations, required remedial actions, and appeal procedures. If a dwelling is declared dangerous and placarded as unfit for habitation, tenants are entitled to notice and, in some circumstances, may remain in possession with the owner's consent while repairs are made. Tenants who receive a notice and order under § 162-12 may also file a petition for a hearing before the Housing Board of Review within 10 days; tenant-rights organizations or legal aid services can help clarify what options may be available in a given situation.
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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