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Amherst, NY Property Maintenance: Property Blight (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Enforcing agency
Building Commissioner
Applies
Outside Village of Williamsville only
Notice filed with
Erie County Clerk
Notice effective period
1 year unless vacated
Penalty
Up to $150 fine or 15 days jail
Cost recovery
Lien via Assessor and Town Board

Summary

Outside the Village of Williamsville, Amherst's Building Commissioner inspects any structure that is severely deteriorated, collapsed, or in danger of collapsing and files a report with the Town Clerk under Property Maintenance Code § 151-3. Owners get formal notice and a Town Board hearing before repair, securing, or removal is ordered, and immediate hazards can be fenced off or vacated on the spot.

Whenever it appears that a building or structure is so severely deteriorated or damaged by any cause, collapsed or in danger of collapsing, or that the state of construction is such that the building or structure has become or is in danger of becoming dangerous or unsafe to the public, the Building Commissioner shall cause it to be inspected. If the Commissioner then finds that the condition of the building or structure is such that it is dangerous or unsafe to the public, he shall file a report with the Town Clerk setting forth that fact giving the particulars supporting his conclusion and stating the action required to be taken to make the building or structure safe and secure or requiring its removal and reporting any action taken by him pursuant to § 151-8.

Full Breakdown

Chapter 151, Article I finds that severely deteriorated, damaged, or collapsing buildings and open excavations endanger the public and directs the Town Board to establish a removal and abatement procedure (§ 151-1); the chapter applies within the Town outside the Village of Williamsville (§ 151-2). Under § 151-3, the Building Commissioner must inspect a reported structure and, if it is dangerous or unsafe, file a report with the Town Clerk stating the required corrective action. A notice then goes to the owner personally or by registered mail, with a copy posted on the premises if mailed (§ 151-4); it must describe the premises by tax account number, state the defect, order repair, securing, or removal, and announce a Town Board hearing (§ 151-5).

The notice is filed in the Erie County Clerk's office with the effect of a notice of pendency and stays in force for one year unless a court or the Town Attorney vacates it earlier (§ 151-6). After the hearing, the Town Board can vacate or modify the Commissioner's order, or direct that the building be repaired, secured, or removed and any excavation filled (§ 151-7). Where the Commissioner finds an immediate hazard, he may order the building vacated pending a new certificate of occupancy, close an abutting street or sidewalk, erect barricades, or take other protective action without waiting for the hearing (§ 151-8).

If the Town itself performs the work, the cost is assessed against the property through an Assessor's hearing and certified to the Erie County Legislature for levy as a lien collected with Town taxes (§§ 151-17, 151-18).

Violations & Fines

Occupying or using a building after the Commissioner orders it vacated under § 151-8, or otherwise defying that order, violates Chapter 151 and is punishable under § 151-9 by a fine of up to $150 or up to 15 days' imprisonment, or both, for each day the violation continues. Where the Town performs the repair, securing, removal, or excavation fill itself, the expense becomes a lien on the property, collected in the same manner as other Town taxes.

Frequently Asked Questions

Who decides if an Amherst building is dangerous?
The Building Commissioner inspects the structure and, if it is severely deteriorated, collapsed, or in danger of collapsing, files a report with the Town Clerk stating what corrective action is required under § 151-3.
Does the owner get a hearing before Amherst acts?
Yes. After notice is served and filed with the Erie County Clerk under §§ 151-4 through 151-6, the Town Board holds a hearing under § 151-7 before ordering repair, securing, or removal, unless the condition is an immediate hazard.
Can Amherst act before a hearing happens?
Yes. Under § 151-8, if the Commissioner finds an immediate hazard he can order the building vacated, close the street or sidewalk, or erect barricades right away, without waiting for the Town Board hearing.
What is the penalty for ignoring a vacate order?
Using or occupying a building after a § 151-8 vacate order, before a new certificate of occupancy issues, is punishable under § 151-9 by a fine up to $150 or up to 15 days in jail, or both, for each day it continues.

Sources & Official References

Other rules in Amherst

All Amherst rules

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