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Hamburg Village, NY Property Maintenance: Property Blight (2026)

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

Key Facts

Who decides
Board of Trustees, by resolution, after the Code Enforcement Officer's written report
Start deadline
Within 20 days of service of the notice
Completion deadline
Within 60 days after the start period, unless Board of Trustees sets another
Hearing
Not less than five business days after service
Weekly fine
$250 for each week the owner remains in violation
Cost recovery
Added to next Village tax assessment roll for the parcel

Summary

Chapter 127 of the Village of Hamburg Code lets the Board of Trustees order a dangerous or unsafe building repaired or demolished. Work must start within 20 days of service of the notice and finish within 60 days after that, unless the Board of Trustees sets another period for good cause. The owner faces a $250 fine for each week of violation plus the village's costs.

The notice shall contain the following: ... D. An order requiring that the necessary repairs or improvements to make the building or structure safe and secure, or the demolition of the building or structure, shall commence within 20 days of the service of the notice and shall be completed within 60 days thereafter unless, for good cause shown, the Board of Trustees shall specify a period of time other than 60 days for such completion. E. A date, time and place for a hearing before the Board of Trustees in relation to such dangerous or unsafe building or structure, which hearing shall be scheduled not less than five business days from the date of the service of the notice. ... G. That, in addition to any other remedies, the owner could be liable for a fine of $250 for each week that the owner remains in violation of this chapter.

Full Breakdown

Section 127-1 of the Village of Hamburg Code deems a building or structure unsafe or dangerous if it has any listed defect: walls or vertical members that list, lean, or buckle past the middle third of the base, improperly distributed or overloaded floors or roofs, damage by fire, wind, or other causes, dilapidation or decay that makes it unfit for human habitation, inadequate light, air, and sanitation, inadequate egress in case of fire or panic, parts attached so they can fall and injure the public, or existence in violation of Chapter 123 or any other provision of the Village Code or New York State law.

The process starts with the Code Enforcement Officer, who makes a formal inspection and reports in writing to the Board of Trustees with findings and recommendations on repair or demolition (§ 127-2A). The Board of Trustees then decides by resolution whether the building is unsafe or dangerous and orders repair or demolition (§ 127-2B). Notice is served on the owner and others with an interest, shown by the latest assessment roll, by personal service, or by registered mail plus a copy securely affixed near the principal entrance (§ 127-3). The notice carries a hearing before the Board of Trustees scheduled not less than five business days after service (§ 127-4E), and a copy is filed with the Erie County Clerk and indexed like a notice of pendency (§ 127-6).

If the owner fails to comply after the hearing, the Village Board secures or demolishes the building by Village employees or by contract, with competitive bidding where state law requires it, except in certified emergencies (§ 127-5). Costs recoverable from the owner include attorney fees, engineering fees, securing, demolition, or repair costs, notice costs, and title searches. They are added to the next assessment roll for Village taxes, or collected in a special proceeding under Article 4 of the Civil Practice Law and Rules (§ 127-7). In an emergency, § 127-8 lets the Code Enforcement Officer, after the Superintendent of Public Works and the officer determine immediate danger, act at once, require occupants to vacate, and barricade sidewalks and streets.

Violations & Fines

Under § 127-9, violating Chapter 127, removing notices without authorization, or interfering with officials is an offense punishable by a fine not exceeding $250 or imprisonment not exceeding 15 days, or both, and each week the violation continues is a separate offense. Section 127-4G also warns the owner of a $250 fine for each week of violation, on top of the Village's securing and demolition costs assessed against the property.

Frequently Asked Questions

What makes a building dangerous under Village of Hamburg law?
Section 127-1 lists nine defects, including walls that lean or buckle past the middle third of the base, overloaded floors or roofs, fire or wind damage, dilapidation that makes the building unfit for habitation, inadequate egress in case of fire, parts that can fall onto the public, and existence in violation of Chapter 123 or other Code or state law.
How much time does an owner have to fix or demolish a dangerous building?
The notice orders repairs or demolition to commence within 20 days of service and to be completed within 60 days thereafter, unless for good cause shown the Board of Trustees specifies a period other than 60 days (§ 127-4D). The hearing is scheduled not less than five business days after service.
Who pays if the Village demolishes the building?
The owner. Section 127-7 makes all costs of enforcement recoverable from the owner, including attorney fees, engineering fees, securing, demolition, removal, or repair costs, notice costs, and title searches. The costs are added to the next Village tax assessment roll for the parcel or recovered in a special proceeding.
Can the Village act without waiting for a hearing?
Yes, in an emergency. Section 127-8 applies when the Superintendent of Public Works and the Code Enforcement Officer determine there is actual immediate danger of falling or collapsing. The officer can order the necessary work, including demolition, require occupants to vacate, and barricade sidewalks and streets, with costs recovered under the chapter.

Sources & Official References

Other rules in Hamburg Village

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