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Rochester, NY Property Maintenance: Vacant Lot Maintenance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Duty
keep lot safe, sanitary, free of weeds/refuse
Citation
Rochester City Code § 90-17(B)(2)
Cure window
5 days after Commissioner's notice
Enforcing office
Commissioner, Neighborhood and Business Development
Cost recovery
billed to owner, can become a tax lien
Older parallel ban
§ 89-11 noxious weeds, up to $150 fine

Summary

Rochester requires every vacant lot owner to keep the lot in a safe and sanitary condition and free of refuse, high grass and overgrown weeds under Property Code § 90-17(B)(2). The Commissioner of Neighborhood and Business Development identifies noncompliant lots through inspections and complaints and can order the City to clear them at the owner's expense.

(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. ... D. Standards of safety and sanitation. A vacant building or lot is neither safe nor sanitary when any of the following conditions exist: ... (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.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4935326; v86 updated 2026-06-16; through 06-16-2026).

Full Breakdown

Under Chapter 90, Article I of the Property Code, a 'vacant lot' is defined as a lot, other than parkland, that is not improved by a structure and is not regularly maintained (§ 90-17(A)(2)). Section 90-17(B)(2) makes it the duty of every vacant lot owner to keep the lot safe, sanitary and free of refuse, high grass and overgrown weeds. Section 90-17(D) spells out when a lot fails that standard: poor structural condition of any remaining structures, fire hazards, or any Property Code violation that endangers health, safety or public welfare.

The Commissioner runs an identification program built from department inspections, complaints and interdepartmental referrals (§ 90-17(C)(1)), then mails notice to the owner's address of record with the Bureau of Assessment specifying the violated Code sections (§ 90-17(C)(2)). An owner who does not comply within five days of that notice can have the work done by City employees or contractors and billed for the cost (§ 90-17(C)(3)(a)); a repeat violator can be redone at the owner's expense without further notice. Separately, the older Chapter 89, Care of Property, independently bans specific noxious weeds, including poison ivy, poison oak, thistles and burdocks, on any vacant lot at all times (§ 89-11), backed by its own fine of up to $150 or up to 15 days' imprisonment, or a civil penalty of $5 to $500 (§ 89-12).

The two provisions overlap in practice: the Property Code duty is broader (general safety/sanitation plus grass and weeds) while the Care of Property ban targets a specific list of noxious plants.

Violations & Fines

Ignoring the five-day cure notice lets the Commissioner send City employees or contractors to clear the lot and bill the owner directly; the cost becomes the owner's personal obligation and, if unpaid, can be added to the property's tax bill. Further enforcement runs through Chapter 52, Enforcement Procedures. A separate Chapter 89 weeds violation carries a fine up to $150, up to 15 days in jail, or a civil penalty of $5 to $500.

Frequently Asked Questions

Who enforces Rochester's vacant lot maintenance rule?
The Commissioner of Neighborhood and Business Development identifies noncompliant lots through department inspections, complaints, and other City departments, then mails the owner notice at the address on file with the Bureau of Assessment specifying which Code sections are violated, per § 90-17(C)(1)-(2).
What happens if I don't clear my vacant lot after getting notice?
If you don't comply within five days of the Commissioner's notice, City employees or contractors can clear the lot for you, and you're billed for the cost as a personal obligation that can be added to your property tax bill if unpaid, under § 90-17(C)(3)(a).
Does Rochester define what makes a vacant lot unsafe or unsanitary?
Yes. Section 90-17(D) lists poor structural condition of remaining structures, fire hazards, and any Property Code violation that endangers health, safety or public welfare as conditions that make a vacant lot neither safe nor sanitary.

Sources & Official References

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