Amherst, N.Y., Code of Ordinances ch. 151 (eCode360 ed. 2026) § 151-52
Penalties for offenses
Operative Text
A. Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this article. B. Notice of violation. The code official shall serve a notice of violation or order in accordance with § 151-53 . C. Prosecution of violation. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this article or of the order or direction made pursuant thereto. D. Violation penalties. Any person who shall violate a provision of this article or fail to comply therewith or with any of the requirements thereof shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Any person, occupant, operator or owner who violates any provision of this article or any regulation contained herein is guilty of an offense punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both. E. Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the code official of the Town of Amherst from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. If the owner of a premises fails to comply with an abatement or correction order within the time prescribed, the code official shall cause the violation to be corrected or abated, either through an available public agency or by contract or arrangement with private persons, and the cost of such correction or abatement shall be charged against the real estate upon which the violation is located and shall be a lien upon such real estate. The assessment of costs shall be administered in accordance with the procedures set forth in Article V of this chapter.
Amherst, N.Y., Code of Ordinances ch. 151 § 151-52 establishes that any conflict with or violation of the article's provisions is unlawful. When a violation is found, the code official issues a notice, and if that notice goes unheeded, the town may pursue legal action to correct or stop the violation. Each day a violation continues after notice is served counts as a separate offense, and penalties can include a fine of up to $250, up to 15 days of imprisonment, or both. The town also retains the authority to physically abate a violation itself and charge the cost as a lien against the property.
Plain English — not legal advice.
Property owners and operators subject to Amherst, N.Y., Code of Ordinances ch. 151 § 151-52 generally maintain their structures and operations in full compliance with the article's requirements so that no notice of violation is issued. Because each day of continued non-compliance after notice is served constitutes a separate offense, compliant operators address any cited deficiency promptly and document their corrective actions. Operators are also aware that if an abatement order goes unmet, the town may arrange for corrections through a public agency or private contractor and place the resulting costs as a lien on the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Amherst, N.Y., Code of Ordinances ch. 151 § 151-52, tenants living in a structure that may be in violation of the article's provisions have an interest in knowing that the town's code official holds authority to issue notices of violation and pursue legal or equitable remedies to correct unsafe or unlawful conditions. Tenants who believe a property is out of compliance may consider contacting the Amherst code enforcement office to report conditions and request an inspection. Tenant-rights organizations and legal aid services can help explain how this provision interacts with other housing protections and 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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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Rules and statutes that cite this regulation