Canandaigua, N.Y., Code of Ordinances ch. 748 § 748-31
Order to vacate
Operative Text
Whenever an order with the notice of intent to vacate as provided in § 748-30 of this chapter has not been complied with or where procedures under § 748-20 this chapter have not been invoked, or if the Code Enforcement Officer, with the concurrence of either the Health Officer or Fire Chief determines that an immediate and serious threat to health and safety exists, the Code Enforcement Officer may order the dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit to be vacated. A copy of such order to vacate shall be served on the owner agent, operator and the occupant as provided in § 748-14 of this chapter.
Section 748-31 of Canandaigua's Code of Ordinances authorizes the Code Enforcement Officer to order a residential property vacated under specific circumstances: when a prior notice of intent to vacate under § 748-30 has not been followed, when the appeal procedures available under § 748-20 have not been used, or when the Code Enforcement Officer—together with either the Health Officer or Fire Chief—determines that an immediate and serious threat to health and safety exists. The order applies to dwellings, dwelling units, lodging houses, lodging units, rooming houses, or rooming units. Once issued, a copy of the vacate order must be formally served on the owner, agent, operator, and occupant in accordance with § 748-14.
Plain English — not legal advice.
Property owners and operators subject to Canandaigua's housing code generally stay ahead of § 748-31 vacate orders by promptly addressing any notice of intent to vacate issued under § 748-30 and, where appropriate, invoking the appeal or compliance procedures available under § 748-20. Compliant operators typically maintain properties free of conditions that could be deemed an immediate and serious threat to health or safety, since such a finding—made jointly by the Code Enforcement Officer and either the Health Officer or Fire Chief—can trigger an emergency vacate order without prior notice. Ensuring that all required parties, including agents and operators, are reachable for service of any official correspondence under § 748-14 is also a standard practice for well-managed properties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 748-31, tenants living in a dwelling, dwelling unit, lodging house, or rooming unit in Canandaigua have the right to receive formal notice of any vacate order, which must be served on occupants in the manner described in § 748-14. If a vacate order is issued, tenants may wish to review whether the underlying conditions were properly determined and whether the procedures outlined in §§ 748-20 and 748-30 were followed. Tenant-rights organizations or legal aid services familiar with New York housing law can help occupants understand their options, including any available avenues to contest or respond to such an order.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation