Canandaigua, N.Y., Code of Ordinances ch. 748 § 748-4
Applicability
Operative Text
Where a provision of this chapter is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire, safety, health, water supply or sewage disposal law or ordinance, or regulations adopted pursuant thereto, or other local law, ordinance, code, or regulations, the provision or requirement which establishes the higher standard shall govern and prevail.
Section 748-4 of Canandaigua's Code of Ordinances establishes a conflict-resolution rule: when this chapter's requirements clash with those of another local code—such as zoning, building, fire, health, or plumbing regulations—whichever standard is stricter automatically takes precedence. The provision does not eliminate either rule; it simply determines which one controls when the two cannot both be satisfied. This hierarchy applies across a broad range of regulatory categories, ensuring that the more protective or demanding requirement governs in any overlap.
Plain English — not legal advice.
Under § 748-4, property owners and managers operating in Canandaigua must be aware that compliance with one local code does not guarantee compliance with all applicable codes. A compliant operator typically reviews all overlapping regulatory requirements—zoning, building, fire, health, plumbing, and others—and applies whichever standard is most stringent when conflicts arise. Keeping records of how conflicting requirements were identified and resolved can support a showing of good-faith compliance across multiple code frameworks.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 748-4 means that tenants in Canandaigua may benefit from the stricter of two overlapping local standards, even if a landlord points to a less demanding rule as justification for a condition. If a housing condition appears to fall short of what any applicable local code requires, tenants can report concerns to the relevant local enforcement office or consult a tenant-rights organization to understand which standard applies. Because multiple regulatory frameworks may interact under § 748-4, understanding which code sets the higher bar can be an important part of evaluating a potential violation.
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.
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