Fulton, N.Y., Code of Ordinances ch. 475 § 475-58
Power to act in emergencies
Operative Text
A. Whenever the Bureau Chief finds that a violation of this chapter exists which, in his opinion, requires immediate action to abate a hazard or constitutes an immediate danger to the health, safety or welfare of the occupants of a building or the public, he may, without prior notice of hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Notwithstanding any other provisions of this chapter, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided. B. If the owner or person responsible for the property fails to comply with the order, and as a result it would be necessary to declare the apartment or building unfit, per § 475-55 of this chapter, the Bureau Chief may have the owner's duties discharged by private contractors. It shall be the personal obligation of the owner to reimburse the City for its expenses incurred in discharging said owner's duties. The expense incurred by the City hereunder, plus a thirty-five-percent surcharge of such amount, not to exceed $2,000, shall be charged to and paid by the owner. All expenses, costs and other charges incurred by the City of Fulton, including legal expenses, shall be deemed a lien against the subject real property. The Bureau Chief shall file with the Clerk/Chamberlain a statement of the items of expense, including the surcharge authorized hereunder, and the date of execution of actions authorized thereunder. The Clerk/Chamberlain shall proceed to collect said sums owing the City by placing expenses on the next due tax bill.
Section 475-58 of Fulton, N.Y., Code of Ordinances ch. 475 grants the Bureau Chief authority to issue an immediate emergency order—without prior notice or hearing—when a housing violation poses an urgent hazard to occupants or the public. If the responsible owner fails to comply and the situation would require declaring the property unfit under § 475-55, the City may hire private contractors to carry out the necessary work. The owner is then personally liable to reimburse the City for those costs, plus a surcharge of 35% of the expense (not to exceed $2,000 total surcharge), and any unpaid amounts become a lien on the property collected through the owner's tax bill.
Plain English — not legal advice.
Under § 475-58, property owners in Fulton, N.Y. should be aware that the Bureau Chief can issue an emergency compliance order that takes effect immediately upon service, bypassing the usual notice-and-hearing process. Compliant operators generally respond to such orders without delay, since failure to act can result in the City engaging private contractors and billing the owner for all resulting costs plus a 35% surcharge—charges that can become a lien on the property and appear on the next tax bill. Maintaining properties in a condition that prevents emergency-level violations is the most straightforward way to avoid exposure under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 475-58 provides occupants and the public a meaningful protection: when the Bureau Chief determines that a violation creates an immediate danger to health, safety, or welfare, an emergency order can be issued and must be complied with right away, without waiting for a formal hearing. If an owner ignores such an order and the building or apartment risks being declared unfit under § 475-55, the City has the authority to step in and have the hazard addressed directly. Tenants who believe an emergency condition exists in their building may contact the Fulton Bureau Chief's office to report the hazard, and may also seek guidance from a local tenant-rights organization about available options.
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 In
Rules and statutes that cite this regulation