North Tonawanda, N.Y., Code of Ordinances ch. 51D § 51D-13
Appeals
Operative Text
A. Any person affected by any notice or order which has been issued under any provision of this chapter or of any rule or regulation adopted pursuant thereto may request a hearing with the City Attorney. Any such appeal shall be in the form of a written petition from such person and shall contain a brief statement of the grounds of their appeal. At said hearing such person shall be given an opportunity to show why such notice or order should be modified or withdrawn. No such hearing shall be required unless the written petition is received by the Building Department or City Attorney within five days after the date the notice or order was issued. After such hearing, the City Attorney may sustain, modify, or withdraw the notice or order complained of by the petitioner, depending upon their findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. After any such hearing, in the case of any notice or order has been suspending any permit required by this chapter, when such notice is sustained by the City Attorney, such suspended permit shall be deemed to have been revoked. The results of the hearing, including the findings and the decision of the City Attorney shall be reduced to writing and entered as a matter of public record with the City Clerk. Such records shall also include a copy of every notice or order issued in connection with the matter. In the event of a decision from the City Attorney that upholds any denials, revocations, suspensions or fines, the Petitioner may request a review of said decision with the Mayor. Said request for review shall be in the form of a written request and received by the Mayor's Office no later than five days after the issuance of the City Attorney's decision. B. No provision or requirement herein contained for a review shall in any way whatsoever affect or impair the right of the Code Enforcement Office to at any time bring such legal proceedings, actions, or prosecutions as otherwise or elsewhere are permitted by law or ordinance. C. Whenever the Code Enforcement Office finds that an emergency exists which requires immediate action to protect the public health, he/she may, without notice or review, issue an order reciting the existence of such an emergency and requiring that such action be taken as he/she deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such an order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon written petition to the Code Enforcement Office, shall be afforded a review as soon as possible. After such review, depending upon his/her finding as to whether the provisions of this chapter and the rules and regulations adopted pursuant thereto have been complied with, the Code Enforcement Office shall continue such order in effect or modify or revoke it.
Section 51D-13 of North Tonawanda's Code of Ordinances establishes a formal appeals process for anyone affected by a notice or order issued under Chapter 51D. A written petition must be filed with the Building Department or City Attorney within five days of the notice or order, after which the City Attorney holds a hearing and may sustain, modify, or withdraw the original action. If the City Attorney's decision is unfavorable, the petitioner may seek further review by the Mayor within five days of that decision. In genuine emergencies, the Code Enforcement Office may issue an immediate order without prior notice, though affected parties retain the right to request a review afterward.
Plain English — not legal advice.
Under § 51D-13, property owners and managers who receive a notice or order under Chapter 51D should be aware that a five-day window exists to file a written petition with the Building Department or City Attorney requesting a hearing. Compliant operators typically document all correspondence related to notices and orders and track deadlines carefully, since missing the five-day filing window forecloses the formal hearing process. If the City Attorney upholds the original action, operators can pursue a second level of review through the Mayor's Office, again within five days of that decision. Emergency orders issued by the Code Enforcement Office under § 51D-13(C) require immediate compliance, though a written petition for review may still be submitted afterward.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 51D-13 gives tenants and other affected persons the right to contest any notice or order issued under Chapter 51D by submitting a written petition to the Building Department or City Attorney within five days of the order's issuance. At the resulting hearing, the petitioner has the opportunity to present reasons why the notice or order should be changed or withdrawn, and the City Attorney's written decision becomes part of the public record with the City Clerk. If the City Attorney's ruling is unfavorable, § 51D-13 allows for a further written request for review by the Mayor, which must be received within five days of that decision. Tenants navigating this process may benefit from consulting a local tenant-rights organization or legal aid office to understand how these timelines and procedures apply to their circumstances.
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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