Phoenix, N.Y., Code of Ordinances ch. 148 (eCode360 ed. 2026) § 148-8
Notice; reimbursement of costs; assessment upon real property
Operative Text
In the event of any action or proceeding commenced by Village, service by certified or registered mail, return receipt requested, upon the property owner or agent, at the last designated address, shall be deemed good and sufficient service and shall be legally sufficient in lieu of any requirement of service of process under the New York Civil Practice Law and Rules or Real Property Actions and Proceedings Law . The Village shall be reimbursed for the expenses (including without limitation legal fees, costs and disbursements incurred) of such action or proceeding commenced by direction of the Village Board and in addition, for the costs of any mitigation, remediation, repair, replacement or maintenance required hereunder or as a result of a violation of any other Village Code provision pertaining to the rental unit or premises of which it is part, plus a twenty-percent administration cost, by assessment and levy upon the lots or parcel of land the rental unit is situate, and the expenses so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges.
Section 148-8 of Phoenix, N.Y., Code of Ordinances ch. 148 establishes how the Village handles service of legal notices and recovers its costs when it takes action related to rental property violations. When the Village initiates an action or proceeding, mailing notice by certified or registered mail with return receipt to the property owner's last known address is treated as legally valid service. Any expenses the Village incurs — including legal fees, mitigation, remediation, repair, or maintenance costs, plus a twenty-percent administrative surcharge — are assessed directly against the land where the rental unit sits, creating a lien on the property that remains until the debt is paid or resolved.
Plain English — not legal advice.
Under § 148-8, property owners and managers should ensure that their current mailing address is accurately on file with the Village, because certified or registered mail to the last designated address constitutes legally sufficient service for any Village-initiated action. If the Village undertakes remediation, repairs, or legal proceedings related to a rental unit or its premises, the full cost — including legal fees, disbursements, and a twenty-percent administration charge — can be assessed as a lien against the property itself. Compliant operators generally stay current on Village Code requirements for rental units to avoid triggering the cost-recovery and lien mechanisms described in § 148-8.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 148-8 primarily governs the Village's relationship with property owners, but tenants should be aware that it reflects the Village's authority to act when rental units fall out of compliance with local code provisions. If a landlord's failure to maintain a rental unit prompts Village action, the costs of remediation or repair are ultimately charged back to the property — not to tenants — through a lien mechanism. Tenants who believe their unit has code violations may consider contacting the Village directly or reaching out to a local tenant-rights organization to understand what enforcement options exist under ch. 148 § 148-8 and related Village Code provisions.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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