Port Jefferson, N.Y., Code of Ordinances ch. 161 (eCode360 ed. 2026) § 161-35

Emergencies

In Force
Verified 11/10/2026 · Next check 12/10/2026
Port JeffersonHabitability & Repair

Operative Text

Port Jefferson, N.Y., Code of Ordinances ch. 161 (eCode360 ed. 2026) § 161-35
A. Power to act in emergencies. Whenever the Building Inspector finds a violation of this chapter which, in his opinion, requires immediate action to abate a direct hazard or immediate danger to the health or safety of the occupants of a building or of the public, he may, without prior notice or 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. Such order may include an order to vacate as provided in § 161-41C . Notwithstanding any other provision of this chapter, such an order shall be effective immediately upon service and shall be complied with immediately. B. Agency to abate hazards in emergencies. Whenever any violation of this chapter which, in the opinion of the Building Inspector, causes a direct hazard or immediate danger to the health and safety of the occupants of a building or the public has not been corrected in the time specified by the order issued under Subsection A above, the Building Inspector may take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in Subsection C below. C. Recovery of expenses. The expenses incurred pursuant to Subsection B above shall be paid by the owner or occupant of the premises or by the person who caused such violation to exist, as follows: (1) The Building Inspector shall file among his records an affidavit, stating accurately the items of expenses and the date of execution of actions authorized under Subsection B above. A copy of such affidavit shall be served upon the owner or occupant of the premises as provided in § 161-34 of this chapter. (2) Within 10 days thereafter the owner or occupant upon whom such affidavit has been served may file with the Board of Trustees a written request for a hearing to contest any items of expenses set forth in the affidavit of the Building Inspector. If such request is not received within 10 days, the affidavit of the Building Inspector shall be final and binding upon the owner or occupant. The Board of Trustees shall set the time and place for such hearing and shall give the applicant at least 10 days' written notice thereof. Such hearing shall commence not later than 30 days after the date on which the request was filed; however, hearings may be postponed beyond such thirty-day period for good and sufficient reason. (3) At such hearing, the applicant or his representative shall be given an opportunity to show cause why the items of expenses listed in the affidavit of the Building Inspector are not accurate. The Board of Trustees may sustain or modify any items of expenses listed in said affidavit. (4) The Building Inspector may institute an action to recover such expenses against any person liable therefor or may cause a report setting forth all items of expense incurred under Subsection B , to be filed with the Board of Trustees of the Incorporated Village of Port Jefferson. (5) The Board of Trustees, after a public hearing and notice to the owner or occupant of the premises, may cause the items of expenses incurred pursuant to action authorized by Subsection B , to be assessed against the land upon which the building or structures are located. Said amount shall be reported to the Board of Assessors of the Incorporated Village of Port Jefferson as an assessment to be included in the next succeeding assessment roll of the Incorporated Village of Port Jefferson to be thereafter prepared.
Source: Legislative text reproduced verbatim
Plain English

Section 161-35 of Port Jefferson's Code of Ordinances grants the Building Inspector authority to issue immediate orders—without prior notice or a hearing—when a code violation poses a direct hazard or immediate danger to occupants or the public. If the responsible party does not comply, the Building Inspector may step in and take direct action to eliminate the hazard, then seek reimbursement for those costs. Expenses can be recovered through legal action, assessed against the property, or both, with a structured process allowing the owner or occupant to contest the charges before the Board of Trustees.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Under § 161-35, a property owner who receives an emergency order from the Building Inspector must comply immediately—there is no waiting period or advance hearing before the order takes effect. If the hazard is not corrected as directed, the Village may perform the remediation itself and bill the owner for all costs incurred, which can ultimately be placed as an assessment on the property's tax roll. Operators who maintain properties in code-compliant condition and respond promptly to any notices generally avoid the cost-recovery and assessment mechanisms this section establishes.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 161-35 provides a mechanism that can benefit occupants when a building condition poses an immediate health or safety threat: the Building Inspector can order the hazard abated right away, and if the responsible party fails to act, the Village itself may step in to correct the dangerous condition. Tenants who believe they are living with an urgent hazard may contact the Port Jefferson Building Inspector's office to request an inspection under this provision. Tenant-rights organizations can help occupants understand what options exist, including how an emergency order under § 161-35 might interact with other protections available to them.

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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

Port Jefferson Code § 161-40
Port Jefferson Code § 161-41
Port Jefferson Code § 161-34
Port Jefferson Code § 161-34
Port Jefferson Code § 161-27

Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

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Fetched:Nov 9, 2026, 11:03 PM UTC