Red Creek, N.Y., Code of Ordinances ch. 187 (eCode360 ed. 2026) § 187-5

Inspection and residential occupancy permit prior to reoccupancy; noncompliance

In Force
Verified 11/10/2026 · Next check 12/10/2026
Red CreekPeriodic Inspections

Operative Text

Red Creek, N.Y., Code of Ordinances ch. 187 (eCode360 ed. 2026) § 187-5
A. Except as otherwise provided herein, it shall be unlawful and a violation of this article to rent, lease, or otherwise allow the occupancy of any residential rental dwelling unit without the inspection and certification as required herein. It shall be the duty of the Code Enforcement Officer or its duly appointed agents to inspect a rental dwelling unit, apartment, or tenement whenever the same becomes vacant and prior to its being reoccupied, upon the physical or digital request of the owner or managing agent, for the purposes of determining whether or not the dwelling unit complies with the provisions of this article. B. If, upon inspection, said premises do not comply with all applicable provisions of this code or the Uniform Code, the specific reasons for noncompliance shall be specified in writing, and a time limit not to exceed 30 days shall be directed for the correction of, or substantial effort to correct, the deficiencies noted. The notice of noncompliance shall be delivered personally or by mail within seven business days to the owner, agent, or person in charge at the address set forth in the Rental Dwelling Unit Registry and to any occupant who so requests. Occupants or proposed occupants of dwellings shall have the right to inspect the residential occupancy permit of the residential rental dwelling unit, apartment, or multiple residence in which they have an interest at no cost. C. On or after October 1, 2018, the Code Enforcement Officer shall have the right to inspect all or any part of the rental dwelling, including any unit or apartment, or entire multiple residence as required herein or upon complaint, except that the owner, agent, or person in charge thereof shall have the right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Director of the Department, or his or her designee, in order to enable such inspection. The officials charged with conducting the inspection pursuant to this article shall be required to obtain a search warrant whenever an owner, agent, or person in charge refuses to permit a warrantless inspection of the premises. D. The officials charged with conducting the inspection shall make such inspection, access and circumstances permitting, within five business days of receipt of a request from the owner, agent or occupant. E. An owner or agent may file with the Code Enforcement Officer a request for such inspection and the issuance of a residential occupancy permit by regular mail or in person at the office of the Code Enforcer. F. Nothing in this article shall be construed to limit the right of the Code Enforcement Officer to inspect any property at any time. If, after issuing a residential occupancy permit, the Code Enforcement Officer receives a complaint alleging a violation of this article or other chapter of the Village Code, other than a violation, that creates an imminent hazard to the public health or to the physical or mental health of the occupants of the rental property, the Code Enforcement Officer shall make a good faith effort to notify the owner or agent of the complaint, by either telephone or regular mail, before conducting an inspection under this article, and shall provide to the owner or agent one working day from the date the owner or agent receives the notice to explain what steps the owner or agent is taking to correct the violation. The Code Enforcement Officer may take steps necessary, by inspection or other means, to assure that the violation is corrected. G. No residential occupancy permit shall be issued and no inspecting under this article shall be conducted, unless and until the applicable fee(s) required under this article is paid in full to the Department. H. Upon request or complaint and payment of applicable fees, if any, an inspection shall be conducted, but no residential occupancy permit shall be issued under this article unless the rental dwelling unit is an authorized use pursuant to zoning or land use regulations and until all other applicable provisions and requirements of the Code of the Village of Red Creek are complied with and met. I. Upon request or complaint and payment of applicable fees, if any, an inspection shall be conducted, but no residential occupancy permit shall be issued under this article unless the property is current and paid to date on its Village of Red Creek property taxes, including water and sewer rents, and any other Village liens.
Source: Legislative text reproduced verbatim
Plain English

Red Creek, N.Y., Code of Ordinances ch. 187 § 187-5 establishes that every residential rental dwelling unit must be inspected and certified before it can be reoccupied after a vacancy. The Code Enforcement Officer carries out these inspections upon request and may also inspect upon complaint, with the owner retaining the right to require a search warrant if they object to a warrantless entry. When a unit fails inspection, the specific deficiencies must be put in writing and the owner is given up to 30 days to correct or substantially address them. No residential occupancy permit will be issued until applicable fees are paid, the property is in compliance with zoning and Village code requirements, and all Village property taxes and related charges are current.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 10, 2026

Plain English — not legal advice.

For Property Managers

Under § 187-5, compliant property owners and managing agents in Red Creek generally submit a written or digital inspection request to the Code Enforcement Officer before reoccupying a vacant unit, ensure all applicable fees are paid in advance, and confirm that Village property taxes, water and sewer rents, and any other Village liens are current before expecting a residential occupancy permit to be issued. When a notice of noncompliance is issued, operators typically address the cited deficiencies within the 30-day correction window and document their efforts. Owners also retain the right under this section to require the Code Enforcement Officer to obtain a search warrant before any warrantless inspection is conducted.

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

For Tenants

Section 187-5 gives tenants and prospective tenants in Red Creek the right to review the residential occupancy permit for their unit or building at no cost, and to request that a notice of noncompliance be delivered to them if the unit fails inspection. If a unit is being rented without the required inspection and certification, that constitutes a violation of this article, which tenants may raise with the Code Enforcement Officer or reference when filing a complaint. Tenants who believe conditions in their unit violate the Village code may also consult a local tenant-rights organization to understand how § 187-5's complaint and inspection process might apply to their situation.

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.

Effective Timeline

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References Out

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References In

Rules and statutes that cite this regulation

Red Creek Code § 187-6

Related Rules

§ 14.547
INSPECTIONS
§ 8.60.050
Extensions of time for making repairs
§ 127E
Copy of report of investigation; admissibility in evidence

Source Information

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