Code Enforcement

Webster’s Code Enforcement division is responsible for enforcing the New York State and local property maintenance codes in order to ensure the proper maintenance of buildings and properties to protect the health, safety and welfare of our citizens and visitors.

The Code Enforcement Official’s primary goal is to work with property owners to achieve voluntary compliance with state and local codes and ordinances. 

There are many aspects of Code Enforcement, including but not limited to:

  • Ensuring that all structures are safe and well maintained.
  • Ensuring that properties are well kept and comply with various land use and zoning ordinances.
  • Facilitating work orders to remove trash, debris, cut grass or secure a building.
  • Routine monitoring of vacant structures.
  • Issuing Notice of Violations to property owners for property maintenance-related issues.
  • Commencing proceedings in Town Court when voluntary compliance cannot be achieved.

If you would like to report a code enforcement issue, you can do so by clicking on Complaint Form.

Code Enforcement Processes and Procedures:

The enforcement process typically begins when the Town receives a formal complaint from a resident, or a violation is directly observed by Town Code Enforcement Officials.  In the case of receiving a complaint, Town staff will initiate a site visit to determine if the complaint is valid or unfounded. If deemed a valid violation, Town staff will begin the multi-step process outlined below:

1. Issuance of a Violation Warning Letter

  • Purpose: The violation letter is the formal communication issued by an authority from the Town of Webster informing an individual or entity that a violation of a law, regulation, or ordinance has occurred.
  • Content: This letter details:
    • The specific violation (e.g., building code violation, zoning infraction, environmental breach, etc.).
    • The date the violation occurred or was observed.
    • The legal or regulatory code that has been violated.
    • The actions required to correct the violation and the timeframe within which this must be done.
  • Outcome: The recipient is given an opportunity to rectify the situation, often by taking corrective actions (e.g., fixing a safety issue, removing an unlawful structure, or adhering to a zoning requirement). If they comply within the specified period, further action may not be necessary.

2. Issuance of a Notice and Order/ Compliance Order

  • Purpose: If the recipient of the violation letter fails to correct the violation within the specified time, a "Notice and Order" may be issued. This document serves as a more formal notice and a directive to address the issue.
  • Content: The notice and order usually include:
    • A summary of the violation that remains uncorrected with relevant Town Code Sections noted.
    • A direct order requiring specific actions to be taken to remedy the violation.
    • A deadline for compliance (often a shorter timeframe than what was offered in the violation letter).
    • Details on the potential consequences of non-compliance (e.g., fines, legal action, or further enforcement).
  • Outcome: The recipient must take action to comply with the notice and order within the provided deadline. Failure to comply may lead to more serious legal consequences, such as fines, liens, or a court appearance.

3. Issuance of an Appearance Ticket

  • Purpose: If the violation is still not addressed after receiving the letter of violation and the notice and order, the Town will issue an appearance ticket for Town Court. This legal document is typically issued by the agency or authority overseeing the enforcement of laws and regulations.
  • Content: The appearance ticket is a legal notice that requires the recipient to appear before a court or administrative body at a designated time and place. It typically includes:
    • A description of the violation(s) and the relevant legal codes that were violated.
    • Instructions on when and where the violator must appear.
    • The legal authority or agency issuing the ticket.
    • Potential consequences (such as fines or other penalties) if the violation is upheld at the hearing.
  • Outcome: The recipient must attend the scheduled hearing or court session before a Town Justice. If the violator fails to appear, additional legal consequences could be imposed, such as arrest warrants, additional fines, or an automatic judgment in favor of the enforcing authority.

4. Town Court

  • Purpose: A formal mechanism for Town Code Enforcement Officials to present evidence of a violation in a court of law before a Town Justice, who is ultimately responsible for rendering a legal decision regarding guilt or innocence and who has the ability to impose court orders, fines or other penalties in order to achieve compliance.
  • Content: The Town compiles copies of all documents, including records of complaint(s) and violations, supporting photo/video evidence directly observed by Town staff, proof of correspondences sent to the property owner, and supporting depositions or testimony from neighbors who filed the complaint (if/when required).
  • Outcome: The Town Justice will review all documentation and evidence provided and determine if a trial is warranted. If the accused does not have access to legal representation, the Court will arrange for Public Defender representation. If the matter goes to trial, upon its conclusion the Town Justice will render a decision. If found guilty fines, sanctions, Court orders, or other penalties may be imposed.

This process helps ensure that violations are addressed in a structured manner, providing opportunities for correction before escalating to more severe legal actions.

Code Violation related matters that result in an appearance ticket being issued are generally scheduled to be heard before Justice Thomas J. DiSalvo on the second Friday of each month at 9AM in the Van Ingen Courthouse at 1002 Ridge Road and are open to the public.