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City of Buffalo, NY
Erie County
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Table of Contents
Table of Contents
Code
New Laws (14) Index
[HISTORY: Derived from the Charter and Ordinances, 1974, of the City of Buffalo as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sanitation — See Ch. 378.
Streets and sidewalks — See Ch. 413.
[Derived from Art. III of Ch. LXI of the Charter and Ordinances, 1974]
The following terms and words, when used in this Article, shall have meaning and effect as follows:
PERSON
An individual, a partnership, a corporation, a receiver, an association, an executor, an administrator, a trustee, a guardian or an agent.
SIDEWALK
That portion of a street outside of the roadway used or set aside for the use of pedestrians.
STREET
The entire area conveyed, acquired or dedicated to public use and passage. The word "street" shall include in its meaning the words "avenue," "alley," "drive," "place" or any other word used to designate the public thoroughfare as above defined.
The Parking Violations Bureau shall hear and administratively determine charges of violations of certain provisions of the following chapters of this Code or of any ordinance later adopted related to streets, sidewalks and sanitation. This additional jurisdiction is conferred by Local Law No. 3 of 1987, adopted pursuant to Chapter 856 of the Laws of 1986.[1]
Chapter 1, General Provisions, Article II
Chapter 66, Air Pollution, Part 2
Chapter 72, Ambulances and Ambulance Drivers
Chapter 78, Animals, Articles I and II
Chapter 91, Bicycle Paths, Article I
Chapter 101, Buildings, Cleaning of
Chapter 107, Buildings, Moving of
Chapter 109, Buildings, Numbering of
Chapter 111, Buildings, Public, Article II
Chapter 116, Burials
Chapter 133, City Property, Article II
Chapter 137, Code Enforcement, Article II
Chapter 158, Diseases, Infectious
Chapter 169, Excavations and Quarries, Articles I and II
Chapter 193, Food and Drugs, Articles I, II, III and V
Chapter 203, Fumigation
Chapter 216, Garbage, Rubbish and Refuse, Articles I, VI, VII and VIII
Chapter 235, Hazardous Materials and Wastes, Articles I and II
Chapter 242, Housing Standards
Chapter 249, Inspections, Article II
Chapter 263, Licenses, Article IV
Chapter 269, Lodging Houses
Chapter 289, Newsstands
Chapter 293, Noise
Chapter 307, Parking and Parking Lots, Article IV
Chapter 316, Peddling and Soliciting, Article IV
Chapter 341, Property Maintenance, Article I
Chapter 356, Rat Control
Chapter 361, Records, Article III
Chapter 370, Restaurants
Chapter 378, Sanitation, Articles I and III
Chapter 391, Slaughterhouses
Chapter 413, Streets and Sidewalks, Articles I, II, IV, V, VI, VII, VIII, IX, X and XI
Chapter 441, Telephone Booths
Chapter 467, Trees, Shrubs and Plants
Chapter 479, Vehicles and Traffic, Article III
Chapter 491, Water and Water Pollution, Article III
[1]
Editor's Note: See § 236, Subdivision 4, of the Vehicle and Traffic Law.
The personnel of the Parking Violations Bureau shall have and perform such additional duties as will ensure that violations adjudicated pursuant to this Article are heard and determined in the same manner as charges of parking violations and that a person charged with any such violation is afforded all the rights to a hearing, administrative adjudication and judicial review which a person charged with a parking violation has.
The Parking Violations Bureau shall have the following additional functions, powers and duties:
A. 
To accept pleas to and to hear and determine charges of violation of certain ordinances regulating the use of streets and sidewalks.
B. 
To provide for civil penalties for violations of the streets and sidewalks ordinances in accordance with a schedule of fines.
C. 
To adopt rules and regulations, not inconsistent with any applicable provision of law, to carry out the purposes of the local law adopted pursuant to Chapter 856 of the Session Laws of the State of New York of 1986, being an act in relation to the adjudication of violations relating to streets, sidewalks and sanitation, including but not limited to rules and regulations prescribing the internal procedures and organization of the Bureau, the manner and time of entering pleas, the conduct of hearings and the amount and manner of payment of penalties.
D. 
To enter judgments and enforce them, without court proceedings, in the same manner as the enforcement of money judgments in civil acts in any court of competent jurisdiction or any other place provided for the entry of civil judgment within the State of New York.
E. 
To compile and maintain complete and accurate records relating to all charges and dispositions and to prepare complete and accurate transcripts of all hearings conducted by the Bureau and to furnish such transcripts to the person charged at said person's own expense upon timely request and upon said person's complying with the regulations of the Bureau.
F. 
To remit to the City Treasurer, on or before the 15th day of each month, all monetary penalties or fees received by the Bureau during the prior calendar month, along with a statement thereof, and at the same time to file duplicate copies of such statement with the City Comptroller.
G. 
To answer, within a reasonable period of time, all relevant and reasonable inquiries made by a person charged with a street, sidewalk and sanitation violation or his attorney concerning the notice of violation (summons) served on that person. The Bureau must also furnish within a reasonable period of time to the person charged, on his request and upon complying with the regulations of the Bureau, a copy of the original notice of violation (summons), including all information contained thereon. Failure of the Bureau to comply with the provisions of this subsection within 75 days of such inquiry, forwarded to the Bureau by certified or registered mail, return receipt requested, will result, upon the request of the person charged, in an automatic dismissal of all charges relating to and only to that notice of violation (summons) to which the inquiry was made.
H. 
To prepare and to issue a notice of violation in blank to employees Parking Violations Bureau, whose duties, as prescribed by the Director of the Parking Violations Bureau, include enforcement of the following chapters of the Code and to any peace officers authorized by the City to assist in the enforcement of this Article. The notice of violation (summons) or duplicate thereof, when filled in and sworn to or affirmed by such designated officers and served as provided in this Article, shall constitute notice of the violation charged.
[Amended 6-13-1995, effective 6-26-1995]
Chapter 1, General Provisions, Article II
Chapter 91, Bicycle Paths, Article I
Chapter 101, Buildings, Cleaning of
Chapter 107, Buildings, Moving of
Chapter 109, Buildings, Numbering of
Chapter 133, City Property, Article II
Chapter 169, Excavations and Quarries, Articles I and II
Chapter 216, Garbage, Rubbish and Refuse, Articles VII and VIII
Chapter 263, Licenses, Article IV
Chapter 289, Newsstands
Chapter 307, Parking and Parking Lots, Article IV
Chapter 341, Property Maintenance, Article I
Chapter 413, Streets and Sidewalks, Articles I, II, IV, V, VI, VII, VIII, IX and X
Chapter 441, Telephone Booths[1]
Chapter 467, Trees, Shrubs and Plants
Chapter 479, Vehicles and Traffic, Article III
[1]
Editor's Note: Former Ch. 441, Telephone Booths, was amended 11-16-1993, effective 11-29-1993, changing the name to "Telephone Facilities."
[Amended 5-28-1996, effective 6-7-1996]
A. 
The notice of violation (summons) shall contain information advising the person charged of the matter and the time in which he may plead either guilty or not guilty to the violation alleged in the notice. Such notice of violation (summons) shall also contain a warning to advise the person charged that failure to plead in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon. The form and wording of the notice of violation (summons) shall be prescribed by the Director. A duplicate of each notice of violation (summons) shall be served on the person charged in the manner hereinafter provided. The original or a facsimile thereof shall be filed and retained by the Bureau and shall be deemed a record kept in the ordinary course of business and shall be prima facie evidence of the facts contained therein.
B. 
A notice of violation (summons) may be served personally upon the owner of the premises adjacent to the street or sidewalk, the occupant or person in control of the premises adjacent to the street or sidewalk or any other person who has violated the street, sidewalk and sanitation ordinances. Any person of suitable age and discretion may accept such notice of violation (summons) on behalf of the aforesaid owner, occupant or other person upon properly identifying themselves and providing the names and addresses of the aforesaid owner, occupant or other person. In such case, the name and address of the aforesaid owner, occupant or other person shall be entered on the notice of violation (summons) along with the other required information. In case of service of a notice of violation (summons) on a person who is not the owner of premises adjacent to a street or sidewalk, a duplicate copy of such notice of violation (summons) shall be forwarded, by first class mail, to the owner of such premises.
C. 
A notice of violation (summons) may be served upon the owner of the premises adjacent to the street or sidewalk by affixing such notice to the premises in a conspicuous place. Service of such notice of violation (summons) shall be completed when a duplicate copy of such notice of violation (summons) is forwarded, by first class mail, to the owner of such premises.
The provisions set forth in § 307-1 of Chapter 307 apply fully to violations of dog control laws and shall be considered as though fully set forth and restated in this section.
[Last amended 5-16-2023, effective 5-16-2023]
The schedule of fines and penalties shall be as follows:
Type of Violation
Fine
Initial Penalty
Additional Penalty
Maximum Total
Fine Class A
$10.50
$10.50
$10.50
$31.50
Fine Class B
$30.00
$30.00
$30.00
$90.00
Failure to provide name, address, and telephone number, § 341-14
Sign permit, § 387-12
Signs; erection, repair, alteration or removal businesses, § 387-14
Habitable space, Part 1242.1, Physical Standards, State Uniform Fire Prevention and Building Code
Nonhabitable space, Part 1242.2, Physical Standards, State Uniform Fire Prevention and Building Code
Exits, Part 1242.3, Physical Standards, State Uniform Fire Prevention and Building Code
Exterior lighting, Part 1242.4, Physical Standards, State Uniform Fire Prevention and Building Code
Exterior protection, Part 1242.5, Physical Standards, State Uniform Fire Prevention and Building Code
Railings and parapet walls, Part 1242.6, Physical Standards, State Uniform Fire Prevention and Building Code
Interior protection, Part 1242.7, Physical Standards, State Uniform Fire Prevention and Building Code
Junk, Part 1242.10, Physical Standards, State Uniform Fire and Prevention Code
Fine Class C
$52.50
$52.50
$52.50
$157.50
Drinking in an unlicensed public place or vehicle in a public place, § 69-3
Building number not displayed or displayed improperly, § 109-6
Garbage not properly stored, § 216-8
Garbage on street more than 8 hours ahead of collection, § 216-14
Leaving City-provided receptacle or tote in the street, curbline or public place after 12 hours after time of weekly public collection, § 216-14
Placing more than two pieces of bulk solid waste or trash for a weekly public collection, § 216-15
Property within City-provided receptacle or tote with overflowing solid waste or additional bags or containers of solid waste, § 216-15
Failure to use City-provided receptacle or tote or improperly identified solid waste collector's receptacle, § 216-15
Placing construction/demolition debris or fill in City-provided receptacle or tote for public collection, § 216-15
Placing commercial user's solid waste for public collection where user has no contract with the City, § 216-15
Use of illegal containers or garbage; garbage not properly enclosed, § 216-15
Improper usage of City-provided receptacle or tote, § 216-15
No license to solicit, § 316-27
Fine Class D
$75.00
$75.00
$75.00
$225.00
Shuffleboards, § 75-5
Coin-controlled devices, § 75-18B
Elevators and Conveyances, Chapter 167 Registration of existing elevators and other conveyance, § 167-12
Certificate of operations, § 167-15
Initial or semi-annual inspection, § 167-15B
Enforcement of violations, §§ 167-17 and 167-19
Upholstered furniture on open porches, § 242-3.1
Used car dealers exceeding maximum number of vehicles, § 254-2C
Welding and cutting operations, § 263-22
Maintenance of open areas, Chapter 3, Section 302.5
Storage of junk vehicles, equipment in open areas, Chapter 3. Section 302.8
Infestation and rodent harborage, Chapter 3, Section 306.1
Rubbish (refuse)—adequate sanitary facilities, storage, handling, disposal—proper containers, Chapter 3, Section 307.2 (PM)
Parking on unpaved areas in front/side yard, § 307-48
Failure to cut overgrown vegetation, § 341-1
Domestic animals and pets, cloven-footed or hoofed prohibited, small animals causing nuisance, § 341-10
Temporary stand, § 370-2
Sidewalks not cleaned of snow and ice, Chapter 413, Streets and Sidewalks, Article VIII, Snow and Ice Removal, § 413-50
Chapter 413, Streets and Sidewalks, Article I, General Provisions, §§ 413-1, 413-2, 413-3, 413-5, 413-7, 413-8, 413-10, 413-11 and 413-12
Chapter 413, Streets and Sidewalks, Article II, Openings and Curb Cuts, §§ 413-14, 413-16, 413-17, 413-19, 413-21, 413-22, 413-23, 413-24 and 413-25
Chapter 413, Streets and Sidewalks, Article V, Use and Closing of Streets, §§ 413-33, 413-34, 413-36, 413-38 and 413-40
Chapter 413, Streets and Sidewalks, Article VI, Vehicle Size and Weight Limits, § 413-42
Chapter 413, Streets and Sidewalks, Article VII, Construction and Maintenance of Sidewalks, §§ 413-43, 413-44, 413-45, 413-46, 413-47, 413-48 and 413-49
Chapter 413, Streets and Sidewalks, Article IX, Sidewalk Uses, §§ 413-53, 413-54, 413-55, 413-56, 413-57, 413-58 and 413-59.1
Sidewalks not cleaned of snow and ice, Chapter 413, Streets and Sidewalks, Article VIII, Snow and Ice Removal
Taxicab and livery, failure to securely affix metal plate, § 437-6B
Taxicab and livery, failure to display mileage rates, § 437-6B(4)
Taxicab and livery, failure to display taxicab/livery driver's license, § 437-9D
Unlicensed tow truck, § 454-2
Exhibitor, § 463-7B
Vending machines, § 483-2
Storage of unlicensed/unregistered motor vehicles, § 511-93
Parking area screening, setback, surfacing, lighting and access requirements, § 511-97
Fine Class E
$105.00
$105.00
$105.00
$315.00
Deposit of electronic waste § 216-4C
Placing more than the authorized weight in City-provided receptacle or tote, § 216-15
Operating a lodging house with unlicensed agent, § 269-5
First excessive noise violation, § 293-7
Exterior structure, protective treatment, Chapter 3, Section 304.2
Interior structure, interior surfaces, Chapter 3, Section 305.3
Garbage and refuse, accumulation, Chapter 3, Section 305.1
Establishment employing unregistered bouncer(s), § 372-7B
Signs, permit required; exceptions, § 387-8
Deposits on streets or public places prohibited, § 413-4
Overflowing dumpsters, littered dumpster areas, uncovered dumpsters, §§ 413-4 and 413-37
Chapter 413, Streets and Sidewalks, Article X, Permit and Inspection Fees
Fine Class F
$150.00
$150.00
$150.00
$450.00
Second excessive noise violations, § 293-7
Failure to cut overgrown vegetation, § 341-1
Abandoned junk automobile in the City, § 413-4
Dancing (hotel/restaurant), § 150-2C
Taxicab and livery, driver's license required, § 437-9
Unregistered bouncer, § 372-7A
Snow plowing which blocks public thoroughfare, § 413-52
Chapter 413, Streets and Sidewalks, Sidewalk cafes, § 413-59
Telephone facilities, § 441-1
Fine Class G
$200.00
$200.00
$200.00
$600.00
Roller rinks (class 13), § 75-5
Music, § 75-13
Certificate of inspection, § 75-14B
Arcades, § 75-18B(2)
Bakers and confectioners, § 88-2
Billiards, § 92-1
Bowling alley, § 92-1
Repair work in excess of $750 without a permit, § 103-2
Flammable liquids, license required for storage, sale, handling, use or transport, § 186-1
Repair, service, storage garages, license required, § 186-13C
Cooked meat, § 193-22
Fish, meat, poultry, § 193-22
Secondhand dealers, § 254-2A
Laundries and clothes cleaners, license required, § 259-2
Work commenced without a license or permit, § 263-23
Pet shop, § 263-24A
Operating a lodging house without a license, § 269-2
Third and subsequent excessive noise violations, § 293-7
Parking lots, § 307-17
Peddler § 316-1
Restaurant, § 370-2
Taxicabs and liveries, license required on motor vehicles, § 437-4
Mud and debris left in street at demolition, construction or tree removal sites, §§ 413-4 and 413-37
Unauthorized City tower, § 454-13
Fine Class H
$350.00
$350.00
$350.00
$1,050.00
Placement of bulk trash in excess of 4 cubic yards (12 feet long, 3 feet high, 3 feet wide); unbundled trash, § 216-15 and §§ 341-1 through 341-4
Operation of business, § 194-4E (1-20 license conditions)
Signs, use permit required, § 511-100
Tobacco/hookah/vaping conditions violated, § 132-4A, B, C, D
Fine Class I
$1,500.00
$1,500.00
$1,500.00
$1,500.00
Go-go girls (class 16), § 75-5
Illegal dumping, Article X, Permit and Inspection Fees, §§ 216-9 and 216-17
Tobacco/hookah/vaping, License required § 132-2A(1)
Tobacco/hookah/vaping license renewal, § 132-10A
Sales of cannabis and products containing cannabis: § 130-1A, B, C, D
Failure to prominently display NYS Office of Cannabis Management (OCM) license and NYS OCM QR Code Certificate
Cannabis unlicensed dispensing, processing, cultivating, selling, handling, distributing, or gifting in exchange for anything for which value is received of cannabis or processed cannabis products, without the required license from NYS Office of Cannabis Management
Deceptive sale practices: § 130-2A, § 130-2B
Engaging in an act to defraud the state or its political subdivisions, or a government instrumentality within the state by false or fraudulent pretenses
Unlicensed vendor collecting sales tax on unlicensed products
Fine Class J
$500.00
$500.00
$500.00
$1,500.00
Dumpsters or similar large waste containers placed without permit, § 413-4
Dumpsters or similar large waste containers placed outside restrictions of permit, § 413-4
Seizure of dangerous dog after finding of dangerousness pursuant to Agriculture and Markets Law § 121
Operating a food store without a license, § 194-4
Class AA
$50.00
$50.00
$50.00
$150.00
Means of egress, Part 1162, State Uniform Fire Prevention and Building Code
Firesafety safeguards, Part 1191, State Uniform Fire Prevention and Building Code
Flame-producing devices, Part 1192
Firesafety signs and instructions, Part 1194, State Uniform Fire Prevention and Building Code
Firesafety training, Part 1195, State Uniform Fire Prevention and Building Code
Permits, § 103-32
Standpipe systems, § 103-32
Elevator safety, § 103-33
Sprinklers in basement, § 103-34
Removal or proper storage required, § 103-41
Prohibited storage and accumulation, § 103-56
Prohibited location of water heaters, § 103-57
Class BB
$100.00
$100.00
$100.00
$300.00
Vacant buildings or structures, Part 1154, State Uniform Fire Prevention and Building Code
Fire Department and emergency service access, Part 1161, State Uniform Fire Prevention and Building Code
Combustible fibers, Part 1172, State Uniform Fire Prevention and Building Code
Firesafety equipment, Part 1193, State Uniform Fire Prevention and Building Code
Fire department notification, Part 1196, State Uniform Fire Prevention and Building Code
Code Enforcement Official notification, Part 1197, State Uniform Fire Prevention and Building Code
Orders to eliminate dangerous conditions, § 103-18
Self-service gasoline, § 103-27
Height and occupancy limits on frame dwellings, § 103-31
Willfully contributing to production of fires, § 103-39
Storage of combustible materials, § 103-42
Seizure of fireworks, § 103-52
Prohibited uses of flammable liquids (sleeping quarters), § 103-55
License or permits required for liquefied petroleum gas, § 266-3
Smoke detectors, Chapter 395
Class CC
$150.00
$150.00
$150.00
$450.00
Equipment and systems, Part 1163, State Uniform Fire Prevention and Building Code
Special property use or conditions, Part 1164, State Uniform Fire Prevention and Building Code
Dust, Part 1173, State Uniform Fire Prevention and Building Code
Material for welding and cutting, Part 1178, State Uniform Fire Prevention and Building Code
Fruit-ripening gas, Part 1180, State Uniform Fire Prevention and Building Code
Matches, Part 1181, State Uniform Fire Prevention and Building Code
Powder coatings, Part 1182, State Uniform Fire Prevention and Building Code
Solid fuel burning devices, Part 771.4(j)(5), State Uniform Fire Prevention and Building Code
Fire bombs, § 103-53
Open fires, § 66-19
Open burning, § 119-1
Licenses, §§ 263-4 through 263-22
Flammable liquids, Chapter 186
Class DD
$250.00
$250.00
$250.00
$750.00
Flammable and combustible liquids, Part 1171, State Uniform Fire Prevention and Building Code
Dangerous and unsafe buildings, Part 1153, State Uniform Fire Prevention and Building Code
Compressed gases, Part 1175, State Uniform Fire Prevention and Building Code
Fireworks, Part 1177, State Uniform Fire Prevention and Building Code
Fumigants and thermal insecticidal fogging liquids, Part 1179, State Uniform Fire Prevention and Building Code
Magnesium, Part 1183, State Uniform Fire Prevention and Building Code
Organic coatings, Part 1184, State Uniform Fire Prevention and Building Code
Organic peroxides, Part 1185, State Uniform Fire Prevention and Building Code
Cryogenic liquids, Part 1186, State Uniform Fire Prevention and Building Code
Cellulose nitrate (pyroxlin) plastics, Part 1187, State Uniform Fire Prevention and Building Code
Cellulose nitrate motion- picture film, Part 1188, State Uniform Fire Prevention and Building Code
Class EE
$500.00
$500.00
$500.00
$1,500.00
Hazardous materials, Part 1174, State Uniform Fire Prevention and Building Code
Explosives, ammunition and blasting agents, Part 1176, State Uniform Fire Prevention and Building Code
Contractors, license required, § 144-2A(1)
Junkyard, § 254-2A
Scrap processors, license required, § 254-6
The provisions set forth in § 307-12 of Chapter 307 apply fully to violations of streets, sidewalks and sanitation ordinances and shall be considered as though fully set forth and restated in this section.
The provisions set forth in § 307-13 of Chapter 307 apply fully to violations of streets, sidewalks and sanitation ordinances and shall be considered as though fully set forth and restated in this section.
The provisions set forth in § 307-14 of Chapter 307 apply fully to violations of streets, sidewalks and sanitation ordinances and shall be considered as though fully set forth and restated in this section.
[Derived from Secs. 102 and 103 of Ch. XXV of the Charter and Ordinances, 1974]
Any person, corporation or firm, who shall violate any of the provisions of the following chapters; who shall omit or refuse to do any act required to be performed by him, her or it, pursuant to the provisions of said chapters or any reasonable rule, regulation or direction of the Health Commissioner made pursuant to the authority of said chapters; who shall obstruct, hinder or prevent any officer or employee of the Health Department, duly authorized, from the discharge of any duty enjoined upon him by any provision of said chapters; or who shall do any of the acts forbidden by any of the provisions of said chapters or by any reasonable rule, regulation or direction of the Health Commissioner made pursuant to the authority of said chapters shall, in addition to any penalty otherwise provided by statute, be liable to a fine or penalty as provided in Chapter 1, Article III, of this Code:
Chapter 1, General Provisions, Article II
Chapter 66, Air Pollution, Part 2
Chapter 72, Ambulances and Ambulance Drivers
Chapter 78, Animals, Articles I and II
Chapter 111, Buildings, Public, Article II
Chapter 116, Burials
Chapter 158, Diseases, Infectious
Chapter 193, Food and Drugs, Articles I, II, III and V
Chapter 203, Fumigation
Chapter 216, Garbage, Rubbish and Refuse, Articles I and VI
Chapter 235, Hazardous Materials and Wastes, Articles I and II
Chapter 242, Housing Standards
Chapter 249, Inspections, Article II
Chapter 269, Lodging Houses
Chapter 293, Noise
Chapter 316, Peddling and Soliciting, Article IV
Chapter 356, Rat Control
Chapter 361, Records, Article III
Chapter 370, Restaurants
Chapter 378, Sanitation, Articles I and III
Chapter 391, Slaughterhouses
Chapter 413, Streets and Sidewalks, Article XI
Chapter 491, Water and Water Pollution, Article III
The Health Commissioner shall have full power to enforce and carry out all ordinances, rules and regulations for the preservation of the public health; and in case any business or practice is dangerous or detrimental to the public health, to prohibit the same and to declare unwholesome grounds, yards, cellars, buildings and other places, stagnant, mosquito-breeding or unwholesome waters, filth and unwholesome matter injurious to health to be nuisances. Upon so declaring, the Health Commissioner shall have power to abate the same as he may deem expedient, and the expense thereof may be assessed upon the lands and premises upon or in front of which said nuisance was or existed or upon the parcels of land and upon the premises benefited by the abatement of such nuisance as the Council shall direct, but no established business or rights to property of any person shall be interfered with or prohibited until the offender or offenders therewith charged shall have been duly summoned by notice of not less than one day to appear before said Health Commissioner to show cause why such declaration or order of prohibition shall not be enforced against the person or persons, party or parties or premises charged nor until said party or parties or persons interested in the premises shall have an opportunity to be heard in person or by counsel.