[Amended 11-25-1980 by L.L. No. 7-1981; 3-10-1981 by L.L. No.
13-1981]
A.
There shall be a Department of Public Works, the head of which shall
be the Commissioner of Public Works. He shall be appointed by the
County Executive subject to the approval of the County Legislature
and shall serve at the pleasure of the County Executive. He shall
have, in addition to the powers and duties set forth in this article,
all the powers and duties of a county engineer and a county superintendent
of highways pursuant to the Highway Law or any general or special
law applicable in the County. He shall be a professional engineer
licensed by the State of New York.
B.
Upon the effective date of this Charter, the office of County Superintendent
of Highways and of County Engineer, if any, is abolished; and the
powers and duties of the office shall devolve upon the Department
of Public Works, provided that the County Superintendent of Highways
in office at the date this Charter takes effect shall be and become
a Commissioner of Public Works until the expiration of the term for
which he was appointed. In addition, the Commissioner of Public Works
shall be deemed the administrative head of each and every County sewer
district and be deemed to be Commissioner thereof unless otherwise
provided by law.
Except as otherwise provided in this Charter, the Department
of Public Works shall:
A.
[Amended 8-29-1989 by L.L. No. 28-1989; 11-16-2004 by L.L. No.
39-2004]
(1)
(i)
Have charge and supervision of the design (including the preparation
of the plans and specifications), construction, reconstruction, improvement,
maintenance, repair and cleaning of all: (a) highways; (b) roads;
(c) streets; (d) parking lots and parking fields; (e) bridges; (f)
grade separation structures; (g) culverts; (h) bulkheads; (i) tide
gates; (j) revetments; (k) locks; (1) jetties; (m) piers; (n) docks;
(o) fencing; (p) streetlighting; (q) drains and drainage structures;
(r) sidewalks; (s) walkways; (t) boardwalks; (u) crosswalks and underpasses;
(v) sewers; (w) manholes: (x) curbs; (y) gutters; (z) trees and tree
limbs; (aa) street markings; (bb) traffic signs, signals or traffic
control devices; (cc) step, steps, stairs and stairways; (dd) runways;
(ee) taxiways; (ff) ramps; (gg) tie-down areas; (hh) access roads;
(ii) fire roads and fire lanes; (jj) pathways; (kk) guide-rails; (ll)
buildings or other property and lands under the jurisdiction of the
County.
(ii)
Establish the grades and, alignment for all the said (a) highways;
(b) roads; (c) streets; (d) parking lots and parking fields; (e) bridges;
(f) grade separation structures; (g) culverts; (h) bulkheads; (i)
tide gates; (j) revetments; (k) locks; (l) jetties; (m) piers; (n)
docks; (o) fencing; (p) streetlighting; (q) drains and drainage structures,
(r) sidewalks; (s) walkways; (t) boardwalks; (u) crosswalks and underpasses;
(v) sewers; (w) manholes; (x) curbs; (y) gutters; (z) trees and tree
limbs; (aa) street markings; (bb) traffic signs, signals or traffic
control devices; (cc) step, steps, stairs and stairways; (dd) runways;
(e) taxiways; (f) ramps; (gg) tie-down areas; (hh) access roads; (ii)
fire roads and fire lanes; (jj) pathways; (kk) guide rails; (ll) buildings
or other property and lands in accordance with established standards
and/or state regulations.
(2)
(i)
Notwithstanding the responsibilities enumerated in Subsections (i) and (ii) of Subsection A(1), no civil action shall be maintained against Suffolk County or any of its departments, agencies, offices, districts, boards, commissions or subdivisions for damages or injuries to a person or property sustained by reason of any (a) highways; (b) roads; (c) streets; (d) parking lots and parking fields; (e) bridges; (f) grade separation structures; (g) culverts; (h) bulkheads; (i) tide gates; (j) revetments; (k) locks; (l) jetties; (m) piers; (n) docks; (o) fencing; (p) streetlighting; (q) drains and drainage structures; (r) sidewalks; (s) walkways; (t) boardwalks; (u) crosswalks and underpasses; (v) sewers; (w) manholes; (x) curbs; (v) gutters; (z) trees and tree limbs; (aa) street markings; (bb) traffic signs, signals or traffic control devices; (cc) step, steps, stairs and stairways; (dd) runways; (ee) taxiways; (ff) ramps; (gg) tie-down areas; (hh) access roads; (ii) fire roads and fire lanes; (jj) pathways; (kk) guide rails; (ll) buildings or other property and lands or any tree, bush, vegetation, appurtenance or structure in near proximity or attached to or necessary for the functioning of items (a) through (r) identified above, under the jurisdiction of the County, on account of that structure or thing enumerated above, in whole or in part, allegedly being in a defective condition, out of repair, unsafe, dangerous or obstructed or in consequence of the existence of snow or ice thereon, unless the County has received written notice within a reasonable time before said injury or property damage was sustained, that the item(s) identified in (a) through, (ll) above, or any tree, bush, vegetation, appurtenance or structure in near proximity or attached to or necessary for the functioning of items (a) through (ll) identified above allegedly causing such injury was in a defective, out of repair, unsafe, dangerous or obstructed condition, or that ice or snow existed on the item(s) identified in (a) through (ll) above, or any tree, bush, vegetation, appurtenance or structure in near proximity or attached to or necessary for the functioning of items (a) through (ll) identified above. Such written notice shall specify the particular place and nature of such defective, unsafe, dangerous, or obstructed condition or the particular location of the snow or ice. Such notice shall be made in writing by certified or registered, mail to the Clerk of the Suffolk County Legislature, who shall forward a copy to the County Attorney.
(ii)
For purposes of constructing this statute, "reasonable time"
shall mean:
(a)
Not less than 30 days prior to the occurrence of the injury
or property damage complained of for notices other than those for
conditions caused by ice or snow.
(b)
Not less than 72 hours prior to the occurrence of the injury
or property damage complained of for notices of conditions caused
by ice or snow.
(iii)
This Subsection A shall supersede, in its application to the County of Suffolk:
(a)
Section 139(1) of the New York Highway Law, pursuant to the
authority vested by § 139(2) of the New York Highway Law.
(b)
That portion of New York Highway Law § 139(2) which
authorizes an action premised upon constructive notice pursuant to
New York Municipal Home Rule Law § 10(1)(ii)(a)(5).
|
Nothing herein contained shall be construed to relieve a claimant of the obligation to serve a notice of claim on the County of Suffolk as provided in § 50-e, 50-i or 50-h of the New York General Municipal Law or § 52 of the New York County Law or otherwise comply with the conditions set forth in those laws.
|
(iv)
Nothing contained in this article shall be held to repeal or
modify or waive any existing requirement or statute of limitations
that is applicable to these condition, or that ice or snow existed
on the item(s) causes of action, but, on the contrary, the provisions
hereof shall be held to be additional requirements to the right to
maintain any such action. Nothing herein contained shall be held to
modify any existing rule of law relative to the question of contributory
negligence or to impose upon the County of Suffolk, its subdivisions,
agents, officers and employees any greater duty or obligation than
is otherwise presently imposed on the County of Suffolk with respect
to the maintenance of any highway, street, crosswalk, bridge, culvert,
street marking, sign or device or any other property owned, operated
or maintained by the County of Suffolk.
B.
Have charge and supervision of the design, construction and alterations
of docks, marinas, parks, preserves, beach erosion projects and structures,
excluding construction of and additions to or conversions of buildings,
and such other structures and facilities in the nature of public works
under the jurisdiction of the County as may be directed by the County
Legislature and County Executive.
[Amended 7-12-1965 by L.L. No. 4-1965; 3-14-1972 by L.L. No.
5-1972]
C.
Have charge and supervision of the maintenance, repair and alterations
of dunes, walks, docks, marinas, parks, preserves, beach erosion projects
and structures and other studies and facilities in the nature of public
works, excluding repair and alterations of buildings, as may be directed
by the County Legislature and County Executive.
[Amended 7-12-1965 by L.L. No. 4-1965; 3-14-1972 by L.L. No.
5-1972; 8-28-1973 by L.L. No. 19-1973]
D.
Have charge of the operation of all County movable bridges, toll
bridges, canals, canal locks and of all other County-owned or -leased
facilities placed under the jurisdiction of the Department by the
County Legislature, said operation to include the collection and depositing
of all tolls, fees and other charges for the use of the same as may
be established by resolution of the County Legislature.
E.
Make all surveys and studies for the elimination or protection of
grade crossings involving County roads and the railroad and represent
the County before the Public Service Commission in such cases and,
when authorized by the County Legislature, perform similar services
for the towns.
F.
Except as otherwise provided by law, have full care, custody and
control of all waterways and County-owned or -leased waterways equipment,
boats, dredges and all materials and equipment appurtenant thereto.
G.
Maintain a testing laboratory for materials used by the Department,
have charge and supervision of studies for the conservation of water
and general natural resources and have charge and supervision of all
topographic, hydrographic and land surveys made for the County.
H.
Be in charge and have the duty of performing such other functions
concerning County property, public works and other matters as the
County Legislature or the County Executive may, from time to time,
direct.
[Amended 4-14-1970 by L.L. No. 7-1970]
J.
Have charge and supervision of the design, construction and alterations,
including the preparation of plans and specifications therefor, of
the County buildings, including all furnishing and equipment, including
buildings or structures at airports operated by the County and for
parks, recreation or conservation purposes.
[Added 10-23-1979 by L.L. No. 31-1979]
K.
Have charge and jurisdiction of the maintenance, repair, alterations,
security and all custodial services of the buildings owned or leased
by the County, unless otherwise provided in the terms of the lease
agreement, but not including the structures used for recreation or
conservation purposes under the jurisdiction of the Department of
Parks, Recreation and Conservation or on the campuses of the Suffolk
Community College or on the property administered by the Vanderbilt
Museum.
[Added 10-23-1979 by L.L. No. 31-1979; amended 11-25-1980 by L.L. No.
9-1981]
L.
Have the responsibility for the design, construction maintenance
and operation of the sewage collection and disposal systems of all
County-owned or -operated sewer districts or systems and the powers
necessary and proper for the performance of such duties.
[Added 11-12-1980 by L.L. No. 27-1980]
M.
Plan for the formation, design, construction and operation of new
County sewer districts or systems and new sewer facilities generally,
as well as the acquisition and operation of existing sewage treatment
plants and facilities, and otherwise to act as and perform the duties
and functions of the staff of the Suffolk County Sewer Agency.
[Added 11-12-1980 by L.L. No. 27-1980]
N.
Formulate Countywide highway safety programs and coordinate efforts
of interested parties and agencies engaged in traffic safety education;
cooperate with local officials within the County in the formulation
of traffic safety programs and activities; study traffic conditions
on streets and highways within the County; study and analyze reports
of accidents and causes thereof; recommend to the appropriate legislative
bodies, departments or commissions such changes in rules, orders,
regulations and existing law as may be deemed advisable; promote safety
education for drivers and pedestrians; and obtain and assemble motor
vehicle accident data and analyze, study and consolidate such data
for educational and informational purposes.
[Added 11-25-1980 by L.L. No. 30-1980]
O.
[2] Determine and establish basic overall policy with regard
to transportation in the fields of surface, air and marine transportation.
[Added 12-12-1989 by L.L. No. 5-1990]
P.
Make application for all state and federal aid, grants, grants-in-aid
and any other form of financial assistance in the field of transportation
for which the County may qualify.
[Added 12-12-1989 by L.L. No. 5-1990]
Q.
Coordinate, develop and assist in the development of a comprehensive
transportation plan and policy for the County to meet the present
and future needs of the County for adequate, safe and efficient transportation
facilities and services.
[Added 12-12-1989 by L.L. No. 5-1990]
R.
Make such studies and analyses of the transportation needs and problems
within the County as may be requested by the County Executive or the
County Legislature.
[Added 12-12-1989 by L.L. No. 5-1990]
S.
Appear and participate in any proceeding before any federal or state
agency involving or in any way affecting transportation within the
County.
[Added 12-12-1989 by L.L. No. 5-1990]
T.
Administer the processing of applications for local consents for
omnibus routes within the County.
[Added 12-12-1989 by L.L. No. 5-1990]
U.
Enter into and administer contracts for the furnishing of transportation
to handicapped children.
[Added 12-12-1989 by L.L. No. 5-1990]
V.
Make a continuing study of the transportation needs of the handicapped,
senior citizens and other special groups, in relation to the existing
transportation facilities and services within the County.
[Added 12-12-1989 by L.L. No. 5-1990]
W.
Perform such other responsibilities and duties as may be assigned
by law or by the County Executive or the County Legislature.
[Added 12-12-1989 by L.L. No. 5-1990]
X.
Receive all requests for County office and storage space, establish
and apply space standards and priorities for such space and manage,
assign and have jurisdiction over all present and future facilities
which are either owned, rented or leased by the County.
[Added 11-4-1991 by L.L. No. 31-1991]
Y.
Have charge and supervision for vector control throughout the County
of Suffolk. The Department shall have the power and authority to enter
without hindrance upon any or all lands within the County for the
purpose of performing acts which in its opinion are necessary and
proper for the elimination of mosquitoes and other arthropods, provided
that such measures are not injurious to wildlife. In the event of
a vector control emergency, as defined by the Commissioner of Health
Services, the direct supervision of the vector control shall be by
the Department of Health Services.
[Added 8-18-1992 by L.L. No. 16-1992]
Z.
[3] Conduct hearings and make findings pursuant to the Eminent
Domain Law and prepare appraisals or let contracts for appraisals
for lands to be acquired by the County pursuant to New York Eminent
Domain Procedure Law for County highway and other public works projects.
[Added 2-7-2006 by L.L. No. 15-2006]
[3]
Editor's Note: Former Subsection Z, regarding mail service,
office machine repair and operation of a print shop, added 1-3-1995
by L.L. No. 14-1995, was repealed 12-5-2000 by L.L. No. 2-2001.
AA.
Maintain a centralized print shop for the printing of County materials,
notices, pamphlets, booklets, brochures, newsletters, and reports.
[Added 2-7-2006 by L.L. No. 17-2006]
[Amended 5-12-1970 by L.L. No. 12-1970; 10-23-1979 by L.L. No.
31-1979]
A.
The Commissioner of Public Works shall appoint a Chief Deputy Commissioner
of Public Works and a Chief Engineer, both of whom shall be professional
engineers licensed by the State of New York. He shall also appoint
a Deputy Commissioner of Public Works and, within the appropriation
therefor, all other officers and employees of the Department as may
be necessary. It shall be the duty of the Chief Deputy Commissioner
to assist the Commissioner in the administration of his office and,
in the absence of the Commissioner, to perform the duties and possess
the powers of the Commissioner of Public Works. Except as hereinafter
provided with respect to the appointment of the Chief Engineer as
Chief Deputy Commissioner, in the absence of the Commissioner and
the Chief Deputy Commissioner the Deputy Commissioner shall perform
the duties and possess the powers of the Commissioner of Public Works.
B.
It shall be the duty of the Chief Engineer to provide general engineering
supervision over the various divisions of the Department and to coordinate
the various engineering functions performed by the departmental divisions;
to have charge of departmental planning; and to act as engineering
liaison between the Commissioner, the County Legislature and special
engineering or architectural consultants, all as directed by the Commissioner.
Notwithstanding any other provisions of this section or act to the
contrary, the Commissioner, if he so elects, may assign the Chief
Engineer to fill, in addition to his position as Chief Engineer, the
position of Chief Deputy Commissioner; and the person so appointed
shall have, thereafter, the duties and titles of both positions; or
the Commissioner may fill the position of Chief Deputy Commissioner
by a separate appointment.
C.
The Commissioner of Public Works shall also appoint the County Architect,
who shall be licensed by the State of New York to practice architecture.
Such division head shall:
(1)
Have charge of all employees of the Division of Building Construction
and Design performing architectural, engineering and related services.
(2)
Upon request of the Commissioner, the County Legislature and the
County Executive, perform such professional architectural and related
services as may be required by other County administrative units.
(3)
Oversee and supervise the design and construction of all County buildings
and alterations thereof.
(4)
Perform such other related duties and make such reports as may be
required by the Commissioner.
D.
Within the appropriation therefor and when authorized by the County
Executive, the Commissioner of Public Works may employ such special
engineering, architectural or other technical counsel as may be necessary.
[Amended 7-12-1965 by L.L. No. 4-1965; 10-23-1979 by L.L. No.
31-1979; 11-12-1980 by L.L. No. 27-1980; 11-25-1980 by L.L. No.
30-1980; 3-10-1981 by L.L. No. 13-1981]
A.
There shall be the following divisions within the Department of Public
Works: a Division of Highway Construction and Design, a Division of
Highway Maintenance, a Division of Bridges and Structures, a Division
of Waterways, a Division of Building Construction and Design, a Division
of Building Operation and Maintenance, a Division of Sewer Engineering
and Construction, a Division of Sewer Operation and a Division of
Traffic Safety and Control and such other divisions as may be created
within the Department by local law or by resolution of the County
Legislature. The Commissioner shall assign a division head to each
division, who shall have direct charge of the work to be performed
by the division. It shall be the duty of each division head while
holding such position to carry out the function of such division as
provided by local law or by directives of the Commissioner. Such division
head shall be subject to reassignment or transfer by the Commissioner
to other duties within the Department. The Commissioner may assign
the Deputy Commissioner or Chief Engineer as head of a division or
he may assume such duties himself.
B.
There shall also be a Division of Vector Control.
[Added 8-18-1992 by L.L. No. 16-1992; amended 5-9-2000 by L.L. No.
10-2000]
(1)
The Division shall use every means feasible and practical to suppress
mosquitoes, ticks and other arthropods which are vectors of human
disease requiring public action for their control. In carrying out
its responsibility hereunder, the Division shall have the power and
authority to enter without hindrance upon any or all lands within
the County for the purpose of draining or treating the same and to
perform all other acts which, in its opinion and judgment, may be
necessary and proper for the elimination of mosquitoes and other arthropods,
but such measures shall not be injurious to wildlife.
(2)
On or before the first day of October in each year, the Department
shall file with the County Legislature, for its approval, the work
to be done and the methods to be employed, together with a general
description of such land as the Department shall anticipate must be
entered upon in order to carry out its responsibilities. The Department
shall also file a resolution for approval of the Vector Control Plan
for said work to be done and the methods to be employed no later than
November 15 of each year, said plan to be approved as submitted, or
as modified or adjusted by legislative action taken no later than
December 31 of each year. Before entering upon any such lands, the
Department shall publish each year, at least once during the year,
immediately following the approval by the County Legislature, its
plan for work during the ensuing year as provided in this section,
in at least one newspaper in every town in the County where work is
to be performed, and a general description of the land where the work
is to be performed.
(3)
Scheduled ground spraying. The County Departments of Public Works
and Health Services shall issue joint press releases advising the
public as to formally scheduled ground spraying for adult mosquitoes
at least 24 hours prior to the anticipated ground spraying and shall
post said notification on the County's website. The County shall also
maintain a spraying hotline providing detailed information regarding
where, when and how spraying for adult mosquitoes will occur in communities.
Twenty-four-hour notification shall also be provided by the County
Departments of Health Services and Public Works to the County Executive
and County Legislators, each of whom may in turn notify appropriate
organizations in his/her community to further notify residents. All
appropriate BOCES districts, as well as public and private schools
(if in session), shall be notified as well.
(4)
Scheduled aerial spraying. The County Departments of Public Works
and Health Services shall issue joint press releases advising the
public as to formally scheduled aerial spraying for adult mosquitoes
at least 24 hours prior to the anticipated aerial spraying for adult
mosquitoes and shall post said notification on the County's website.
The County Departments of Health Services and Public Works shall also
maintain a spraying hotline providing detailed information regarding
where, when and how spraying for adult mosquitoes will occur in communities.
Twenty-four-hour notification shall also be provided by the County
to the County Executive and County Legislators, each of whom may in
turn notify appropriate organizations in his/her community to further
notify residents. All appropriate BOCES districts, as well as public
and private schools (if in session), shall be notified as well.
(5)
Health emergency (ground spraying). In the event that the County Department of Health Services determines that emergency circumstances preclude compliance with the deadlines set forth in Subsection B(3) and (4) of this section, then all such notification requirements for ground spraying of adult mosquitoes shall be reduced to six hours. The Department may use an alternative means of notification, such as public service announcements and school district notification (if in session), as long as it achieves the goal and objective of making people living in the immediate vicinity of the community aware of spraying that shall occur.
(6)
Health emergency (aerial spraying). In the event that the County Department of Health Services determines that emergency circumstances preclude compliance with the deadlines set forth in Subsection B(3) and (4) of this section, then all such notification requirements for aerial spraying of adult mosquitoes shall be reduced to 12 hours. The Department may use an alternative means of notification, such as public service announcements and school district notification (if in session), as long as it achieves the goal and objective of making people living in the immediate vicinity of the community aware of spraying that shall occur.
(7)
Warning notice content. The information required to be disseminated under Subsection B(3) and (4) of this section shall provide at least the following:
(a)
Approximate time, location, and date of spraying.
(b)
Pest to be controlled.
(c)
Method of application.
(d)
Specific sites to be treated.
(e)
Common or trade names of pesticides to be applied.
(f)
Name and telephone number of office or person who can be contacted
for more information regarding the spraying.
(g)
Statement that "This notice is provided by the Suffolk County
Department of Health Services."[1]
[1]
Editor's Note: Former Subsection C, regarding a Division of
Purchasing and Director of Purchasing, added 12-5-2000 by L.L. No. 1-2001, as amended 12-16-2003 by L.L. No. 33-2003, and which immediately
followed this subsection, was repealed 6-9-2020 by L.L. No. 23-2020.
For current provisions, see the Administrative Code.
The Commissioner of Public Works and any consulting engineer,
deputy, assistant or employee of the Department of Public Works designated
by him may enter upon any lands, water or waterways, public or private,
within the County, without hindrance, for the purpose of making any
surveys, examinations or investigations necessary or convenient in
the exercise or performance of any of the other powers or duties conferred
or imposed on the Department of Public Works or any officer thereof
by this Charter or otherwise by law.
[Amended 12-18-1990 by L.L. No. 8-1991]
A.
The Department of Public Works may perform engineering and other
services for any town, village or district within the County in relation
to the public works of such town, village or district, and towns,
villages and districts are hereby expressly authorized to enter into
contracts with the County for such services, provided that the charge
for such services shall be, in each case, the actual cost, including
prorated overhead, of rendering the service as certified by the Commissioner
of Public Works.
B.
The Department of Public Works may aid a town or towns in the construction
or improvement of a town highway or town road therein pursuant to
contracts as specified herein. Such contracts shall provide that the
County of Suffolk shall be responsible for the supervision of the
construction phase of the contract, as well as its design and construction
costs. However, once the County accepts the work of the contractor,
and the above project is complete, the road shall revert back to the
town. Therefore, it shall be the responsibility of the town to perform
regular repairs and/or maintenance on such a road. Furthermore, prior
to placing such a contract up for bid, the County and town shall execute
an agreement acknowledging the above terms and conditions.
[Added 11-25-1980 by L.L. No. 30-1980; amended 12-12-1989 by L.L. No.
5-1990]
A.
Local consideration. The Department of Public Works shall receive
and process all local applications for local consents for omnibus
routes within Suffolk County, pursuant to the provisions of the Transportation
Corporations Law, the Public Service Law and all other applicable
state laws. Within five days of receipt of such applications, the
Department shall forward a copy of each such application to the town
board of each town and the board of trustees of each village in which
are located any streets, roads or highways within the proposed route
over which the applicant proposes to operate. At the time of the forwarding
of copies of applications to the town and village boards, the Department
shall request of said boards their written reactions to and comments
upon such applications within 30 days, including suggestions as to
alternate routing if appropriate. Upon conclusion of said thirty-day
period, the Department shall file with the County Legislature a written
report containing findings and recommendations with respect to such
applications. Where a village or town board has made response to the
Department with respect to the application, the Department's report
shall specifically refer thereto and indicate the Department's comments
thereon and its recommendation as to the position of the town or village
board reflected in said response.
B.
Public hearing and decision. The County Legislature shall hold a
public hearing on such applications as required by law, at which all
interested parties shall be heard. Thereafter, the legislature shall
make a decision with respect to said application, either approving
it, disapproving it or approving it subject to modification or subject
to specific terms and conditions.
C.
Local objections; two-thirds vote. If, within the thirty-day period referred to in Subsection A of this section, the town board of a town or the board of trustees of any village affected by the application as set forth thereinupon files with the Department a written objection to the application, the County Legislature shall not approve said application except by affirmative vote of at least 2/3 of the total membership of said Legislature.
