City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents

§ 3-1 Mayor.

[§ 90, L.L. No. 4-1925; L.L. No. 2-1928; L.L. No. 3-1954; L.L. No. 3-1955; L.L. No. 8-1962; L.L. No. 6-1966; L.L. No. 5-1968; § 2, L.L. No. 6-1970; L.L. No. 9-1970; L.L. No. 19-1970; L.L. No. 5-1971; L.L. No. 3-1974; L.L. No. 12-1974; § 2, L.L. No. 10-1979; § 1, L.L. No. 3-1982; § 1, L.L. No. 5-1984; § 1, L.L. No. 9-1984;[1] § 2, L.L. No. 1-1985; § 1, L.L. No. 4-1987; § 1, L.L. No. 8-1991; § 1, L.L. No. 3-1995; § 1, L.L. No. 6-1998; § 1, L.L. No. 3-2000; § 3, L.L. No. 4-2000; § 1, L.L. No. 4-2007; § 3, L.L. No. 10-2007; § 3, L.L. No. 15-2007; § 2, L.L. No. 5-2008; § 1, L.L. No. 4-2010; § 3, L.L. No. 3-2012]
The Mayor shall be the head of the executive and administrative branch of City government.
The Mayor shall be elected at the general election held in 1985 and every fourth year thereafter. The term of office of the Mayor begin on the first day of January following the election. The term of office of the Mayor shall be four years. The Mayor shall be an elector and shall have resided in the City continuously not less than two years preceding the election. The compensation of the Mayor shall be set by ordinance and may not be altered during the Mayor's term of office.
There shall be in the office of the Mayor a Bureau of Communications, the head of which shall be Director of Communications; an Office of Public Integrity, the head of which shall be the Director of the Office of Public Integrity; and such other operating or staff units as may be deemed necessary by the Mayor to effectively administer City affairs, programs or projects that may from time to time be required.
[1]
Editor's Note: This local law was approved at referendum 11-6-1984 and took effect 1-1-1986.

§ 3-2 Deputy Mayor.

[L.L. No. 22-1970; § 1, L.L. No. 9-1984[1]; § 1, L.L. No. 9-2011]
There shall be a Deputy Mayor who shall be appointed by and serve at the pleasure of the Mayor without confirmation by the Council. The Mayor's functions, powers and duties shall be exercised by the Deputy Mayor under the direction and control of the Mayor. The Deputy Mayor shall have access to all offices of the City departments, courts, boards and commissions in order to aid the Mayor in the administration of City affairs. In case of the absence or disability of the Mayor, the Deputy Mayor shall act as the Mayor. In the event that the office of the Mayor becomes vacant, the Deputy Mayor shall act as the Mayor until the vacancy is filled as provided in this Charter. The Mayor may also designate in writing one or more interim successors who shall temporarily succeed to the powers and duties, but not the office, of Mayor in the event that neither the Mayor nor the Deputy Mayor is able for any reason to perform the powers and duties of the office.
[1]
Editor's Note: This local law was approved at referendum 11-6-1984 and took effect 1-1-1986.

§ 3-2.1 Acting Manager. (Reserved)

[§ 92, L.L. No. 4-1925; L.L. No. 6-1928; L.L. No. 3-1954; L.L. No. 3-1955; L.L. No. 2-1965; L.L. No. 22-1970; repealed by § 1, L.L. No. 9-1984[1]]
[1]
Editor's Note: This local law was approved at referendum 11-6-1984 and took effect 1-1-1986.

§ 3-2.1 Vacancy in the office of Mayor.

[§ 1, L.L. No. 9-1984[1]; § 1, L.L. No. 10-2011[2]]
If there is a vacancy in the office of Mayor arising otherwise than by expiration of term, the Deputy Mayor shall be the Mayor until a successor is elected as set forth herein. If there is no Deputy Mayor at the time of the vacancy, the Council shall appoint by a majority vote a person who is registered in the same political party as the elected Mayor who vacated the office, to be the Mayor until a successor is elected as set forth herein. If such vacancy occurs on or after the date of the general election and not less than 30 days before the last day for filing designating petitions in the subsequent regular election cycle, a successor shall be elected at the next general election occurring after such vacancy, following the procedures set in the Election Law. If such vacancy occurs at any other time, within 20 days of such vacancy Council shall establish the date of a special election at which a successor shall be elected, which election shall be held not less than 70 nor more than 80 days from such date; provided, however, that the special election shall be held at the general election if either the minimum or maximum time to establish and hold such election would expire on the date of the general election or within 45 days before such general election; and provided, further, that the special election shall be held at least 35 days and not more than 42 days after the general election if the maximum time to establish and hold such election would otherwise expire within 42 days after the general election. The person elected as Mayor shall take office upon certification of the election and shall hold office for the remainder of the unexpired term. Notwithstanding the above, if such vacancy occurs on or after the date of the general election in the third year of a term, the Deputy Mayor or appointee shall hold office for the remainder of the unexpired term.
[1]
Editor's Note: This local law was approved at referendum 11-6-1984 and took effect 1-1-1986.
[2]
Editor's Note: This local law was approved at referendum 11-8-2011 and took effect immediately upon certification of said approval.

§ 3-3 Powers and duties of Mayor.

[§ 91, L.L. No. 4-1925; L.L. No. 8-1932; L.L. No. 4-1938; L.L. No. 3-1954; L.L. No. 13-1970; L.L. No. 16-1970; L.L. No. 8-1972; L.L. No. 7-1974; L.L. No. 19-1974; L.L. No. 7-1976; L.L. No. 3-1978; § 1, L.L. No. 11-1980; § 2, L.L. No. 1-1981; § 1, L.L. No. 11-1983; § 1, L.L. No. 9-1984;[1] § 2, L.L. No. 8-1986; L.L. No. 6-1987; L.L. No. 1-1991; § 1, L.L. No. 7-1994; § 1, L.L. No. 2-1997; § 1, L.L. No. 5-1997; § 1, L.L. No. 1-2000; § 1, L.L. No. 2-2000; § 1, L.L. No. 9-2009]
The Mayor shall be responsible for the administration of all City affairs. The Mayor shall have the power and it shall be the Mayor's duty:
A. 
To be the chief executive officer and administrative head of City government.
B. 
To approve or disapprove local laws and ordinances as set forth in this Charter.
C. 
To see that all laws and ordinances are enforced.
D. 
Subject to confirmation by the Council, to appoint the heads of all departments and the members of all boards as set forth in this Charter. No department head or board member shall take office prior to confirmation by the Council, except that if the Council does not act upon an appointment within 30 days after notification of the appointment is made in writing by the Mayor to the President of the Council, the appointment shall be deemed confirmed.
E. 
To exercise supervision and control over all administrative departments, the heads of which the Mayor appoints.
F. 
To attend all meetings of the Council with the right to take part in the discussion but without right to vote.
G. 
To appoint all subordinate officers and employees and to remove all such officers and employees and department heads and members of boards, except as otherwise provided in this Charter.
H. 
To recommend to the Council such measures as the Mayor may deem necessary or expedient.
I. 
To see that all terms and conditions imposed in favor of the City in any public utility franchise are faithfully performed.
J. 
To execute deeds and to enter into contracts on behalf of the City, except as may be otherwise provided by law.
K. 
To prepare and submit to the Council the annual budget.
L. 
To keep the Council at all times fully advised as to the financial condition and needs of the City.
M. 
To perform such other duties as may be required by the Council.
N. 
To prescribe and authorize the appointment of all subordinates, except in cases in which power to make such prescription and/or authorization is conferred by law on some other board, body or official.
O. 
To authorize the payment for household relocation expenditures in such amounts and for such persons as the Mayor may, in the Mayor's discretion, approve on a reimbursement basis upon proper documentation.
P. 
Notwithstanding § 3-3J of the City Charter, the Mayor is hereby authorized to delegate authority to enter into agreements on behalf of the City to the Commissioner of Neighborhood and Business Development in the case of housing assistance and business assistance contracts for programs authorized by the City Council and sales contracts with the United States Department of Housing and Urban Development to purchase foreclosed properties. The Commissioner may further delegate such authority to employees of the Neighborhood and Business Development Department with the approval of the Mayor.
Q. 
To establish and supervise an internal audit group to examine, in accordance with accepted auditing principles, the financial records and procedures of all City departments, bureaus and their subdivisions.
R. 
Notwithstanding § 3-3J of the City Charter, the Mayor is hereby authorized to delegate authority to execute on behalf of the City all instruments relating to real property transactions, including but not limited to deeds, easements, mortgages, environmental indemnification agreements, and related agreements, loans and grants not otherwise delegated to other Department Heads, to the Corporation Counsel.
[1]
Editor's Note: This local law was approved at referendum 11-6-1984 and took effect 1-1-1986.

§ 3-3.1 Interference with City Manager's power and duties. (Reserved)

[L.L. No. 14-1972; § 1, L.L. No. 8-1984; repealed by § 1, L.L. No. 9-1984[1]]
[1]
Editor's Note: This local law was approved at referendum 11-6-1984 and took effect 1-1-1986.

§ 3-3.1 Salary of the Mayor.

[§§ 1, 2, L.L. No. 9-1985; § 1, L.L. No. 5-1989; §§ 1, 2, L.L. No. 13-1993; §§ 1, 2, L.L. No. 6-1997; §§ 1, 2, L.L. No. 3-2001; §§ 1, 2, L.L. No. 10-2005; § 1, L.L. No. 1-2009; §§ 1, 2, 3, L.L. No. 11-2009; §§ 1, 2, L.L. No. 1-2014]
A. 
The annual salary of the Mayor is $140,861.
B. 
In addition to salary, the Mayor shall be entitled to receive all benefits provided to administrative, professional and technical (APT) personnel, subject to the same procedures and restrictions imposed on the provision of those benefits for such employees; provided, however, that because the Mayor is an elected official, benefits relating to leave time shall not apply.
C. 
On January 1 of 2015, 2016, and 2017, the annual salary of the Mayor shall be increased by the same percentage, if any, that the Consumer Price Index - Urban has increased during the most recent twelve-month period prior to January 1 for which such Index has been published, except that no such annual increase shall exceed 3%.
D. 
The Mayor may decline to accept a salary increase through written notification to the Director of Finance.

§ 3-4 Appointment of experts.

[§ 93, L.L. No. 4-1925; L.L. No. 8-1972; L.L. No. 12-1974; L.L. No. 14-1978; § 1, L.L. No. 9-1984;[1] L.L. No. 10-1991]
The Mayor may employ experts, counsel or consultants for special services, provided that compensation for any such services in an amount in excess of $10,000 shall be fixed by the Council.
[1]
Editor's Note: This local law was approved at referendum 11-6-1984 and took effect 1-1-1986.

§ 3-5 Public emergencies.

[§ 94, L.L. No. 4-1925; L.L. No. 4-1957; L.L. No. 4-1958; § 1, L.L. No. 1-1970; L.L. No. 9-1974; L.L. No. 18-1974; § 3, L.L. No. 1-1985; § 1, L.L. No. 9-1984[1]; § 2, L.L. No. 3-1995; § 1, L.L. No. 1-2006]
In case of a public emergency, such as conflagration, riot, storm, flood, earthquake or other unusual peril to the lives and property of the citizens of Rochester, it shall be the right and duty of the Mayor, the Police Chief and the Fire Chief to summon all the forces of different departments of the City for the purpose of protecting the lives and property of the citizens, and the Mayor shall have power to summon, deputize or otherwise employ such other persons as he or she may deem necessary for the purpose of rendering protection to the citizens and the City of Rochester.
[1]
Editor's Note: This local law was approved at referendum 11-6-1984 and took effect 1-1-1986.

§ 3-6 Director of Communications.

[L.L. No. 4-1962; L.L. No. 4-1965; L.L. No. 16-1971; § 1, L.L. No. 9-1984;[1] § 1, L.L. No. 4-1987; L.L. No. 8-1991; § 3, L.L. No. 5-1996; § 1, L.L. No. 1-2006]
The head of the Bureau of Communications shall be the Director of Communications. The Director of Communications shall appoint, subject to the approval of the Mayor, such subordinates and employees of the Bureau of Communications as the Mayor may prescribe. He or she, under the supervision of the Mayor, shall have direction and control of keeping the public informed at all times as to the activities of City departments, boards or commissions; to prepare, for general circulation, articles or reports of general or special information; to prepare and supervise the preparation of news stories and pictures for release to all mediums of public information. It shall also be his or her duty to provide, for the general use of City officials, employees, departments, boards or commissions, a reference library.
All special reports or publications issued by any City department, board or commission for general public information shall be prepared by or subject to the approval of the Director of Communications. He or she shall, from time to time or as directed by the Council or Mayor, submit a report and recommendations to the Council of the various City activities. It shall be his or her duty to prepare and to maintain the records and conduct the research for such reports for the general information of the public, the Council, City officials and departments; and for these purposes he or she may require and in such cases shall receive from each department, bureau, division, board or commission, in the form prescribed, such information or reports as shall be necessary.
He or she, under the supervision of the Mayor, shall have direction and control of the public relations and promotional activities of the City. It shall also be his or her duty to prepare the promotional and other advertising for the City; to provide facilities for the receipt and disposition of all complaints or suggestions from the public relating to City services; to provide information services and facilities for the convenience of the public, and to prepare standards for public relations for all City services.
[1]
Editor's Note: This local law was approved at referendum 11-6-1984 and took effect 1-1-1986.

§ 3-7 Office of Emergency Communications. (Reserved) [1]

[§ 3, L.L. No. 3-1995; § 1, L.L. No. 4-2000[2]]
[1]
Editor's Note: Former § 3-7, Director of Planning, added by L.L. No. 7-1962, was repealed by L.L. No. 3-1974.
[2]
Editor's Note: This local law provided for this section to be amended and renumbered as § 8D-1. See now § 8D-1, Emergency Communications Department.

§ 3-8 Budget Director. (Reserved)

[§ 185-a, L.L. No. 4-1925, as added by L.L. No. 2-1948 as amended by L.L. No. 12-1963; § 1, L.L. No. 9-1984;[1] § 1, L.L. No. 5-1996; § 1, L.L. No. 1-2006; § 1, L.L. No. 15-2007[2]]
[1]
Editor's Note: This local law was approved at referendum 11-6-1984 and took effect 1-1-1986.
[2]
Editor's Note: This local law provided for this section to be amended and renumbered as § 6A-1. See now § 6A-1, Office of Management and Budget.

§ 3-8.1 Emergency Communications Center Manager. (Reserved)

[Added by § 2, L.L. No. 3-1982; § 1, L.L. No. 9-1984; repealed by § 4, L.L. No. 1-1985]

§ 3-8.1 Neighborhood Service Centers Director. (Reserved)

[Added by § 1, L.L. No. 1-1997; § 1, L.L. No. 1-2001; § 2, L.L. No. 11-2002; § 1, L.L. No. 7-2005; § 1, L.L. No. 5-2008; repealed by § 1, L.L. No. 4-2009]

§ 3-8.2 Director of Human Resource Management. (Reserved)

[Added by § 1, L.L. No. 6-1970; amended by L.L. No. 9-1970; L.L. No. 8-1974; § 2, L.L. No. 10-1979; § 1, L.L. No. 9-1984[1]; § 2, L.L. No. 5-1996; § 1, L.L. No. 6-1998; § 1, L.L. No. 1-2006; § 1, L.L. No. 3-2012[2]]
[1]
Editor's Note: This local law was approved at referendum 11-6-1984 and took effect 1-1-1986.
[2]
Editor's Note: This local law provided for this section to be amended and renumbered as § 6B-1. See now Art. V1B, § 6B-1, Department of Human Resource Management.

§ 3-9 Administrator of Zoning. (Reserved)

[Added by L.L. No. 7-1966; repealed by L.L. No. 5-1968]

§ 3-9 Annual budget estimate.

[§ 185, L.L. No. 4-1925; L.L. No. 29-1932; L.L. No. 2-1943; L.L. No. 7-1948; repealed by L.L. No. 9-1956. New § 185 added by L.L. No. 9-1956; L.L. No. 3-1957; L.L. No. 4-1965; L.L. No. 7-1966; L.L. No. 5-1968; L.L. No. 6-1968; L.L. No. 2-1971; L.L. No. 5-1974; L.L. No. 3-1976; L.L. No. 5-1976; L.L. No. 9-1978; § 1, L.L. No. 1-1980; § 1, L.L. No. 3-1981; § 1, L.L. No. 9-1984;[1] L.L. No. 7-1986; § 1, L.L. No. 6-2002; § 1, L.L. No. 2-2004; § 1, L.L. No. 1-2005; § 1; L.L. No. 1-2006]
The fiscal year of the City shall begin on July 1 of each calendar year and shall end on June 30 of the ensuing calendar year. No later than 32 calendar days prior to the last regularly scheduled City Council meeting of June in each year, the Mayor shall submit to the Council a budget estimate for the ensuing fiscal year.
The classification of the estimate for the various departments shall be as uniform as possible, and the estimate shall contain the following information:
A. 
An itemized estimate of the expense of conducting each department, bureau, division or office, except the Board of Education, for the ensuing fiscal period.
B. 
A statement of the expenditures by items by department, bureau, division or office for the last complete fiscal period.
C. 
An estimate of the probable expenditures by items by department, bureau, division or office for the full twelve (12) months of the current fiscal period.
D. 
The reasons for the proposed increases or decreases in any items of the proposed estimate compared with the corresponding appropriation for the current fiscal period.
E. 
A separate schedule from such departments as the Mayor may require, showing the proposed work program for the ensuing fiscal period.
F. 
A schedule of positions for each individual departmental budget, showing the number of positions, titles, and pay brackets for each classification of positions assigned to each departmental budget for the current and ensuing fiscal period.
G. 
A statement showing the actual prior year's revenue, estimated current revenue and other receipts during the ensuing fiscal period to produce the amount required for meeting the proposed expenditures.
H. 
The amounts required for interest on the City's debt for sinking-fund installments, for maturing serial bonds and for other maturing debt during the ensuing fiscal period.
I. 
The amounts required for other fixed charges and for a contingent fund which may be established.
J. 
An estimate of the probable deficit, if any, for the current fiscal period and of any residue of deficit from the next preceding fiscal period.
K. 
The sum of Subsections A, H, I and J which, when adopted by the Council, shall constitute the annual budget estimate for the ensuing fiscal period.
L. 
A statement of the amount of taxes levied in each of the five prior fiscal periods and the percentage of current taxes collected during each such period.
M. 
A statement of the City's debt at the time the budget estimates are submitted to the Council.
N. 
A statement of the types, limits and major exclusions of each insurance policy currently in effect or anticipated for the ensuing fiscal period and the estimated appropriation required for each.
O. 
A multiyear projection of revenues and expenses.
P. 
A table of contents, glossary, organization chart, salary schedules, summary of full-time positions, summary of current-year's budget amendments, index, and any other such general information that would assist in the review of the budget document.
Q. 
Such other information as the Mayor may deem desirable or as may be required by the Council.
No later than thirty-three (33) calendar days prior to the last regularly scheduled City Council meeting of June in each year, the Board of Education shall submit to the Mayor a budget estimate for the ensuing fiscal year. The classification of the estimate for the various operating units of the City School District shall be as uniform as possible, and, consistent with the Mayor's budget estimate, the Board of Education's estimate shall contain the following information:
A.
An itemized estimate of the expense of conducting each operating unit for the ensuing fiscal period.
B.
A statement of the expenditures by items for each operating unit for the last complete fiscal period.
C.
An estimate of the probable expenditures by items for each operating unit for the full twelve (12) months of the current fiscal period.
D.
The reasons for the proposed increases or decreases, of at least $25,000 or 25%, in any items of the proposed estimate compared with the corresponding appropriation for the current fiscal period.
E.
A separate schedule from such operating units showing the proposed work program for the ensuing fiscal period.
F.
A schedule of positions for each operating unit's budget, showing the number of positions, titles, and pay brackets for each classification of positions assigned to each operating unit's budget for the current year and ensuing fiscal period. Such information for teachers and paraprofessionals shall be provided in a summary format.
G.
A statement showing the actual revenue for the prior budget year, estimated current year's revenue, and estimated revenue and other receipts during the ensuing fiscal period to produce the amount required for meeting the proposed expenditures.
H.
The amounts required for interest on the City School District's debt for sinking-fund installments, for maturing serial bonds, and for other maturing debt during the ensuing fiscal period.
I.
The amounts required for other fixed charges and for a contingent fund which may be established.
J.
An estimate of the probable deficit, if any, for the current fiscal period and of any residue of deficit from the next preceding fiscal period.
K.
The sum of Subsections A, H, I and J which, when adopted by the Council, shall constitute the annual budget estimate for the ensuing fiscal period.
L.
A multi-year projection of revenues and expenses.
M.
A five-year Capital Improvement Program.
N.
A table of contents, glossary, organization chart, salary schedules, summary of full-time positions by operating unit, summary of current year's budget amendments, index, and any other such general information that would assist in the review of the budget document.
O.
Such other information as the Superintendent may deem desirable or as may be required by the Board of Education.
The Mayor may provide printed copies of the budget estimate, thus prepared, for public distribution.
Upon receipt of the Mayor's proposed budget estimate and the budget estimate of the Board of Education, the Council shall consider the same and give a public hearing to all persons wishing to be heard in reference thereto. The Council may increase, decrease or reject any item contained in the estimate received from the Mayor, except items relating to indebtedness, judgments and estimated revenues; but the individual salaries and wages of officers and employees shall not, for this purpose, be regarded as separate items. The Council may increase, diminish or reject any item contained in the estimate received from the Board of Education, except for fixed charges for which the City is liable.
After the public hearing and on or before the 20th day of June of each year, the Council shall adopt the estimates as submitted, or as amended, and pass an appropriation ordinance.
If no additions are made by the Council, the budget, as passed by it, shall be deemed to have been adopted without any action of the Mayor; reductions to the proposed budget do not require the approval of the Mayor. If, however, the budget as passed by the Council contains any additions, it must be presented by the City Clerk to the Mayor for approval. If the Mayor approves all the additions, the Mayor shall affix his or her signature to a statement thereof and return the budget and such statement to the City Clerk. The budget, including the additions as part thereof, shall then be deemed to have been adopted.
The Mayor may object to any one or more of such items and in such case shall append to the budget a statement of the added items to which he/she objects with the reasons for his or her objections. The Mayor shall return the budget with objections to the City Clerk on or before the 25th day of June. The Council shall thereupon enter the objections upon its journal and proceed to reconsider the additions so objected to, only one vote being taken for each reconsideration.
If upon such reconsideration, 2/3 of all members of Council vote to approve such additions, or any of them, these additions, together with those not objected to by the Mayor, are so adopted, provided that additions to the budgets of the City Council or the City Clerk's Office objected to by the Mayor may be adopted upon reconsideration by a majority vote of Council. If the budget with additions is not returned by the Mayor to the City Clerk with objections on or before the 25th day of June, it shall be deemed to have been approved.
If a budget has not been adopted, as herein provided, on or before the 30th day of June each year, then the budget as submitted by the Mayor, including all additions to which the Mayor has failed to object, shall be the budget for the ensuing fiscal year.
The Mayor shall submit quarterly reports to the Council comparing actual revenues and expenditures to the revenue and expenditure estimates provided in the operating budget.
[1]
Editor's Note: This local law was approved at referendum 11-6-1984 and took effect 1-1-1986.

§ 3-9.1 Allocation of funding and debt-incurring power between City and City School District.

[L.L. No. 6-1982; § 1, L.L. No. 1-1986; § 1, L.L. No. 3-1991;[1] L.L. No. 4-1993; L.L. No. 1-1994[2]; § 1, L.L. No. 2-1996; § 1, L.L. No. 5-1998; § 1, L.L. No. 5-2002; § 1, L.L. No. 4-2004]
A. 
The City shall provide to the City School District the sum of $119,100,000.
B. 
The limitation of 9% for indebtedness, as set forth in § 4 of Article VIII of the Constitution of the State of New York, shall be allocated on the basis of 5 1/2% for municipal indebtedness as determined by the Council and 3 1/2% for indebtedness for educational purposes as determined by the Board of Education.
C. 
(Reserved)
D. 
(1) 
The Board of Education shall, upon the date set by law and Charter, submit to the Mayor of the City of Rochester an itemized budget for the ensuing fiscal year whose expenditures shall not exceed revenues provided by the above distribution plus revenues estimated to be allocated to the City School District by the state or federal government.
(2) 
The annual budget of the City School District submitted by the Board of Education shall contain an amount for cash capital of at least $10,000,000.
(3) 
(Reserved)
E. 
(Reserved)
[1]
Editor's Note: Section 2 of L.L. No. 3-1991 provided as follows: "This local law shall first be effective in fiscal year 1991-1992 and § 3-9.1 of the City Charter, as amended by this local law, shall be in effect through fiscal year 1995-1996."
[2]
Editor's Note: Section 2 of this local law provided that it take effect 7-1-1994 and expire 6-30-1996.

§ 3-10 General City expenses (annual estimate).

[§ 62, c. 755, L. 1907; c. 342, L. 1914; c. 480, L. 1916; c. 495, L. 1918; c. 292, L. 1921; L.L. No. 4-1925; c. 761, L. 1945; L.L. No. 9-1956; L.L. No. 2-1961; L.L. No. 2-1966; L.L. No. 7-1966; L.L. No. 5-1968; L.L. No. 11-1975; L.L. No. 16-1975; L.L. No. 7-1986]
The estimate of expenditures may contain an estimate of funds required for a contingent appropriation to pay general expenses of the City, and may contain a sum not less than $1,500 nor exceeding $8,500 for the purpose of paying the expenses of a proper observance of Memorial Day, to be expended under the direction of the various veteran organizations of the City.

§ 3-11 Bureau of Community Relations. (Reserved)

[Added by L.L. No. 5-1970; repealed by L.L. No. 4-1971]

§ 3-12 Chief Information Officer. (Reserved)

[Added by L.L. No. 9-1970; § 1, L.L. No. 9-1984;[1] § 1, L.L. No. 3-2000; § 1, L.L. No. 1-2006; § 1, L.L. No. 2-2007; § 1, L.L. No. 10-2007[2]]
[1]
Editor's Note: This local law was approved at referendum 11-6-1984 and took effect 1-1-1986.
[2]
Editor's Note: This local law provided for this section to be amended and renumbered as § 8E-1. See now § 8E-1, Information Technology Department.

§ 3-13 Director of the Office of Public Integrity.

[L.L. No. 3-1978; § 3, L.L. No. 8-1986; L.L. No. 1-1991;[1] § 1, L.L. No. 3-2007]
The head of the Office of Public Integrity shall be the Director of the Office of Public Integrity. Under the supervision of the Mayor, he or she shall articulate the standards of business conduct for the City and shall coordinate the analysis, investigation and resolution of concerns and complaints involving City government operations. The Director shall oversee the Manager of Internal Audit and the internal audit staff, which shall develop and conduct an internal audit program on a timely basis. Such program shall examine the financial records and procedures of all City departments, bureaus and their subdivisions in accordance with accepted auditing principles and practices.
[1]
Editor's Note: This local law renumbered former § 6-5 as § 3-13.

§ 3-14 Qualifications of appointed officers.

[§ 1, L.L. No. 9-1984[1]]
A. 
The Deputy Mayor shall be a person qualified by formal training in public administration, finance or related fields or by equivalent experience and training sufficient to indicate capacity for effective government administration.
B. 
Department heads shall be qualified by formal training in public administration or related fields concerning the department's mission, or by equivalent experience and training to indicate capacity for effective government administration of a given department. The specific qualifications required for such positions and other principal administrative positions in the unclassified service or exempt class, as specified in the Civil Service Law of the State of New York, shall be set forth in the Municipal Code.
[1]
Editor's Note: This local law was approved at referendum 11-6-1984 and took effect 1-1-1986.

§ 3-15 Abatement of nuisances.

[§ 1, L.L. No. 7-1985; § 1, L.L. No. 1-1993; § 4, L.L. No. 3-1995;[1] L.L. No. 1-1996; § 1, L.L. No. 8-2003; § 1, L.L. No. 8-2006; § 1, L.L. No. 6-2009]
A. 
Declaration of legislative findings. The Council finds that public nuisances exist in the City of Rochester in the operation of certain establishments and the use of property in flagrant violation of certain Penal Law and Municipal Code provisions, which nuisances substantially and seriously interfere with the interest of the public in the quality of life and total community environment, commerce in the City, property values and the public health, safety and welfare. The Council further finds that the continued occurrence of such activities and violations is detrimental to the health, safety and welfare of the people of the City of Rochester and of the businesses thereof and the visitors thereto. It is the purpose of the Council to authorize and empower the Mayor to impose sanctions and penalties for such public nuisances, and such powers of the Mayor may be exercised either in conjunction with, or apart from, the powers contained in other laws without prejudice to the use of procedures and remedies available under such other laws. The Council further finds that the sanctions and penalties imposed by the Mayor pursuant to this law constitute an additional and appropriate method of law enforcement in response to the proliferation of the above-described public nuisances. The sanctions and penalties are reasonable and necessary in order to protect the health and safety of the people of the City and to promote the general welfare. The Council finds that it is the public policy of the City of Rochester to ensure that all victims of domestic violence, dating violence, stalking, or sexual abuse in an emergency are able to contact police or emergency assistance without penalty under this ordinance. The Council further finds that this law is not intended to sanction, penalize or displace victims of domestic violence, dating violence, stalking or sexual abuse who are victims of triggering enumerated crimes or violations that are deemed public nuisances pursuant to § 3-15B; accordingly points, sanctions and penalties assessed under this ordinance shall not be applied against the premises where an owner, lessor, lessee, mortgagee or any other person in possession or having charge of as agent or otherwise, or having any interest in the property, real or personal was a victim of the enumerated crime or violation triggering the public nuisance incident.
[§ 1, L.L. No. 3-2015]
B. 
Public nuisances defined. For purposes of this section, a public nuisance shall be deemed to exist whenever through violations of any of the following provisions resulting from separate incidents at a building, erection or place, or immediately adjacent to the building, erection or place as a result of the operation of the business, 12 or more points are accumulated within a period of six months, or 18 or more points within a period of 12 months, in accordance with the following point system. Where more than one violation occurs during a single incident, the total points for the incident shall be the highest point value assigned to any single violation.
(1) 
The following violations shall be assigned a point value of six points:
(a) 
Article 220 of the Penal Law — Controlled Substances Offenses.
(b) 
Article 221 of the Penal Law — Offenses Involving Marihuana.
(c) 
Article 225 of the Penal Law — Gambling Offenses.
(d) 
Article 230 of the Penal Law — Prostitution Offenses.
(e) 
Sections 165.15(4), (6), (7), and (8), 165.40, 165.45, 165.50, 165.52, 165.54, 165.71, 165.72, and 165.73 of the Penal Law — Criminal Possession of Stolen Property.
(f) 
The Alcoholic Beverage Control Law.
(g) 
Article 265 of the Penal Law — Firearms and Other Dangerous Weapons.
(h) 
Sections 260.20 and 260.21 of the Penal Law — Unlawfully Dealing with a Child.
(i) 
Article 263 of the Penal Law — Sexual Performance by a Child.
(j) 
Section 415-a of the Vehicle and Traffic Law — Vehicle Dismantlers.
(k) 
Section 175.10 of the Penal Law — Falsifying Business Records.
(l) 
Sections 170.65 and 170.70 of the Penal Law — Forgery of and Illegal Possession of a Vehicle Identification Number.
(m) 
Possession, use, sale or offer for sale of any alcoholic beverage in violation of Article 18 of the Tax Law, or of any cigarette or tobacco products in violation or Article 20 of the Tax Law.
(n) 
Article 158 of the Penal Law — Welfare Fraud.
(o) 
Article 178 of the Penal Law — Criminal Diversion of Prescription Medications and Prescriptions.
(p) 
Section 147 of the Social Services Law — Food stamp program fraud.
(q) 
Section 3383 of the Public Health Law — Imitation controlled substances.
(r) 
The Agriculture and Markets Law.
(s) 
Operating a premises without the requisite business permit in violation of § 90-33 of the Code of the City of Rochester.
(t) 
Sections 240.36 and 37 of the Penal Law — Loitering in the First Degree and Loitering for the Purpose of Engaging in a Prostitution Offense.
(u) 
Section 2024 of Title 7 of the United States Code.
(v) 
Section 1324a of Title 9 of the United States Code.
(w) 
Suffering or permitting the premises to become disorderly, including suffering or permitting fighting or lewdness.
(x) 
Chapter 75 of the Municipal Code — Noise.
(2) 
The following violations shall be assigned a point value of four points:
(a) 
Chapter 20 of the Code of the City of Rochester — Refuse Collection.
(b) 
Chapter 29 of the Code of the City of Rochester — Amusements.
(c) 
Chapter 47 of the Code of the City of Rochester — Dangerous Articles.
(d) 
Chapter 54 of the Code of the City of Rochester — Fire Prevention Code.
(e) 
Chapter 90 of the Code of the City of Rochester — Property Code.
(f) 
Any commercial violations of Chapter 120 of the Code of the City of Rochester — Zoning.
(g) 
Allowing persons on the premises in excess of occupancy limits.
(h) 
Chapter 569, Article 8 (Service Food Establishments) and Article 9 (Food and Food Establishments) of the Laws of the County of Monroe — Sanitary Code.
(3) 
The following violations shall be assigned a point value of three points:
(a) 
Chapter 69 of the Municipal Code — Littering.
(b) 
Sections 31-5, 35-11 and 35-19 of the Municipal Code — Howling dogs, Number of Dogs, and Nuisances.
(c) 
Operating a business at the premises in a manner which causes it to be a source of disruption for the neighborhood and/or a focal point of police attention.
(4) 
For purposes of this section, a conviction for an offense in a court of competent jurisdiction or an administrative bureau shall not be required. Instead, the City shall prove by a preponderance of the evidence that the violations have occurred. However, a conviction as defined and applied in accordance with the provisions of Section 1.20 of the Criminal Procedure Law, in any court of competent jurisdiction, or a conviction or plea of guilty in the Municipal Code Violations Bureau, shall constitute conclusive proof of a violation. Conviction of an attempt to commit a violation of any of the specified provisions shall be considered a conviction for a violation of the specified provision.
(5) 
With regard to a residential property, no points, sanctions and penalties assessed under this ordinance shall be applied against the premises where an owner, lessor, lessee, mortgagee or any other person in possession or having charge of as agent or otherwise, or having any interest in the property, real or personal was a victim of the enumerated crime or violation triggering the public nuisance incident and is a victim of domestic violence, dating violence, sexual abuse, or stalking.
[§ 1, L.L. No. 3-2015]
(6) 
For the purposes of this section, "victim of domestic violence" shall be defined by Social Services Law § 459-a.
[§ 1, L.L. No. 3-2015]
C. 
Powers of the Mayor with respect to public nuisances.
(1) 
In addition to the enforcement procedures established elsewhere, the Mayor or the Mayor's designee, after notice and opportunity for a hearing with respect to a public nuisance, shall be authorized:
(a) 
To order the closing of the building, erection or place to the extent necessary to abate the nuisance; or
(b) 
To suspend for a period not to exceed six months or revoke for a period of one year a business permit issued for such premises, and to prevent the operator from obtaining a new business permit for another location for the period of suspension or revocation; or
(c) 
To suspend for a period not to exceed six months or revoke for a period of one year any occupational license or permit issued by the City related to the conduct of a business or trade at the premises, which suspension or revocation shall also apply to any other locations operated by the holder for which the license or permit is required; or
(d) 
To suspend for a period not to exceed six months or revoke for a period of one year eligibility to secure grants or loans from the City of Rochester; or
(e) 
Any combination of the above.
(2) 
Service of notice.
(a) 
Prior to the issuance of orders by the Mayor or the Mayor's designee pursuant to this section, the Mayor or the Mayor's designee shall give notice and opportunity for a hearing to the owner, lessor, lessee and mortgagee of a building, erection or place wherein the public nuisance is being conducted, maintained or permitted. Such notice shall be served upon an owner pursuant to Article 3 of the Civil Practice Law and Rules or by means of first-class mail with delivery confirmation sent to the owner's last known address, upon a lessee pursuant to § 735 of the Real Property Actions and Proceedings Law, and upon a mortgagee by means of first-class mail with delivery confirmation sent to the mortgagee's last known address, provided that any service other than delivery to the person to be served shall be complete immediately upon delivery, mailing or posting without the necessity of filing proof of service with the clerk of any court before the hearing. The person in whose name the real estate affected by the orders of the Mayor or the Mayor's designee is recorded in the office of the County Clerk shall be presumed to be the owner thereof. Proceedings shall be commenced by service of the notice and opportunity for a hearing within 90 days after the occurrence of the most recent violation cited in the notice. Notices shall inform the parties that with regard to residential properties, no points, sanctions and penalties assessed under this ordinance shall be applied against the premises where an owner, lessor, lessee, mortgagee or any other person in possession or having charge of as agent or otherwise, or having any interest in the property, real or personal was a victim of the enumerated crime or violation triggering the public nuisance incident and is a victim of domestic violence, dating violence, sexual abuse, or stalking.
[§ 1, L.L. No. 2-2015; § 1, L.L. No. 3-2015]
(b) 
The lack of knowledge of, acquiescence or participation in or responsibility for a public nuisance on the part of the owners, lessors, lessees, mortgagees and all those persons in possession or having charge of as agent or otherwise, or having any interest in the property, real or personal used in conducting or maintaining the public nuisance, shall not be a defense by such owners, lessors and lessees, mortgagees and such other persons.
(c) 
Every Certificate of Occupancy, Certificate of Zoning Compliance and real property tax bill issued by any City Department shall state the number of nuisance points, if any, assessed against the premises as of the date of the record being issued.
(3) 
Orders of the Mayor or the Mayor's designee issued pursuant to this section shall be posted at the building, erection or place where a public nuisance exists or is occurring in violation of law and shall be mailed to the owner of record thereof within one business day of the posting.
(4) 
Five business days after the posting of an order issued pursuant to this section and upon the written directive of the Mayor or the Mayor's designee, officers of the Rochester Police Department are authorized to act upon and enforce such orders.
(5) 
Where the Mayor or the Mayor's designee closes a building, erection or place pursuant to this section, such closing shall be for such period as the Mayor or the Mayor's designee may direct, but in no event shall the closing be for a period of more than one year from the posting of the order pursuant to this section. If the owner, lessor or lessee shall file a bond in an amount determined by the Mayor or the Mayor's designee but which may not exceed the value of the property ordered to be closed and submit proof satisfactory to the Mayor or the Mayor's designee that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the building, erection or place has been directed to be closed by the order of the Mayor or the Mayor's designee, then the Mayor or the Mayor's designee may vacate the provisions of the order that direct the closing of the building, erection or place.
(6) 
A closing directed by the Mayor or the Mayor's designee pursuant to this section shall not constitute an act of possession, ownership or control by the City of the closed premises, nor will it constitute a closure caused by a government for purposes of nonconformity under § 120-199G(2) of the Zoning Code of the City of Rochester.
(7) 
It shall be a misdemeanor for any person to use or occupy or to permit any other person to use or occupy any building, erection or place, or portion thereof, ordered closed by the Mayor or the Mayor's designee. Mutilation or removal of a posted order of the Mayor or the Mayor's designee shall be punishable by a fine of not more than $250 or by imprisonment not exceeding 15 days, or both, provided such order contains therein a notice of such penalty.
(8) 
Intentional disobedience or resistance to any provision of the orders issued by the Mayor or the Mayor's designee pursuant to this section, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than $1,000 or by imprisonment not to exceed six months, or both.
(9) 
The Mayor or the Mayor's designee may promulgate rules and regulations to carry out and give full effect to the provisions of this section, including but not limited to rules and regulations to insure that with regard to a residential property, no points, sanctions and penalties assessed under this ordinance shall be applied against the premises where an owner, lessor, lessee, mortgagee or any other person in possession or having charge of as agent or otherwise, or having any interest in the property, real or personal was a victim of the enumerated crime or violation triggering the public nuisance incident and is a victim of domestic violence, dating violence, sexual abuse, or stalking.
[§ 1, L.L. No. 3-2015]
(10) 
If any provision of this section or the application thereof to any person or circumstances is held invalid, the remainder of this section and the application of such provisions to other persons and circumstances shall not be rendered invalid thereby.
(11) 
The Mayor shall prepare a quarterly report to be submitted to City Council summarizing the actions taken under this section and indicating the results of such actions.
[1]
Editor's Note: This local law provided for this section, which was formerly § 8-5, to be renumbered as § 3-15.