[L. 1916, c. 409]
The two (2) Directors of Public Works shall be appointed by
the Mayor with the consent of the Common Council as hereinbefore prescribed,
and together with the Mayor shall constitute the Department of Public
Works of said city. The Department shall have regular times and places
of meeting not less than once in each calendar month, and such session
shall be public; and the Mayor shall be President thereof by virtue
of his office. A majority of the members of the Board shall constitute
a quorum for the transaction of business other than to adjourn.
Each of the persons appointed Directors of Public Works in the
City of Hornell shall serve without compensation and before entering
upon the discharge of his office shall take and subscribe the oath
of office prescribed by the constitution of the state and file the
same in the office of the Clerk of the City of Hornell. Any Director
may be removed from office for cause by the Common Council of the
city by a two-thirds (2/3) vote thereof, upon charges preferred, in
writing, and served upon the Director against whom the same are preferred,
and after reasonable opportunity to be heard on his own behalf.
The City Chamberlain of the City of Hornell shall be ex officio
Treasurer of the Department of Public Works and Department of Public
Safety. He shall perform such duties as Treasurer as may be directed
by said Departments. The bond given by the City Chamberlain to the
city, pursuant to the provisions of this Charter, shall apply to his
duties as Treasurer of the Department of Public Works and Department
of Public Safety, and the condition of said bond shall be broken and
violated if the City Chamberlain, as Treasurer of either of said Departments,
shall not faithfully discharge the duties of that office and account
for and pay over all moneys which shall come into his hands as Treasurer
of said Departments, and the city may sue and recover on said bond.
A.
It shall be the duty of the Department of Public Works as provided in § C-70 of this act to make and submit to the Common Council a written estimate of the expenses of said Department for the ensuing year, as follows:
(1)
For cleaning the streets of the city.
(2)
For ordinary repairs of the streets, sidewalks and crosswalks of
the city.
(3)
For the portion of the expenses of paving, macadamizing, grading
or curbing or any other new work which should be borne by the city
at large.
(4)
For the maintenance and care of bridges or the building of new bridges.
(5)
For the maintenance, ornamentation and improvement of public parks
of the city.
(6)
For the care and ordinary repair of the sewers of the city.
(7)
For building new sewers.
(8)
For the purchase or repair of machinery, implements and utensils
for the use of the Department.
(9)
For other expenses of said Department not above specifically mentioned.
B.
The Common Council shall have power to modify or ratify said estimate
as herein provided, and said Department shall not have the right to
expend any greater sum for each purpose specified than is authorized
by the Common Council.
The Directors of Public Works in said city shall be Commissioners
of Highways in and for said city and shall have all the powers of
Commissioners of Highways in towns, subject to the provisions of this
Charter.
The Department of Public Works may appoint a Superintendent
of Public Works, who shall receive a salary to be determined by the
Department of Public Works. The Superintendent of Public Works may
be removed from office at any time by the Department of Public Works.
The Superintendent of Public Works shall be an officer of the Department
of Public Works and not a city officer. He shall do such engineering
work and perform such other duties as may be directed by the Department
of Public Works. The City Clerk shall be Clerk or Secretary of the
Department of Public Works. The Department of Public Works shall have
the power, subject to the provisions of law, to hire and discharge
such and so many employees and laborers as may be necessary to carry
out the purposes of the Department. The Department of Public Safety,
City Attorney and the Common Council shall have the right at any time
to call on the Superintendent of Public Works for services, information
or advice in matters pertaining to their duties.
[L.L. No. 2-1961; L.L. No. 1-1963; L.L. No. 1-1964]
A.
The Department of Public Works shall have charge of the streets,
alleys, lanes, parks and public places of the city and of all work
required thereon. They shall have the power to require the owner of
a lot or land adjoining a street or streets to build, rebuild, repair
and maintain a sidewalk along such street or streets and, if said
land is unoccupied, to keep the sidewalks, when built, free of snow
and ice and in a clean condition. If such lot or land is occupied,
the occupant shall be required to keep such sidewalk free of snow
and ice and in a clean condition. Notice shall be given to the owner
of any lot or land to build, rebuild or repair sidewalk along said
owner's lot or land within five (5) days after the service of
the notice. Such notice shall specify the location, whether said walk
is to be built, rebuilt or repaired, the width of the walk and the
material with which it shall be built, rebuilt or repaired and shall
be served personally or left at the owner's residence, if he
resides in the city, and if not, may be left with the agent having
charge of said lot or land, if known. If the owner is a nonresident
and service cannot be made as above provided, then said notice may
be served by publishing the same in the official newspaper once and
a copy of such notice shall be retained and proof of service shall
be endorsed thereon. If said walk is not built, rebuilt or repaired
in accordance with said notice, then the Department of Public Works
shall cause the same to be built, rebuilt or repaired at the expense
of the owner. Within ten (10) days after such walk shall have been
built, rebuilt or repaired by said Department, a statement, in detail,
of the cost thereof shall be made and served on the owner in the same
manner that the notice to build, rebuild or repair was served, and
said statement shall require the owner of the lot or land to pay the
amount stated to the City Chamberlain within ten (10) days and a copy
of such statement, with an affidavit of service endorsed thereon,
shall be delivered to the City Chamberlain. If not paid at the time
specified, the City Chamberlain shall so report to the Department
of Public Works and said Department may direct the collection thereof
by any process of law. If when the next general tax levy is made,
the amount set forth in said statement is unpaid, in whole or in part,
said Department shall furnish the Common Council a statement thereof
and said Common Council shall add the amount of such statement remaining
unpaid together with a penalty of ten per centum (10%) on the amount
from the time when it should have been paid to the tax due on said
lot or land or from the owner thereof and the whole amount thereof
shall be collected by the City Chamberlain in the manner provided
herein for collecting taxes and, when collected, the amount mentioned
in said statement and the penalty thereon shall be placed to the credit
of the Department of Public Works Fund or said Department may collect
the amount of said statement and penalty added by an action in the
name of the city, the recovery to be placed to the credit of said
fund. Said Department shall establish the grade of all streets where
the same has not been established and the distance from the line of
said street to the sidewalk which shall be the sidewalk line; and
sidewalks shall be built on said grade and line.
B.
If the occupant of any land or the owner of unoccupied land shall
neglect to remove snow and ice from the sidewalks adjoining such land
for more than two (2) hours between 7:00 a.m. and 6:00 p.m., then
the Department of Public Works shall cause the snow and ice to be
removed, and the expense thereof shall be paid by such occupant or
owner as the case may be as a penalty for failing to remove such snow
and ice, which penalty shall be collected in the manner herein provided
for collecting penalties or by an action in the name of the city brought
by said Department or by any process of law, and the amount so collected
or received shall be placed to the credit of the Department of Public
Works Fund. A failure to remove snow and ice as heretofore provided
shall constitute an offense and subject such occupant or owner thereof
to a fine of not less than ten dollars ($10.) nor more than fifty
dollars ($50.). This penalty is in addition to the prior provisions
of § C-176 of the City Charter and is not an exclusive penalty
or remedy for the enforcement of the removal of snow and ice from
sidewalks located within the City of Hornell.
C.
Service of such written notice shall be by personal service upon
the occupant or occupants of occupied property or upon the record
owner of unoccupied property in the manner provided by § 308
or 311 of the Civil Practice Law and Rules. Service of such notice
shall be completed twenty-four (24) hours after proof of such service,
in the form prescribed by R306 Civil Practice Law and Rules, is filed
in the office of the City Clerk of the City of Hornell.
If, however, the owner of any land shall fail to keep a sidewalk
in repair and, in the opinion of said Department of Public Works,
such walk or any part thereof is in a dangerous condition, then said
Department may repair the same at once at the expense of the owner,
without serving the notice herein provided for, and in the same manner
and with the same effect as if notice to repair has been served and
the owner had failed to comply therewith or said Department may remove
the walk needing repairs and not repair or rebuild the same.
[L.L. No. 1-1928]
Said Department of Public Works shall have further power as
follows:
A.
Objects, etc., in streets, etc. To regulate, prevent and prohibit
placing, throwing, depositing or leaving in any public street, alley,
park or public place in said city any stone, brick, sand, building
material, leaves, grass, ashes, bottles, glass, rubbish or any refuse
matter whatever; and to prevent and prohibit placing, throwing, depositing
or leaving in any stream, creek or river in said city or between the
walls, piling or banks of such stream, creek or river in said city
any leaves, grass, ashes, bottles, glass, rubbish or refuse matter
whatever; and to provide for the punishment of any person, persons
or corporation committing any of the said acts or responsible for
the same and the imposition of fines or penalties therefor.
B.
Width, location of streets. To regulate, define and describe the
width and location of all new streets or alleys; to regulate, restrain
or prohibit the opening of new streets or the use of new streets therein
until a map showing the proposed streets and alleys is submitted to
the Department of Public Works and such map is approved and such streets
and alleys are laid out as public streets or alleys.
C.
Street names, numbering of buildings, etc. To designate and alter
the names of streets, avenues and alleys and the number of all lots
and buildings.
D.
Restrictions on railroads, corporations, etc., generally. To require
and compel any street railway, railroad or other corporation or company
to keep any street, alley or highway through which its road may pass
in said city and the gutters, drains and culverts of said road in
good condition and repair; to build or rebuild the track or tracks
of such street railway or railroad or any portion thereof, in accordance
with the established grade of such street, alley or highway; and to
remove without unnecessary delay all incumbrances and obstruction
which said corporation or company shall have placed or caused to be
placed upon such street, alley or highway. If such company or corporation
shall refuse or neglect to do any of the acts required of it by this
subsection after being notified to do the same, the Department of
Public Works shall have the power to cause the same to be done at
the expense of such corporation or company, except when said track
or tracks were built on the then grade or when there was no grade
established when built, and such expense, to be fixed and determined
by said Department, may be collected as hereinafter provided. Nothing
in this subsection or this Charter shall be construed to require any
street railway or railroad to repair or keep in condition any street,
alley or highway through which its road may pass except that part
or portion thereof covered by its road and a space of one (1) foot
outside of and adjoining its track on both sides. If it becomes necessary
to remove snow or ice from any such street, alley or highway, said
street railway company is to remove the snow or ice thrown out by
it from its tracks and said space and also the snow and ice which
shall be upon the space upon which said snow or ice is thrown or placed,
which snow and ice shall be removed at such times and in such manner
as the Department of Public Works shall prescribe.
E.
Flagmen. To require every steam railroad company or corporation running
its train through any part of said city to keep a flagman or gates
at each railroad crossing or point of intersection of such railroad
with any street, alley or highway.
F.
Erection of structures projecting over streets, etc.; placing of articles thereon. To prevent or regulate the construction or erection of any building, awning or other structure which shall project into or over any street, alley or sidewalk in said city and the hanging or suspending of any goods, signs or other things in or over any such street or sidewalk and the placing of boxes, barrels or other things in or upon any such street or sidewalk and, in case the occupant of such premises or the owner of unoccupied premises shall neglect or refuse to remove the same after being notified to do so, to remove the same at the expense of the owner or occupant and to collect such expense as provided in § C-176.
G.
Encroachments, obstructions generally. To prevent any encroachment, encumbrance or obstruction in or upon any street, alley, sidewalk, crosswalk, highway or public ground in said city; to regulate or prevent the deposit of building material in or upon such streets, alleys, sidewalks, crosswalks, highways or public grounds; and in case of neglect or refusal of any person who shall have caused such encroachment, encumbrance, obstruction or deposit contrary to any rule or ordinance or of the owner of any premises upon which there shall be a building, a fence or other structure or thing encroaching upon them, encumbering or obstructing any such street, alley or sidewalk, crosswalk, highway or public ground, to remove the same after being notified so to do, shall have power to cause such removal at the expense of such person or such owner and to collect such expense as provided in § C-176.
H.
Contract for gargage collection. With the approval of the Common
Council, the Department of Public Works may enter into a contract
for the collection of garbage, which shall be let to the lowest bidder,
but such bids may be rejected if not deemed in the interest of the
city. Notice of time and place when such bids will be received shall
be published in the official paper.
The Department of Public Works shall report to the Common Council,
at its first regular meeting in each month, the money received during
the previous month and from what sources and the amount expended by
it for the following purposes: grading and repairing of streets; building
and repairing sidewalks; repair of bridges; crosswalks; labor; curbing,
guttering, paving and macadamizing; repairs of sewers; building or
rebuilding of sewers; repair or maintenance of water pipes; repairs
of reservoir; laying new water pipes and fixtures; and for all other
purposes; and the Department shall, at least ten (10) days before
the annual election, make to the Common Council a report, by combining
said monthly reports in one (1) and giving, in addition, the names
and salaries of all its regular employees.
Said Department of Public Works shall succeed to and have the
powers and duties now given by law to the Board of Public Works of
the City of Hornell.
All paving, macadamizing and grading of streets, alleys, lanes,
highways or public grounds or any part or parts thereof in the City
of Hornell which shall have been directed and authorized pursuant
to the provisions of Title VIII of this Charter, and all public work,
improvements, repairs, construction or reconstruction which shall
have been duly authorized and directed according to the provisions
of this Charter, except work pertaining to the Department of Public
Safety of said city, shall be done under the exclusive direction and
management of the Department of Public Works and pursuant to the plans
made or obtained by said Department.
A.
The public parks, known as Union Park and Maple City Park in the City of Hornell and all other parks or places in said city shall be under the exclusive control and management of the Department of Public Works. They shall have the control and direction of the expenditure of all funds contributed or which may be appropriated for the grading, laying out, improving and management of said park or parks. Personal property may be donated, given or bequeathed to the city for the purpose of the improvement or ornamentation of said park or parks and the approaches thereto, upon such trusts and conditions as may be prescribed and approved by the Department of Public Works, and all property so donated, given or bequeathed shall be subject to the exclusive management, direction and control of the Department of Public Works. The Department of Public Works, in its annual report to the Common Council, shall make a separate detailed statement of all moneys expended by it in the care and maintenance of the public parks and a separate detailed estimate of the amount which the Department considers will be required for such care and maintenance during the ensuing year. The Commissioners of Public Works of the City of Hornell holding their office under and by virtue of the provisions of Chapter 288 of the Laws of 1906 shall, when and as soon as this Charter takes effect, transfer and deliver to the Department of Public Works all papers, documents, books of account or other papers relating to the public park or parks and all other property in their hands or custody or control as such Commissioners of Public Works, except moneys which shall immediately be paid over to the Chamberlain of said City, who shall receive and credit the same to the Park Fund of the Department of Public Works fund.
B.
The office of Commissioners of the Board of Public Works and the
Board of Public Works shall be abolished when and as soon as this
Charter, as amended, takes effect.
The Department of Public Works shall have power to regulate the laying, location and construction of all gas, water, sewer, electric conduits and other pipes in the streets, lanes, parks and public places of said city and the manner of constructing sewers on private lands to be connected with the city sewers and to fix the grade at which said pipes shall be laid and to compel the laying or relaying of the same under the supervision of or by said Department in accordance with such grade and plans as said Department shall establish; to require any individual, corporation or company, after laying, relaying or repairing such pipes in any street, alley or highway in said city, to put said street, alley or highway in good condition and repair and to remove, without unnecessary delay, all encumbrances or obstructions which such individual, corporation or company have placed or caused to be placed in such street, alley or highway; to require such individual, corporation or company to keep proper signal lights burning at night at all holes, ditches and places which shall have been rendered dangerous to persons traveling such streets, alleys or highways; and, in case such individual, corporation or company shall neglect or refuse to do any of the acts required of him or it by this subsection after being notified to do the same, said Department of Public Works shall cause the same to be done at the expense of such individual, corporation or company and to collect from him or it such expenses as provided in § C-176.
The Department of Public Works shall have the exclusive control and management of the sewers or systems of sewers in streets and alleys and public places of the city and shall have the maintenance and management thereof. They shall have exclusive power to adopt plans for the construction of new sewers in the City of Hornell and, if the construction thereof is approved by the Common Council, shall construct the same. All sewers shall be constructed at the expense of the city. They shall make bylaws and regulations for the protection, use and operation of the sewer system of the city and the several parts thereof and shall provide penalties for the violation of such bylaws, rules and regulations and shall prosecute for such violations in the name of the City of Hornell and shall retain all penalties collected for such violations. The Commissioners of Public Works of the City of Hornell holding their office under and by virtue of the provisions of Chapter 288 of the Laws of 1906 shall, when and as soon as this Charter takes effect, transfer and deliver to the Department of Public Works all papers, documents, books of account, plans, surveys or other papers relating to the sewers and sewer system of the city and all other property in their hands, custody or control as such Commissioners of Public Works, except all moneys and funds, which shall be immediately paid over to the Chamberlain of said city, who shall receive and credit the same to the Sewer Fund of the Department of Public Works Fund.
[L. 1921, c. 153]
The Department of Public Works shall have exclusive control
and management of the banks, embankments, walls, piling, works and
dykes of said city along and upon the lands adjoining the Canisteo
River and streams emptying into the same. They may adopt and carry
out such measures as, in their opinion, may be most feasible for controlling
the waters of said river and its tributaries, so as to protect and
conserve the public health and prevent the deposit of filthy and dangerous
substances on the lands in said city and prevent loss, injury or damage
to property situated within said city, and may make such changes in
the course or channel of said river or its tributaries by deepening,
enlarging, altering, widening or contracting the same and may remove
islands and bars of obstruction therefrom and may construct and maintain
all banks, dykes, works, structures and appurtenances along and upon
the lands adjoining said river and its tributaries or elsewhere, as
may, in their opinion, be proper and necessary to hold, confine, restrain
and control the waters of said river in times of flood or freshet
and to prevent the overflowing of such waters over, upon or into the
lands and property in said city. The Department of Public Works may
enter by its engineers, employees or servants upon any land, water
or premises for the purpose of making surveys and examinations; to
contract for, purchase and take by deed or other instrument, for and
in the name of the City of Hornell, all real property, lands, rights
and privileges which may be required for the purposes contemplated
in this section and, if for any reason the same cannot be acquired
by purchase, to acquire the same by condemnation for the public use
aforesaid, pursuant to the existing laws, and, in case the channel
of said river or its tributaries is changed, to acquire for and in
the name of the City of Hornell the lands now occupied by such channel
and the lands lying between any new channel and the present channel.
The operations carried on pursuant to the provisions of this section
shall not be confined to the corporate limits of the City of Hornell
but, if necessary in the judgment of the Department of Public Works,
such operations may be carried on beyond the corporate limits of said
city and in the Town of Hornellsville.
[L. 1929, c. 679]
The Department of Public Works, in addition to the powers conferred
by §§ C-180 and C-182 and other provisions of the Charter
relating to Maple City Park, shall have power to enter into a contract
or contracts with the Hornellsville Fair or its successors granting
the right to use Maple City Park for fair purposes from year to year
for such period and upon such terms and conditions as may be agreed
upon. The Hornellsville Fair is also authorized and empowered to enter
into such contract.
[L. 1929, c. 679]
The Department of Public Works shall have the power to regulate
or prohibit the exhibition of any circus, carnival, game, show or
entertainment in Maple City Park and to license the same for such
time, upon payment of such fees and under such regulation as it may
prescribe. But such license shall not be issued to be effective during
fair week, nor at any time in such manner as to be inconsistent with
or interfere with the use of the park under any contract with the
Hornellsville Fair. The Department of Public Works, in the event that
the use of said park for fair purposes shall cease, shall have power
to sell or remove any buildings or structures thereon and use the
proceeds for the improvement of said park. The voting booths in said
park may be continued and maintained and the same used for election
purposes. The provisions of the General City Law with reference to
the sale or lease of real estate shall not apply to any contracts
with the Hornellsville Fair, the granting of any rights or privileges
or the sale or disposition of buildings or structures authorized by
this Charter.
