The following provisions shall supplement the provisions of
the Charter pertaining to the care, maintenance, operation and administration
of the Norwalk Harbor and shall remain in full force and effect until
replaced by an Ordinance. Upon the effective date of the Ordinance
these provisions shall be null and void and may be removed from the
Charter; unless the Corporation Counsel determines, in writing, that
any provisions should remain in the Charter for the reason that there
is no alternate legal foundation for the authority set forth herein.
A.
Description of Norwalk Harbor and rules and Regulations of boats,
vessels and craft in the harbor; passage of ordinances[1]. Within the area bounded on the east by the line separating
the City of Norwalk from the Town of Westport; on the south by a line
commencing at the intersection of said town line with a straight line
running in a southwesterly direction to number 24B off Hiding Rocks,
said intersection being at Copps Rocks just east of Copps Island,
thence in a due westerly direction to Green Ledge light; on the west
by a line running northerly from Green Ledge light to the flashing
light at the entrance of the Five Mile River, thence northerly along
the line separating the City of Norwalk from the Town of Darien; and,
on the north by the shore line of the City of Norwalk, the Common
Council of the City of Norwalk shall have authority to pass ordinances
and otherwise regulate the mooring of all vessels, boats and craft
and the use of the water, so that they shall not interfere with the
free use of the channels and other navigable waters included within
said area hereinbefore described, and, subject to the provisions of
§ 4768 of the General Statutes, may make such other reasonable
rules, Regulations, ordinances or orders respecting the use of said
waters by all vessels, boats and craft as may be necessary to protect
persons and all other vessels, boats and craft in such waters and
other property thereon.
B.
Norwalk Harbor; publication, filing and effective date of ordinances,
rules and Regulations[2]. Such ordinances, rules, Regulations and orders, when
determined and fixed, shall be published at least once in a newspaper
having a circulation in the City of Norwalk and shall be filed in
the office of the City Clerk of the City and shall become effective
ten Days after such publication and filing.
C.
Norwalk Harbor; penalties[3]. Any person who violates any such ordinance, rule, Regulation or order, when determined or fixed as provided in § 13-1A and B, shall be fined not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars or as the Council may otherwise provide for each offense.
D.
Norwalk Harbor; enforcement[4]. Any police or peace officer of the City of Norwalk shall
have authority to enforce the provisions of this act. The City Court
of Norwalk shall have jurisdiction over all violations of this act.
E.
Norwalk Harbor; duty of Harbormaster[5]. The Harbormaster of the Harbor of Norwalk, and any deputies
shall, from time to time, advise the Common Council with respect to
the matters hereinbefore described or provided for and shall, upon
the request of the Common Council, confer with the latter and make
such reports to said Common Council as they shall from time to time
require with respect to any matter hereinbefore referred to.
The following provisions shall supplement the provisions of
the Charter pertaining to the care, maintenance, operation and administration
of streets, sidewalks and building lines of the City and shall remain
in full force and effect until replaced by an Ordinance. Upon the
effective date of the Ordinance these provisions shall be null and
void and may be removed from the Charter; unless the Corporation Counsel
determines, in writing, that any provisions should remain in the Charter
for the reason that there is no alternate legal foundation for the
authority set forth herein.
B.
Abandonment of West Avenue[2]. The Highway Commissioner is authorized to abandon, on
written notice to the Mayor of Norwalk, either before or after construction
or reconstruction, the above-described section of highway when and
if the said Commissioner shall substitute another section of highway
for relief or as a cut-off for the same.
D.
Glover Avenue[4]. Glover Avenue from Route 7 to Oakwood Avenue and Oakwood
Avenue from Glover Avenue to the Wilton town line, in the Town of
Norwalk, shall be included in the trunk-line system of highways.
E.
Washington Street Bridge[5]. Washington Street Bridge in the City of Norwalk and its
approaches to the intersection with Water Street and its intersection
with Liberty Square shall be in the system of state highways.
F.
Cross Street[6]. The Highway Commissioner is directed to relocate and
construct that part of Cross Street in the City of Norwalk from Hoyt
Street to Belden Avenue in accordance with a general plan developed
by the City of Norwalk and approved by the Highway Commissioner.
G.
Cross Street; Acquiring rights-of-way; cost of constructing bridges
and approaches[7]. The City of Norwalk shall acquire all rights-of-way required for the purposes of § 13-2F, at its own expense. The cost of the construction of the bridge over the Norwalk River shall be paid from the flood fund and the cost of the construction of the approaches from the highway fund.
The following provisions shall supplement the provisions of
the Charter pertaining to a pension for Mary E. Eldridge and shall
remain in full force and effect until replaced by an Ordinance. Upon
the effective date of the Ordinance these provisions shall be null
and void and may be removed from the Charter; unless the Corporation
Counsel determines, in writing, that any provisions should remain
in the Charter for the reason that there is no alternate legal foundation
for the authority set forth herein.
A.
Payment to Widows[2]. The City of Norwalk shall pay annually to Mary E. Eldridge,
widow of James Eldridge, during the term of her natural life, the
sum of $706.80, in equal monthly payments to commence September 1,
1955. The Board of Estimate and Taxation shall include annually in
the estimate of expenditures of the City and Town of Norwalk a sum
sufficient to pay such pension.
[2]
NOTE: 2023 recodification of current Article XXI "Pensions
for Certain Retired Employees," § 1-663. Derived from Sp.
Laws 1955, No. 298; Charter Amendment 9-2-1980. Historical Editor's
Note: Approved by the electorate at the general election held 11-4-1980.
§ 1-664. (Reserved) Historical Editor's Note: Former § 1-664,
Payment to John Mills, Sp. Laws 1957, No. 154, was repealed 9-2-1980
by Charter Amendment, approved by the electorate at the general election
held 11-4-1980.
[1]
NOTE: Historical Editor's Note: As to pension plan for city
employees see Appendix, Part II, Pension Plan. § 1-659.
through § 1-662. (Reserved). Historical Editor's Note II:
Former § 1-659, Payment to Grace Briggs Barrett, and 1-660,
Pension from date of retirement included in estimate of expenditures,
Sp. Laws 1949, No. 34, §§ 1 and 2, and §§ 1-661,
Payment to Charles T. McGovern, and 1-662, Pension included in estimate
of expenditures, Sp. Laws 1953, No. 426, §§ 1 and 2,
were repealed 9-2-1980 by Charter Amendment, approved by the electorate
at the general election held 11-4-1980.
Any person aggrieved by an assessment of benefits or appraisal
of damages made by said Council under the provisions of the foregoing
section may, within thirty days after notice given to said aggrieved
person of such assessment or appraisal, appeal from such assessment
or appraisal to any Judge of the Superior Court, by written petition
with a citation attached, returnable in not less than six nor more
than twenty days after its date, which shall be served at least six
days before the return day upon the Clerk of the city; and any number
of persons affected by any such assessment or appraisal may join in
such appeal. Such Judge may, by a Committee or otherwise, reassess
said benefits or damages and correct any errors in the report or schedule
of such assessment and award costs. Such Judge shall return all papers
connected with the case to the Clerk of the Superior Court for Fairfield
County, and said Clerk shall issue execution for the amount of damages
or benefits fixed by such reassessment and for costs, to be taxed
upon civil process, and shall cause copies of the papers connected
with the case to be delivered to the Clerk of said city.
[1]
NOTE: 2023 recodification of current § 1-440 "Assessment
Appeals" derived from Sp. Laws 1913, No. 352, § 115. § 1-659.
through § 1-662. (Reserved). Historical Editor's Note II:
Former § 1-659, Payment to Grace Briggs Barrett, and 1-660,
Pension from date of retirement included in estimate of expenditures,
Sp. Laws 1949, No. 34, §§ 1 and 2, and §§ 1-661,
Payment to Charles T. McGovern, and 1-662, Pension included in estimate
of expenditures, Sp. Laws 1953, No. 426, §§ 1 and 2,
were repealed 9-2-1980 by Charter Amendment, approved by the electorate
at the general election held 11-4-1980.
The following are the Historical Council Districts referred to in § 3-4A, above, subject to repeal upon the conclusion of the reapportionment for the 2025 municipal election:
A.
District A. District A, to consist of the First Taxing District in
Norwalk and so much of the Fifth Taxing District as lies easterly
of the easterly boundary line of District "E" between the center lines
of Connecticut Ave. on the south and Eleanor, Ingleside, Spring Hill
and Ponus Avenues on the north and so much of the Fifth Taxing District
that lies westerly of a certain line beginning at the intersection
of Willow Street and the division line between the First and Fifth
Taxing Districts and continuing northerly along the center line of
Willow Street to the intersection of Tierney Street and continuing
easterly along the center line of Tierney Street to the intersection
of George Avenue; thence northerly along the center line of George
Avenue to the intersection of Westport Avenue; thence westerly along
the center line of Westport Avenue to the division line between the
First and Fifth Taxing Districts; thence northerly along the division
line to the intersection of Dry Hill Road and continuing northerly
along the center line of Dry Hill Road to the intersection of Roosevelt
Street; thence westerly along the center line of Roosevelt Street
to the intersection of Newtown Avenue; and so much of the Fifth Taxing
District as lies southerly of a certain line beginning at the intersection
of West Rocks Road and Glendenning Street and continuing northerly
along the center line of West Rocks Road to the intersection of Jarvis
Street and continuing southerly along the center line of Jarvis Street
to the intersection of Buttonball Trail and continuing westerly along
the center line of Buttonball Trail to the intersection of Rainbow
Road and continuing southwesterly along the center line of Rainbow
Road to the intersection of the division line between the First and
Fifth Taxing Districts; and so much of the Fifth Taxing District as
lies southerly of a certain line beginning at the intersection of
Main Street and the division line between the First and Fifth Taxing
Districts and continuing along the center line of Main Street to the
intersection of Broad Street and continuing westerly along the center
line of Broad Street to the intersection of the Silvermine River and
continuing southerly along the center line of the Silvermine River
to the intersection of the division line between the First and Fifth
Taxing Districts.
B.
District B. District B, to consist of the Second Taxing District
of Norwalk and so much of the Fifth Taxing District that lies southerly
and easterly of a certain line beginning at the intersection of North
Taylor Avenue and the division line between the Second and Fifth Taxing
Districts and continuing northerly along the center line of North
Taylor Avenue to the intersection of West Cedar Street and continuing
westerly along the center line of West Cedar Street to the intersection
of Scribner Avenue and continuing southerly along the center line
of Scribner Avenue to the intersection of Senga Road and continuing
easterly along the center line of Senga Road to the intersection of
Richmond Hill Road and continuing southerly along the center line
of Richmond Hill Road to the intersection of McAllister Avenue and
continuing easterly along the center line of McAllister Avenue to
the intersection of Woodlawn Avenue and continuing southerly along
the center line of Woodlawn Avenue to the intersection of Flax Hill
Road and continuing easterly along the center line of Flax Hill Road
to the division line of the Second and Fifth Taxing Districts; and
so much of the Fifth Taxing District as is bounded by a line beginning
at the intersection of the boundary line between the Second and Fifth
Taxing Districts and the center lines of Glasser Street and Windsor
Place; thence in a southerly direction along the center line of Glasser
Street to the intersection of Bouton Street; thence in a southerly
direction along the center line of Bouton Street to the intersection
of Riordan Street; thence continuing easterly along the center line
of Riordan Street to its intersection with the Pennsylvania Railroad
right-of-way and continuing southerly along the center line of the
railroad to the intersection of the division line between the Fifth
and Sixth Taxing Districts south of Charcoal Road; thence continuing
southeasterly in a straight line to the intersection of the railroad
right-of-way; thence continuing northerly along the center line of
the railroad to its intersection with the division line between the
Second and Fifth Taxing Districts; and so much of the Fifth Taxing
District as is bounded by a line beginning at the intersection of
Woodward Avenue and the division line between the Second and Fifth
Taxing Districts and continuing southerly along the center line of
Woodward Avenue to the intersection of Naromake Avenue and continuing
easterly along the center line of Naromake Avenue to the intersection
of the division line between the Second and Fifth Taxing Districts.
C.
District C. District C, to consist of that portion of Norwalk not
included in Districts D, E, A, and B.
D.
District D. District D, to consist of that portion of Norwalk lying
north of a line beginning at the Norwalk-New Canaan town line in the
center line of Carter Street and continuing southerly to and along
the center line of Ponus Avenue to the intersection of Beau Street
and continuing southerly along the center line of Beau Street to the
intersection of Ingleside Avenue, and continuing easterly along the
center line of Ingelside Avenue to the intersection of Spring Hill
Avenue and continuing northerly along the center line of Spring Hill
Avenue to the intersection of Ponus Avenue and continuing easterly
along the center line of Ponus Avenue to the division line of the
First and Fifth Taxing Districts; thence northerly along the center
line of the Silvermine River to the intersection of Broad Street;
thence easterly along the center line of Broad Street to the intersection
of Main Street; thence southerly along the center line of Main Street
to the division line of the First and Fifth Taxing Districts; thence
easterly along the division line of the Taxing Districts to the intersection
of Rainbow Road and continuing northerly along the center line of
Rainbow Road to the intersection of Buttonball Trail; thence easterly
along the center line of Buttonball Trail to the intersection of Jarvis
Street and continuing northerly along the center line of Jarvis Street
to the intersection of West Rocks Road; thence southerly along the
center line of West Rocks Road to the intersection of Glendenning
Street; thence easterly along the center line of Glendenning Street
to the division line of the First and Fifth Taxing Districts; thence
still easterly along the division line of the Taxing Districts to
the center line of Newtown Avenue; thence northerly along the center
line of Newtown Avenue to the intersection of Murray Street, thence
easterly along the center line of Murray Street to the Westport Town
line.
E.
District E. District E, to consist of that portion of Norwalk lying
south of the District "D" line from the New Canaan town line to a
point at the intersections of Beau Street and Ponus Avenue; the district
line continuing southerly along the center line of Beau Street to
the intersection of Eleanor Lane and continuing westerly along the
center line of Eleanor Lane to the intersection of Maher Drive and
continuing southerly along the center line of Maher Drive to its intersection
with the center lines of Steppingstone Road and Steppingstone Place;
thence southwesterly along the center line of Steppingstone Road to
the intersection of Fillow Street and continuing southerly along the
center line of Fillow Street to the intersection of No. Taylor Avenue;
thence southerly along the center line of No. Taylor Avenue to the
intersection of Benedict Street; thence northeasterly along the center
line of Benedict Street to the intersection of Ferris Avenue; thence
southerly along the center line of Ferris Avenue to the intersection
of Phillips Street; thence easterly along the center line of Phillips
Street to the intersection of Glenwood Avenue; thence southerly along
the center line of Glenwood Avenue to the division line of the Second
and Fifth Taxing Districts; thence westerly along the division line
of the Taxing Districts to the center line of No. Taylor Avenue; thence
northerly along the center line of No. Taylor Avenue to the intersection
of West Cedar Street and then continuing westerly along the center
line of West Cedar Street to the intersection of Scribner Avenue;
thence southerly along the center line of Scribner Avenue to the intersection
of Senga Road; thence easterly along the center line of Senga Road
to the intersection of Richmond Hill Road and continuing southerly
along the center line of Richmond Hill Road to the intersection of
McAllister Avenue, thence easterly along the center line of McAllister
Avenue to the intersection of Woodlawn Avenue continuing southerly
along the center line of Woodlawn Avenue to the intersection of Flax
Hill Road and continuing easterly along the center line of Flax Hill
Road to the intersection of Arbor Drive and continuing southerly along
the center line of Arbor Drive to the intersection of Glasser Street;
thence southerly along the center line of Glasser Street to the intersection
of Bouton Street and continuing southerly along the center line of
Bouton Street to the intersection of Riordan Street; thence easterly
along the center line of Riordan Street to the intersection of the
Pennsylvania Railroad right-of-way and continuing southerly along
the center line of the railroad to the intersection of the division
line between the Fifth and Sixth Taxing Districts south of Charcoal
Road; thence southeasterly in a straight line to the intersection
of the railroad tracks and continuing in a northerly direction along
the tracks to the division line between the Second and Fifth Taxing
Districts and continuing easterly along the division lines to the
intersection of Woodward Avenue; thence continuing southerly along
the center line of Woodward Avenue to the intersection of Naromake
Avenue and continuing easterly along the center line of Naromake Avenue
to the intersection of Neptune Avenue and continuing easterly along
the center line of Neptune Avenue to the Norwalk River.
[1]
NOTE: 2023 recodification and modification of current Article I - General. § 1-2.1. Derived from Sp. Laws 1969, No. 186, No. 283, § 1; Charter Amendment 11-7-1972. Comment of the 2023 Charter Revision Commission: These districts should not be confused with the Taxing Districts which are addressed in Article XII of this Charter.
The following provisions shall supplement the provisions of Article VIII, § 8-4A, above, and shall remain in full force and effect until replaced by an Ordinance. Upon (1) the effective date of the approved Ordinance and (2) an opinion of the Corporation Counsel certifying that the functions of § 14-2 have been addressed by the Ordinance, § 14-2 shall expire and may be removed from the Charter.
A.
Accounts and Forms[1]. Accounts shall be kept by the division of government
responsible for finance showing the financial transactions for all
Budgeted Entities. Forms for such accounts shall be prepared by and
at the direction of the division chief.
B.
Financial Reports[2]. Financial reports shall be prepared for each month and
for each fiscal year and for such other periods as may be required
by the Mayor, Common Council and Board of Estimate and Taxation, which
reports shall be submitted to the Common Council, Board of Estimate
and Taxation and the Mayor.
C.
Governance[3]. The Departments responsible for finance functions shall
be governed by rules and Regulations established by Ordinances now
and hereafter to be enacted in accordance with the provisions of Law.
D.
Authority of Finance and Operational Function Officials[4]. The Chief Financial Officer, and, subject to the approval
of the Chief, the Comptroller, the Purchasing Agent, Tax Collector
and Tax Assessor shall have full power to require each City officer
to furnish all information which in their possession and to provide
the Officials with all books, contracts, Resolutions, reports and
other papers and documents in their possession or in within the purview
of their Department, requisite in the opinion of the official to enable
the discharge of duties, under this Charter and the Ordinance. All
City officers shall furnish and exhibit the same in such manner and
form as may be prescribed.
E.
Additional Powers[5]. The Common Council shall have the power to delegate to
the Chief Financial Officer other budgetary and governmental functions
not inconsistent with other provisions of this Charter.
[5]
NOTE: 2023 recodification of current Article V, Part 4 - Department of Finance, § 1-247 entitled "Additional Powers". Added by Charter Amendment 8-29-1978, § 12. Editor's Note: Approved by the electorate at the general election held 11-7-1978. The following provision is repealed: "This revision shall become effective upon approval, except that where the term of an officer provided for herein does not begin until after January 1, 1979, the functions of such officer shall be discharged by the city official responsible for such functions at the time of the enactment of this section" as set forth in current Article V, Part 4 - Department of Finance, § 1-247 entitled "Effective Date". Added by Charter Amendment 8-29-1978, § 13. Editor's Note: Approved by the electorate at the general election held 11-7-1978. Historical Note: "Article V. Officers and Employees. Part 5. (Reserved). [1] Editor's Note: Former Part 5, City Comptroller, was replaced according to Charter Amendment 8-29-1978 as follows (a) Former § 1-239, Office of City Comptroller, was renumbered as § 1-240B; (b) Former § 1-240, Vested powers, was renumbered as § 1-240C; (c) Former § 1-241, Former duties of Auditor which are now performed by Comptroller, was renumbered as § 1-240D; (d) Former § 1-242, Accounts and reports; refusal to approve contracts unsupported by appropriations; information furnished by officers; signing orders on Treasurer; auditing (Sp. Laws 1931, No. 323, § 3), was repealed; (e) Former § 1-243, Each department shall submit budget to Comptroller; reports of estimate and taxation (Sp. Laws 1931, No. 323, § 4), was repealed."
The following provisions shall supplement the provisions of Article VIII, § 8-4C and shall remain in full force and effect until replaced by an Ordinance. Upon (1) the effective date of the approved Ordinance and (2) an opinion of the Corporation Counsel certifying that the functions of § 14-3 have been addressed by the Ordinance, § 14-3 shall expire and may be removed from the Charter.
A.
maintain and supervise the general accounting system for all Budgeted
Entities;
B.
keep or cause to be kept complete books of records and accounts showing
the financial conditions of the City and all financial transactions,
including all districts of the City but more especially those districts
which are not under the supervision of District Commissioners as provided
in this Charter;
C.
keep separate accounts for the appropriations in the budget and the
allotments thereof and shall encumber immediately each appropriation
and each allotment for the amount of any purchase order, payroll or
contract upon approval;
D.
maintain for each account a record of the amounts paid and remaining
unpaid, all encumbrances and unencumbered balances; the Comptroller
shall keep a record of accounts payable by the City and accounts receivable
by the City;
E.
prescribe and control receipts to be used by all departments, offices,
agencies and commissions of the City;
F.
audit before payment all bills, invoices, payroll and other evidences
of claims, demands or charges against the City and approve them only
if proper and legal and only if moneys have been appropriated and
an unspent and unencumbered balance is available;
G.
administer the payroll of the City;
H.
subject to the control and supervision of the Chief Financial Officer
as aforesaid, manage and invest the excess funds of the City and shall
administer the debt of the city;
I.
Further Duties of the Controller[2].
(1)
Methods of Accounting and Reporting. The Comptroller, under the direction
of the Director of Finance, shall supervise the methods of accounting
for all departments and offices of the City and shall prescribe such
methods of accounting and reporting as will enable such Controller
to keep a true record of all financial acts of the City.
(2)
Duties of Town Treasurers. The Comptroller shall have the same relative
powers and duties within the City of Norwalk as the Town Treasurers
under the general statutes in their respective towns except as herein
provided.
[1]
NOTE: 2023 recodification of current Article V, Part 4 - Department of Finance § 1-240.A (Sixth sentences, clauses (i) - (x)). With the exception of the following provisions which remain in Article VIII, 8.4.C: "certify as to the availability of appropriated funds for the payment of every obligation arising by reason of the proposed purchases or contracts of each Budgeted Entity and officer of the city, and no purchase order or contract shall be a valid obligation of the City of Norwalk unless it shall bear such certification of the Comptroller; and, refuse to approve any purchase order or contract when the available appropriation for that purpose is exhausted or, in his or her opinion, will be so depleted that there will remain insufficient funds for the regular and ordinary expenditures of that appropriation."
The following provisions shall supplement the provisions of Article VIII, § 8-4D and shall remain in full force and effect until replaced by an Ordinance. Upon (1) the effective date of the approved Ordinance and (2) an opinion of the Corporation Counsel certifying that the functions of § 14-4 have been addressed by the Ordinance, § 14-4 shall expire and may be removed from the Charter.
A.
Duties of the purchasing Agent. Following the certification by the
Comptroller of any requisition from a department head as provided
hereinabove, the Purchasing Agent shall proceed to purchase the article,
commodity or thing required, including those required by the Board
of Education except for items unique to the Board of Education, provided
that in all purchases of one thousand ($1,000) dollars or more the
Purchasing Agent shall obtain at least two (2) competitive bids before
making the purchase, and further provided that in the case of all
purchases of over three thousand ($3,000) dollars, including a continuing
order or contract for the purchase of the same article, commodity
or thing over a period of time, competitive bids on the basis of specifications
prepared by the department requiring the article, commodity or thing
shall be advertised for, and the order shall be awarded in conformity
with such Regulations as the Common Council may establish by ordinance
governing purchasing procedure[2].
B.
Multi-Departmental Purchases[3]. Where any article, commodity or thing is known to the
Purchasing Agent to be required during the fiscal year by any two
(2) or more departments or agencies of the city, the Purchasing Agent
shall have power to require them to file their requests therefor within
sixty Days from the beginning of such fiscal year.
C.
Sole Source Purchases[4]. When the Purchasing Agent receives less than two (2)
competitive bids or where the goods or services sought are obtainable
from a single source, the Purchasing Agent may purchase from such
sole bidder or single source; providing, however, that every such
purchase in excess of three thousand ($3,000) dollars shall be subject
to the approval of the Common Council.
[1]
NOTE: 2023 recodification and modification of current Article V, Part 4 - Department of Finance, § 1-241.A entitled "Division of Purchasing First and second sentences). Added by Charter Amendment 8-29-1978, § 6. Historical Editor's Note: Approved by the electorate at the general election held 11-7-1978. The remainder of the historical provision has been recodified under Article XII, subject to sunset upon the conditions set forth in this Charter.
The following provisions shall supplement the provisions of Article VIII, § 8-4E and shall remain in full force and effect until replaced by an Ordinance. Upon (1) the effective date of the approved Ordinance and (2) an opinion of the Corporation Counsel certifying that the functions of § 14-5 have been addressed by the Ordinance, § 14-5 shall expire and may be removed from the Charter.
A.
Powers and Duties of Tax Collector[2]. Said Tax Collector shall (1) have the powers and be subject
to the duties imposed by law upon Collectors of Town Taxes[3].; (2) receive and collect all taxes due to said city,
all assessments made by said city, and all taxes and assessments which
have been laid and assessed, and are unpaid at the passage of this
act, by the Town of Norwalk, the City of Norwalk, the City of South
Norwalk, and the East Norwalk Fire District, and report to the Council
of said City the names and addresses of all persons who, being liable
to pay such taxes and assessments on the Day when they become due,
have neglected to pay the same[4]. All the amounts due to said City as special benefits
or otherwise as herein provided may be collected by warrants under
the hand of the Mayor, directed to the Collector who may collect the
same in the manner in which tax warrants are collected[5].
B.
Inspections of Tax Book[6]. The tax book of the Collector of Taxes of said City shall
at all reasonable times be open to the inspection of any taxpayer
and to any auditor of public accounts in said city.
C.
Time Annual Taxes Payable[7]. All taxes, annually laid by said Board of Estimate and
Taxation shall be payable on the Day fixed by the Board of Estimate
and Taxation in each year.
D.
Time Special Taxes Payable[8]. All special taxes laid shall be due and payable on such
Day as said Board of Estimate and Taxation shall designate at the
time of laying said tax and upon any special tax being laid the Collector
of Taxes shall publish a notice of the time when said tax shall be
payable in a newspaper published in said City at least one-week preceding
said time.
E.
Notices for Payable Taxes[9]. The Tax Collector shall include in the notice of the
time when the tax shall become payable a notice of the place and the
times at which the Collector will receive such taxes.
F.
Delinquent Taxes[10]. If any tax laid by said Board of Estimate and Taxation
shall remain unpaid for one month after the same shall become payable
interest at the rate of nine percent per annum shall be charged from
the time when such tax shall become due until the same shall be paid,
which shall be collectible as part of said tax, and the Collector
of Taxes shall keep an accurate and separate account of all such additions
and the time when the same may be received, and shall pay the same
as a part of the tax, and said Tax Collector shall immediately pay
all moneys collected to the Treasurer of the City or to the Treasurers
of the several Taxing Districts as herein provided.
G.
Recovery of Taxes[11]. All taxes assessed by said Board of Estimate and Taxation
shall become a debt due from the person or corporation against whom
they are assessed to the city, and may, in addition to the other remedies
provided by law, be recovered in any proper action in the name of
said city; but the bringing of such action shall in no wise affect
the life or validity of the lien for said taxes or the right to bring
action of foreclosure for the same, provided a substantial recovery
by either of such remedies shall bar a recovery by any other remedy.
H.
Demands and Levys[12]. If any person shall fail to pay any tax said Tax Collector
for the City shall, if such person be a resident of said city, make
demand of such person therefor or leave written demand at such person's
place of abode. If such a person is not a resident of said City the
Collector shall make demand of such person therefor, or deposit in
a post office in said Town of Norwalk a written demand upon such person
for said tax, postage prepaid, addressed to the person's last known
place of residence. After demand has been made in the manner above
provided said Collector may levy for said taxes on any taxable goods
or chattels of such person and post and sell the same in the manner
provided in case of executions, but if any such goods or chattels
belonging to such person cannot be found, after reasonable search
on the part of said Collector, the Collector may (a) enforce, by levy
and sale, any lien upon real estate assessed for said taxes, or (b)
levy upon or sell such interest of the person in any real estate as
exists at the date of levy, or (c) levy upon the body of such person
and commit the person to jail until the tax and the legal costs or
be discharged in due course of law are paid.
I.
Real Estate Liens[13]. When the Board of Estimate and Taxation shall lay any
tax as provided herein the same shall be a lien upon the taxable real
estate in the several Taxing Districts in reference to which such
tax was laid, and any lien for taxes annually laid by said Board shall
date from the first Day of the preceding October, and the lien for
any special tax laid by said Board shall date from the Day on which
the appropriation therefor was made.
J.
Continuance of Tax Liens[14]. The Tax Collector of said City may continue any tax lien
upon any real estate by causing to be recorded in the land records
of said Town of Norwalk within the first year after the tax becomes
due a certificate of the Tax Collector describing the real estate
and the amount of such tax at the time when it becomes due, and thereupon
such tax, with interest thereon at seven percent per annum in lieu
of nine percent hereinbefore prescribed, shall remain a lien upon
such real estate from the recording of said certificate until paid,
and any tax lien so continued may, when the tax has been paid, be
discharged by a certificate of the Tax Collector recorded in such
land records. The fee of the Town Clerk for recording such tax lien
shall be $0.25 and there shall be allowed in favor of said City the
sum of $0.50 which sums shall be collected in addition to the tax
so secured.
K.
Notice of filing Certificate for Continuance of Lien[15]. Whenever the Tax Collector of said City shall file with
the Town Clerk a certificate for the purpose of continuing a lien
of any tax upon real estate as herein provided, the Collector shall,
within thirty Days thereafter, give notice to the person or persons
in whose name such property appears of record that such certificate
has been filed, which notice shall contain a statement of the original
amount of such tax, and if the person to whom such notice is sent
is not the person against whom such tax was assessed such notice shall
state the name of the person against whom the tax was assessed. Said
notice shall not be required in cases where said Collector, within
thirty Days prior to the filing of such certificate, has given notice
to the person who appears of record to be the owner of the Collector's
intention to file such certificate of lien. Such notice shall not
take the place of other notices herein required, nor shall the failure
to give the notice required by this section affect the collection
of the tax or invalidate the certificate of lien.
L.
Foreclosure of Any Tax of Other Lien[16]. The Tax Collector of said City may bring suit for the
foreclosure of any tax or other lien herein provided for, in the name
of said city, in the manner provided by law for the foreclosure of
tax liens.
M.
Precedence of Liens; Release; Fees for Recording Added to Lien[17]. Assessments of benefits, as provided in § 1-439,
§ 1-451, § 1-204 and § 1-457[18], or as otherwise herein provided, shall be a lien upon
the land or other property upon which they are respectively made,
and shall take precedence of all other liens or encumbrances except
taxes due the state, and the land, with the buildings thereon, on
which any such lien may exist, shall be liable to be foreclosed in
the same manner as in the case of tax liens, provided such lien shall
not continue to exist for a period longer than sixty Days after the
giving of notice as hereinbefore prescribed, unless within said period
a certificate, signed by the Mayor or Clerk of said city, describing
the premises on which said lien exists and stating the amount claimed
by said City as a lien thereon, shall be lodged with the Town Clerk
of Norwalk. Said liens shall cease to exist whenever a certificate
releasing the same signed by the Mayor or Clerk shall be filed with
said Town Clerk. All such certificates shall be recorded by said Town
Clerk in the land records of said Town of Norwalk, and the lawful
fees for filing such liens shall be added to such assessment. Said
assessment may be collected by warrant, under the hand of the Mayor,
in the same manner as town taxes are collected, and shall bear interest
at legal rate from time to time when the same becomes due.
N.
Public Improvement Liens; Duration[19]. In all cases where liens are created on account of public
improvements in said City such liens shall, if an appeal is taken
from the appraisal of damages or any assessment, continue for a period
of sixty Days after the passage of the final decree of the Court of
Judge having jurisdiction of such appeal, or after termination of
the appeal proceedings, but no longer, unless within said period a
certificate signed by the Mayor or Clerk of said city, describing
the premises on which the lien exists and stating the amount claimed
by said City as a lien thereon, shall be lodged with said Town Clerk
of Norwalk.
O.
Sidewalk Improvements; Building removal[20]. All sums expended or expenses incurred under direction
of the Council to level, raise, repair, flag, concrete or pave any
sidewalk along the frontage of any property as provided in §§ 1-442
and 1-443, or in the removal of any building erected in violation
of §§ 1-14 and 1-15[21],[1] with the expense for filing,
shall be a lien upon the lands and buildings with reference to which
such expenditures were made or such expense incurred, and such lien
shall date from the Day when such expenditures were made or expense
incurred and shall have the same validity and be collected in the
same manner as tax liens, provided such liens shall not exist for
a period longer than sixty Days after such expenditure was made or
expense incurred unless, within said period, a certificate, signed
by the Mayor and Clerk of said city, is filed with the Town Clerk
of Norwalk, as provided in § 1-266, relating to liens for
benefits assessed.
P.
Reserved Historical Provisions Pertaining to the Collector of Taxes
and Assessments[22]. Note: Should be repealed. Repeal of Former Provisions[23]. So much of § 1-165 of an act consolidating
the Town of Norwalk with the cities of Norwalk and South Norwalk and
the East Norwalk Fire District, and incorporating the City of Norwalk,
approved June 6, 1913, as amended by an act approved June 14, 1921,
as relates to the election and tenure of office of the Collector of
Taxes and Assessments is repealed, the same to be effective as of
October 4, 1933. Such portion of § 1-254 of said act as
relates to the election and tenure of office of the Collector of Taxes
and Assessments is repealed, and such repeal shall be effective on
October 4, 1933. So much of § 1-224 of said act as amended
by acts approved June 16, 1927, and April 18, 1929, as relates to
the salary of the Collector of Taxes and Assessments is repealed.
[22]
NOTE: 2023 recodification of current Article V, Part 6 entitled Collector of Taxes and Assessments": (a) Historical Editor's Note: Former § 1-249, Appointment of the Collector of Taxes and Assessments Sp. Laws 1933, No. 363, § 1), was repealed by Charter Amendments 8-29-1978; (b) Historical Editor's Note: Former § 1-250, Collector of Taxes; salary; other offices; bond Sp. Laws 1933, No. 363, § 2; Sp. Laws 1945, No. 135), was repealed by Charter Amendment 8-29-1978; (c) Historical Editor's Note: Former § 1-251, Removal of the Collector of Taxes from office Sp. Laws 1933, No. 363, § 3), was repealed by Charter Amendment 8-29-1978; (d) 2023 recodification of current Article V, Part 6 entitled Collector of Taxes and Assessments," § 1-269 Editor's Note: Former §§ 1-269, Assessment for street sprinkling as lien upon affected real estate, Sp. Laws 1913, No. 352, § 110; Sp. Laws 1967, No. 197, § 1, and 1-270, Sale of property subject to sprinkling lien; depositing of amount, Sp. Laws 1913, No. 352, § 111, were repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980; and, (e) 2023 recodification of current Article V, Part 6 entitled Collector of Taxes and Assessments," § 1-270 Editor's Note: Former §§ 1-269, Assessment for street sprinkling as lien upon affected real estate, Sp. Laws 1913, No. 352, § 110; Sp. Laws 1967, No. 197, § 1, and 1-270, Sale of property subject to sprinkling lien; depositing of amount, Sp. Laws 1913, No. 352, § 111, were repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980.
[1]
NOTE: 2023 recodification and modification of current Article V, Part 4 - Department of Finance, § 1-242.A entitled "Division of Tax Collection" (First and second sentences). Added by Charter Amendment 8-29-1978, § 7. Historical Editor's Note: Approved by the electorate at the general election held 11-7-1978.
The following provisions shall supplement the provisions of Article VIII, § 8-7 and shall remain in full force and effect until replaced by an Ordinance. Upon (1) the effective date of the approved Ordinance and (2) an opinion of the Corporation Counsel certifying that the functions of § 14-6 have been addressed by the Ordinance, § 14-6 shall expire and may be removed from the Charter.
The Division Chief and the Department Heads thereunder are responsible
for the following:
A.
The maintenance and repair of all accepted streets and appurtenances
and of public ways and public grounds not under the supervision of
others.
B.
The collection and disposal of solid waste in accordance with state
statutes.
C.
The management and operation of the wastewater treatment plant and
collection system. The Chief of Operations, who was formerly known
as the "Director of Public Works," shall have responsible charge,
jurisdiction, rights and powers to perform all duties relating to
the supervision, operation, repair, maintenance and upkeep of the
wastewater system of the City. He/she shall, subject to the orders
and directions of the Water Pollution Control Authority, have charge
of the sewer system of the Fourth Taxing District and of the care
and maintenance thereof and of the construction of all new sewers.
D.
The preparation of or assistance in the preparation of plans and
specifications for bidding the construction, demolition, repair, renovation
or rehabilitation of municipal improvements and all manner of public
works projects carried out by the City.
E.
The supervision and coordination of public improvements carried out
by contract to the City of Norwalk and the performance, direction
or inspection of actual conduct of all construction work by or on
behalf of the City.
F.
The prevention of encroachment and excavations in the public streets
and highways, except in accordance with duly adopted law and Regulation.
G.
The development and administration of a comprehensive program of
fleet maintenance services for all City departments, agencies and
commissions, with the exception of the Fire Department. The program
shall include the acquisition, assignment, disposition, sale and modification
of all equipment and related parts and supplies. Acquisition and assignment
of police vehicles shall be the responsibility of the Police Department.
Acquisition and assignment of parks maintenance vehicles and equipment
shall be the responsibility of this Department.
H.
The control, development, operation and maintenance of a system of
public parks and recreational areas and facilities, including narrow
parkways, boulevard strips and small areas along streets, now in existence
or that may hereafter be acquired; and the control, development, management,
operation and maintenance of the Oak Hills Park and all other matters
relating thereto shall be under a separate department, as provided
by ordinance. Said Department shall be charged with the construction,
protection, repair, furnishing, cleaning, heating, lighting and general
care of all public buildings, except school buildings and structures
under the jurisdiction of the Board of Education, and the water pollution
control plants, pump stations and the solid waste transfer station.
I.
The maintenance of playgrounds, playfields, bathing beaches, swimming
pools, recreation centers and other recreation and park activities,
areas and facilities.
J.
May plan, set up or place and protect and care for flowers, vines,
shrubs and trees to adorn and improve public squares, grounds, boulevards,
streets, avenues or spaces within the City.
K.
Shall recommend to the Common Council the institution of condemnation
proceedings whenever, in its judgment, private property should be
taken in the name of the City for the purposes of the Department.
L.
Shall have the right to call upon any other department of the City
government for assistance in performing its duties, and it shall be
the duty of such other departments to comply with a proper request
of said Department. Any questions as to what shall constitute a proper
request for assistance shall be decided by the Mayor; and,
M.
Such other related activities as may be assigned to the Chief from
time to time by the Mayor or by Ordinance.
[1]
NOTE: Comment of 2023 Charter revision Commission. Public Works was a mandatory provision under current Article IV. The Common Council. § 1-189.2.A (Second sentence). Derived from Charter Amendment 11-3-1970. Historic editor's Note: Former § 1-189.3, Authorization of Council to establish Purchasing Department, added by Charter Amendment 11-3-1970, was repealed by Charter Amendment 8-29-1978. The remainder of the historical provisions have been recodified under Article XII, subject to sunset upon the conditions set forth in this Charter.
