[1]
Editor's Note: Former § C195, Department of Parks and Recreation, as amended 5-14-2007 by L.L. No. 2-2007, was repealed 11-25-2024 by L.L. No. 5-2024.
(a) 
There is hereby created the position of Director of Human Services, which position shall be under the direction and supervision of the City Manager and shall be filled by appointment by the City Manager, subject to the approval of the Common Council. The Director of Human Services shall serve at the pleasure of the City Manager.
(b) 
The Director of Human Services shall supervise and oversee the Department of Parks and Recreation of the City of Peekskill and shall be responsible for all of the functions of the Department of Parks and Recreation as are set forth in § C195 of this Charter, as amended, and such additional duties as may, from time to time, be designated by the City Manager. In addition, the Director of Human Services shall coordinate the Senior Citizens Programs (whether pursuant to Article 13-D of the General Municipal Law or otherwise) of the City of Peekskill and all special events programs of the City of Peekskill. The Director of Human Services shall supervise and oversee the Departments of Youth Services and Recreation Services of the City of Peekskill and shall serve as liaison between the city and the Peekskill Field Library and the Paramount Center for the Arts. The position of Director of Parks and Recreation and Director of Youth Services shall report to and be under the supervision of the Director of Human Services.
(c) 
The Director of Human Services shall, in conjunction with the Director of Public Works and at the discretion of the City Manager, administer and oversee the maintenance, control and management of all of the public parks of the city.
[Amended 5-14-2007 by L.L. No. 2-2007; 6-24-2019 by L.L. No. 3-2019]
The provisions of law governing the establishment, maintenance, management, control and distribution of pension funds for the benefit of members of the Police Department shall be unimpaired by this Charter.
[Amended 5-14-2007 by L.L. No. 2-2007]
(a) 
The Planning Commission shall consist of seven members to be appointed by the Common Council, of whom not more than four shall be members of the same political party. The present members of the Planning Commission shall continue in office until the expiration of their terms. Upon the expiration of the term of each member of the Planning Commission, the term of office of each member thereafter appointed shall be three years. The members of the Commission during the month of May in each year shall meet and choose from among their number a member to serve as Chairperson and such other officers as are provided by law. In the event of a vacancy caused by death, resignation or otherwise than by expiration of term, a successor shall be appointed by the Common Council for the unexpired term.
(1) 
The Common Council shall have the power and is hereby authorized to appoint up to two additional members to the Planning Commission. Such additional members shall be known as "alternate members." Alternate members shall serve terms of one year from the date of their appointment and may be members of any political party. In the event any member of the such body for any reason is unable to participate on any item of business or matter coming before the Planning Commission and/or is unable to attend a meeting or part thereof, the chairperson or other presiding officer of the Planning Commission may designate an alternate to substitute for such member. When so designated, an alternate member shall possess and shall have the authority to exercise all the powers, authorities and responsibilities of a member of the Planning Commission. Any alternate member present and participating shall be counted as a member in attendance for the purpose of satisfying quorum requirements.
[Added 11-28-2022 by L.L. No. 10-2022]
(b) 
It shall be the duty of the Planning Commission:
(1) 
To formulate and advise the Common Council and the City Manager in regard to plans for the development of the city, the improving of its physical appearance and the increasing of its beauty, healthfulness and safety.
(2) 
To prepare and change the Comprehensive Plan for the development of the entire area of the city and to adopt and amend the same from time to time as required by law.
(3) 
To advise the Common Council and the City Manager with regard to all zoning changes, changes in the city map and proposed public buildings, streets, bridges, parks, other public works, transit routes and utility franchises, with special reference to their conformity with the Comprehensive Plan.
(4) 
To develop and recommend to the Common Council a comprehensive plan for the proper zoning of the city and amendments thereto from time to time.
(5) 
To submit to the City Manager annually, not later than the first day of August, a list of recommended capital improvements specifically related to the Comprehensive Plan or planning issues which in the opinion of the Commission are necessary or desirable to be constructed during the forthcoming year period. Such list shall be arranged in order of preference so far as may be, with recommendations as to which projects should be constructed, commenced or advanced during the coming year. Such list shall be published twice in the official paper or papers and shall be placed on file in the office of the Clerk as a matter of public record.
(6) 
To exercise all the powers enumerated in Article 3 of the General City Law, as amended.
(7) 
To promote public interest in and understanding of the Comprehensive Plan and of planning and zoning as aids to the proper development of the city as a wholesome place in which to live and work.
(8) 
To perform such other duties as may be assigned to it by the Common Council.
(c) 
Implementation of the Comprehensive Plan.
(1) 
Land use and development regulations. The Common Council may by ordinance adopt land use and development regulations, including but not limited to an Official Map and zoning and subdivision regulations.[1]
[1]
Editor's Note: See Ch. 575, Zoning, and Ch. 510, Subdivision of Land.
(2) 
Urban renewal. The Common Council may by ordinance provide for redevelopment, rehabilitation, conservation and renewal programs for:
(i) 
The alleviation or prevention of slums, obsolescence, blight or other conditions of deterioration, and
(ii) 
The achievement of the most appropriate use of land.
(3) 
Common Council action. Before acting on any proposed ordinance concerning land use and development regulations, urban renewal or expenditures for capital improvements where such ordinance refers to a matter covered by the Comprehensive Plan, the Common Council shall refer the proposal to the City Planning Commission, which shall, within a time specified by the Common Council and prior to the public hearing on the proposed ordinance, report its recommendations thereon. Before adopting any such ordinance, the Common Council shall make findings and report on the relationship between the ordinance and the Comprehensive Plan, and in the event that the ordinance does not accord with the Comprehensive Plan, the plan shall be deemed to be amended in accordance with such findings and report.
[Amended 5-14-2007 by L.L. No. 2-2007; 6-24-2019 by L.L. No. 3-2019; 11-25-2024 by L.L. No. 5-2024]
No civil action shall be maintained against the City for damages or injuries to person or property sustained in consequence of any real or personal property of the City, including without limitation, streets, highways, traffic control devices, bridges, culverts, sidewalks, crosswalks, gratings, openings, drains, sewers, public parking areas, playgrounds or pathways being defective, out of repair, unsafe, dangerous or obstructed unless it appears that written notice of the defective, unsafe, dangerous, obstructed condition of such street, highway, bridge, culvert, sidewalk, crosswalk, grating, opening, drain, sewer, public parking area, playground or pathway was actually given to the Director or Acting Director of Public Works and that there was a failure or neglect within a reasonable time after the giving of such written notice to repair or to remove the defect, danger or obstruction complained of. No such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the snow or ice upon any sidewalk, crosswalk or street unless written notice thereof relating to the particular place was actually given to the Director or Acting Director of Public Works of the condition or conditions complained of and there was a failure or neglect to cause such snow or ice to be removed or the place made reasonably safe within a reasonable time after the receipt of such notice. Each and every owner or person having charge of real estate in the City, abutting or bordering upon any sidewalk, shall be primarily liable to third persons for damages or injuries to person or property sustained due to a defective, out of repair, unsafe, dangerous, obstructed or slippery condition on such sidewalk. The City shall not be liable in civil action for damages or injuries to person or property or invasion of personal or property rights of any name or nature whatsoever, whether casual or continuing, arising at law or in equity, alleged to have been caused or sustained, in whole or in part, by or because of any omission of duty, wrongful act, fault, neglect, misfeasance or negligence on the part of the City or any of its agents, officers or employees, unless a claim therefor in writing, verified by the oath of the claimant, containing a statement of the place of residence of the claimant, by street and number, if any, otherwise such facts as will disclose such place of residence with reasonable certainty, and describing the time when, the particular place where and the circumstances under which the damages or injuries were sustained, the cause thereof and, so far as then practicable, the nature and extent thereof, shall, within 90 days after the happening of the accident or injury or the occurrence of the act, omission, fault or neglect out of which or on account of which the claim arose, be presented to the Common Council and served upon the Mayor or City Clerk and notice of intention to commence an action thereon must be served upon the Department of Law, nor unless an action shall be commenced thereon within one year and 90 days after the happening of such accident or injury or the occurrence of such act, omission, fault or neglect; but no such action shall be commenced to recover upon or enforce any such claim against the City until the expiration of three months after the service of said notice upon the Department of Law. The Mayor of said City may, within the period of three months from the time of the presentation of any claim against the City, require the claimant to be sworn with relation of such claim, and when so sworn, to swear orally as to any facts relating to the justice of such claim. Nothing contained herein, however, shall be held to revive any claim or cause of action now barred by any existing requirements or statute of limitations nor to waive any existing limitation now applicable to any claim or cause of action against the City. The place of trial of all actions or proceedings against the City or any of its officers, boards or departments shall be the County of Westchester.
[Amended 11-25-2024 by L.L. No. 5-2024]
The amount of any final judgment against the city shall be reported immediately to the City Manager and Common Council by the Department of Law and such amount shall be raised in the next annual budget or paid out of moneys unappropriated or financed pursuant to the provisions of the Local Finance Law. Until the moneys be so raised and unless the City refuses to pay the judgment within 30 days after it has funds in hand for such payment, no execution on the judgment shall issue against the City.
(a) 
All officers holding office on the effective date of this local law[1] and all employees of the city on such date shall continue in their respective offices and employments unless and until replaced in accordance with the provisions of this Charter or other law.
[1]
Editor's Note: "This local law" refers to L.L. No. 2-1967, adopted 11-7-1967.
(b) 
All books, papers, documents and files, funds and moneys in the hands of the elective and appointive officers superseded by other officers at the time when the city manager provision of this Charter goes into effect shall be turned over by such officers to their successors in the use or custody of such materials as soon as such successors are appointed. In case of doubt as to the proper successor, such materials shall be turned over to the City Manager.
(c) 
All funds and moneys in the hands of officers of the city at such time shall be turned over to the Comptroller.
(d) 
No legal action or proceeding pending at such time shall be affected by any change in the officers of the city, but all such actions or proceedings shall be continued with the appropriate successors of the officers with whom they were commenced.
(e) 
Notwithstanding anything herein to the contrary, after the effective date of this local law,[2] the Common Council shall appoint from among the appointed department heads of the city a person to serve as Acting City Manager until the Common Council shall appoint a City Manager as herein provided. Such Acting City Manager shall have the powers and authority of the City Manager hereunder. While acting as City Manager, such person shall receive no additional compensation and he/she shall be exempt from so much of the provisions of § C18 of this Charter as prohibits him/her from holding more than one city office and declares vacant his/her present office upon acceptance of the position of Acting City Manager.
[2]
Editor's Note: "This local law" refers to L.L. No. 2-1967, adopted 11-7-1967.
Whenever any property in the city shall be owned by two or more persons jointly or as tenants in common or otherwise, a notice served on one of such owners shall be sufficient notice to all for any purpose requiring a notice under this act.
The City of Peekskill shall be liable for the principal of and interest on the bonds, notes, certificates and other evidences of indebtedness of the Village of Peekskill and may pay, renew, fund or refund any or all obligations of the village as if said bonds, notes, certificates or other evidences of indebtedness had been issued by the city in the first instance. The city shall also be liable for such share of all bonds and other lawful obligations issued by the Town of Cortlandt, and which bonds and other lawful obligations are legally chargeable against the property located within the incorporated limits of the City of Peekskill, in the proportion that the total assessed value of property in the City of Peekskill shall bear to the total assessed value of property in the City of Peekskill, Villages of Buchanan and Croton and all other unincorporated areas located in the Town of Cortlandt. For this purpose the last assessment roll of the Town of Cortlandt shall be the basis of such computation.
If any article, section, clause, sentence, paragraph or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the article, section, clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This act shall take effect January 1, 1940; provided, however, that this act shall be adopted and approved as follows: At the general election of the inhabitants of the territory within the proposed City of Peekskill, as in this act described, which shall be held on the 12th day of April 1938, at which there shall be submitted to the qualified voters the following proposition: Shall the legislative act of nineteen hundred thirty-eight approved by the governor, entitled "An act to incorporate the City of Peekskill" be approved? Unless a majority of the votes cast at such election shall be in the affirmative, this act shall thereupon be ineffective.[1] All said inhabitants possessing the qualifications to vote under the present Charter of the Village of Peekskill shall be entitled to vote at said election.
[1]
Editor's Note: The Charter was approved by the voters at the general election held 4-12-1938. The submission of the proposition was later held void by the Court of Appeals. The submission was subsequently legalized by Chapter 409 of the Laws of 1940 and Peekskill became a city 4-12-1940.
[Added 3-12-2012 by L.L. No. 4-2012]
(a) 
In the event that any owner of any occupied or unoccupied lot or piece of land or any part thereof within the City of Peekskill shall fail to maintain or repair the same as required by this City Charter and/or by City Code, such owner may, in addition to or in lieu of other remedies, be served an abatement notice either personally or by certified mail, return receipt requested, to his or her last known address or place of residence, if known, and, if not known, then by posting a copy of the notice in a conspicuous place upon the premises and by certified mail, return receipt requested, to the address shown upon the records of the City Comptroller for the mailing of tax bills. In the case of a corporate owner, the notice shall be sent to the agent or a principal of the corporation as shown in the records of the City Comptroller or, if not so shown, then to the address shown upon the records of the City Comptroller for the mailing of tax bills and, if not so shown, then to the Secretary of State designated as agent for the service of process in the State of New York.
(b) 
The abatement notice shall specify the provisions of the City Charter and/or City Code deemed to have been violated, require the owner to correct the condition within 14 days and provide that if the owner fails to do so, the City may cause the required work or repair to be made and assess a lien against the property for the cost of the work or repair, including the actual costs for all time and materials together with an additional 25% administrative fee for costs of inspection and other incidental costs associated with abating the condition. The notice shall advise the owner of the right to a hearing, obtained by written request to the City within the time specified for compliance by the notice. The notice shall specify the provisions of the City Charter and/or City Code deemed to have been violated and the right to a hearing obtained by written request to the City within 14 days of the date of the notice. If the City determines that an immediate emergency exists, the City may undertake or cause to be undertaken such work or repair prior to the expiration of the fourteen-day notice period.
(c) 
Should such owner fail to comply with the abatement notice, the City may cause the work or repair to be made by entering contracts therefor and making payment out of available funds, except that, if the City determines that an emergency exists, the City Manager or City Manager’s designee may order the work or repair to be made by or on behalf of the City. The City shall keep records of the cost of such work.
(d) 
Should the work or repair be performed by or on behalf of the City after notice has been given pursuant to this section and the owner’s time for compliance has run out, the City shall advise the owner in writing of the cost of such work or repair, including the actual costs for time and materials, whether performed by City staff or a contractor on behalf of the City, together with an additional 25% administrative fee for costs of inspection and other incidental costs associated with abating the condition, and, subsequent thereto, the owner shall have the right to request a hearing to challenge the cost of such work or repair within 14 days of said notice. The cost of the work or repair as finally determined together with the administrative fee and all actual and incidental costs shall be assessed as a lien against the affected property. Notice shall be given to the City Comptroller specifying the property affected by lot and block numbers as the same appear on the Official Tax Assessment Map of the City of Peekskill, together with the actual costs of time and materials incurred in undertaking such work or repair, whether performed by City staff or on behalf of the City, together with an additional 25% administrative fee for costs of inspection and other incidental costs associated with abating the condition, and, from the hour of filing, the amount of the charges specified in said notice to the City Comptroller shall be a lien upon the property affected thereby. A copy of this notice shall be served by certified mail upon the owner of the affected property, in the manner specified in Subdivision (a) above. The costs specified, if not paid by or on behalf of the owner within 30 days of notice, shall be added to and collected with the subsequent City property tax levy and shall bear interest and be enforced as provided by law for other City taxes.
(e) 
No action for damages may be maintained against the City by reason of its failure to comply with any of the provisions of this section.