The Department of Public Works, at the direction of the Mayor, shall have the care and control of the streets, sewers and public parks of said city; and the control, supervision and regulation of all matters affecting the lighting of said city, whether by gas, electricity or otherwise; and said Department shall have and exercise the following powers and duties:
A.
To employ officers, employs and agents as may be necessary to care for and keep in order, the streets, parks and sewers, and to pay them such salaries as the Department shall determine. For employment purposes, residence within a ten-mile radius from the city geographical limits shall be permissible.
B.
To lay out, open, extend, alter, widen, straighten, construct or discontinue streets, or parts thereof, walks, public squares, parks and bridges in said city as hereinafter provided in this act, but no street shall be discontinued without the written consent of all parties owning lands thereon, and no part of a street shall be discontinued without the written consent of all parties owning lands on the part discontinued.
C.
Paving streets and sidewalks, etc.
(1)
To cause any street or section of a street to be graded, paved, repaved, macadamized or remacadamized; and to fix and regulate the grade line of streets and sidewalks.
(2)
To cause the sidewalks on the streets and highways to be raised, leveled, curbed, graded, flagged, graveled, paved, planked and repaired, and at the expense of the owners of the adjacent lands and premises and if any of the matters or things above-mentioned be not done by said owners within the time and in the manner or with the material required and prescribed, said Department may do or cause the same to be done, and cause the expense thereof to be assessed on the owners and cause the same to be levied and collected by special assessment or at the same time that the general taxes are payable as herein provided.
(3)
No sidewalk shall be made or remade without first obtaining the consent of the Department, and the approval by the Department or its Superintendent, of the materials, construction, grade, width and specifications, of the proposed sidewalk or change therein.
D.
To purchase all necessary implements; to hire and employ and discharge the necessary laborers, and to direct them as to the time and manner of the execution of their work in making any repairs upon the streets, bridges, parks and sewers of said city, or in cleaning and taking care of the same.
E.
To establish rules and regulations for its own government and the government of the Superintendent and its other agents and servants, and prescribe the duties of said officers, agents and servants.
F.
Maintaining streets, etc.
(1)
To contract for, purchase and provide materials, tools and machinery for keeping the streets in repair, or for grading, paving or repaving the same, or sweeping the streets, or sprinkling or oiling the streets, or for keeping the parks in proper condition.
(2)
To compel every person to clean the ice and snow from the sidewalk and gutters in front of any house, building or lot, owned or occupied in whole or in part by him, and in case of neglect so to do, to clean or cause to be cleaned such sidewalk or gutter, and the expense thereof, together with 10% in addition thereto, shall become a lien upon said house, building or lot to be collected in the same manner as other assessments are collected as provided by this act.
(3)
To contract for extending the distribution of sewers as hereinafter provided, and to make contracts for grading, paving, repaving, causing sidewalks to be made and remade, curbs to be set and reset, and gutters to be made and remade on any street as hereinafter provided or for the whole or any part of the work of extending said pipes or sewers.
G.
Trees and plantings.
(1)
To contract for, cause and regulate the planting, setting out, protection, rearing, trimming, spraying, cutting, removal and care of all trees, shrubs, plants, flowers and lawns in the streets, parks and public places.
(2)
To compel the owners of any premises to properly protect, spray or trim, or to cut down, any tree, shrub or plant within or partly within the line of any street or highway, and in case of the refusal or neglect of the owner so to do, to cause the same to be done at the expense of the owner and to cause such expense to be collected as herein provided.
(3)
No tree within or partly within the line of any street or highway shall be trimmed, removed or cut down, without first obtaining the consent of the Department of Public Works, or its Superintendent. Prior to the issuance of any permit for the trimming or removal of any tree, the Department of Public Works or its Superintendent shall seek a recommendation from the Tree Commission unless public safety requires immediate action to remedy the situation.
[Amended 4-6-1999 by L.L. No. 1-1999, approved 4-21-1999]
H.
To grant permits for the use of the sewers, to make proper rules and regulations for the same, and to provide for the same, and to provide for the protection and preservation of the pipes and sewers and all property connected therewith, and to order proper penalties, not exceeding $50 for each offense, for the violation of any such rules and regulations so made. Such rules may be enforced, and the penalties enacted thereby collected with costs in a civil action to be brought in the name of the city in any court having cognizance thereof. The penalty so collected shall be paid to the Comptroller of said city, to the credit of the Department.
I.
To require the City Engineer to make all necessary surveys and maps for said city, and to enter in and upon any lands for the purpose of making such surveys, and to do all necessary work connected with the laying out, opening, widening, straightening, constructing or discontinuing streets, public squares or parks; and to ascertain the boundaries of all streets and parks therein.
J.
To require any building, fence, awning, post, pole, sign, carriage block, porch, steps, bay windows or any other structure or erection which is, or may be hereafter erected, built or placed within the line of any street, highway, park or public place in the city to be removed therefrom by the owner or occupant; and to make general rules and ordinances in regard to the deposit of building materials or other materials upon the streets or sidewalks in front of any lot or premises an to determine the manner and conditions upon which permits therefor shall be granted; and in case of the neglect or refusal of any person who shall have caused any such encroachment, encumbrance or obstruction contrary to such rules or ordinances of said Department, or the owner of any premises upon which shall be any building or other structure or thing encroaching upon, encumbering or obstructing any street, sidewalk, highway, park or public place, to remove the same after being notified so to do, the Department may cause such removal at the cost and expense of such person or of such owner and to cause the cost and expenses to be collected as herein provided for the collection of assessments.
K.
To require any turnpike, street railway, railroad or any other road corporation or company, to keep the streets or highways through which its road may pass in said city and the gutters therefor in good condition and repair; to lay or relay such road according to the established grade of such street or highway or such parts of the same as the Department may prescribe or direct, and to remove without unnecessary delay all encumbrances or obstructions which such corporation or company have placed or caused to be placed upon such street or highway; and in case such corporation or company refuse or neglect to do any of the acts so required, said Department may cause the same to be done at the cost and expense of such corporation or company, and such cost and expense, to be fixed and determined by the Department, may be collected as herein provided. A street railway company, however, may be compelled to repair or keep in condition only that part of the road covered by its tracks and two feet beyond its rails on each side, and if necessary to remove ice and snow from any street, to remove only the portion thrown out by it.
L.
To provide for the removal of dirt and snow from the streets; to grant permits for the deposit of building materials on the streets, and to regulate the same; to grant permits for opening the surface for any portion of a street, or public place, for underground connections or otherwise, to make regulations concerning the same, and the restoration of such surface; to provide penalties for the violation of all regulations not exceeding $50, to be recovered for the use of the public works fund.
M.
To regulate and superintend the laying and repair of all gas pipes, water pipes, conduits, electric light and telephone wires, and to require any corporation or company, after relaying such pipes in any street or highway in said city, to put such street or highway in good condition and repair, and to remove all encumbrances and obstructions which said corporation or company may have placed or caused to be placed in any such street or highway, without unnecessary delay, and to require any such corporation or company to keep proper signal lights burning at night at all holes or ditches or places which may have been rendered dangerous to persons traveling such streets or highways; and in case such corporation or company neglects or refuses to do any of the acts so required of it, it shall be liable for all damages occasioned thereby, and said Department may cause the same to be done at the cost or expense of such corporation or company and collect such cost and expense by action or to cause same to be collected as herein provided.
N.
To keep the streets clean and in good order.
O.
To prevent or regulate the construction of any building, board, awning or other structure, which shall project into or over any street or sidewalk, and the hanging or suspending of any goods, signs, signboards, or any other thing whatever in or over such street or sidewalk, and to remove the same at the expense of the persons, owner or occupant causing the same and to cause such expenses to be collected as herein provided.
P.
To make such reasonable regulations and ordinances as to the rate of speed of cars, care and use of tracks, style and weight of rails, method of track construction, and removal of ice and snow by street surface railroad corporations as the interest or convenience of the public may require, and to provide that any such corporation whose agents or servants shall willfully or negligently violate such ordinances or regulations shall be liable to the city for a penalty not exceeding $500, to be specified in such ordinance or regulation to be recovered for the use of the highway fund.
Q.
To prescribe regulations as to the location and construction of private sewers, drains or gas pipes in said city and for the prevention of injury or obstruction of any street or sidewalk thereby.
R.
To compel the owner or occupant of any wall or building in the city which may be in a ruinous or unsafe condition from any cause except from fire or from damage by fire, to render the same safe, or to take down and remove the same and to prohibit such erection, and in case of the neglect or refusal of such owner or occupant to render such wall or building safe, or to take down or remove the same after being notified so to do, the Department shall cause the same to be taken down or removed at the expense of such owner or occupant, and to cause such cost and expense to be collected as in this act provided.
S.
To require, in case a street or highway in said city is to be paved, topdressed or otherwise improved, that sewer, gas, water, electric or any other underground connections be first built, constructed or extended to the curbline, and in case the owner of lands adjoining such street or highway or any corporation, association or person who is required so to do, shall refuse or neglect so to do, to cause the same to be done at the cost or expense of such owner, corporation, association or person and to cause such costs and expenses to be collected as herein provided.
T.
To make the costs and expenses in Subsections C(2), F(2), G(2), J, K, M, O, R and S, or any other subsections of this section, a lien upon the premises or lots therein mentioned or affected, and to collect such costs and expenses as taxes are collected under title of this act, the Department shall deliver a statement of such costs and expenses to the Common Council by filing the same with the City Clerk. The Common Council shall give the owners or occupants of said premises or lots affected, notice that the same has been delivered to it, and that it will, at its next regular meeting or at a certain time therein specified, which shall be at least five days after such notice is given, consider the same for the purpose of confirmation. At the time so specified any person interested may appear before the Common Council and apply to have such assessment altered or corrected as justice may require. The Common Council may thereafter cancel, alter, correct or confirm such assessments without further notice. The amount so assessed shall thereupon become, and at all times thereafter any portion thereof remaining unpaid, shall remain and constitute a lien, charge and assessment upon such respective real estate, to be collected as provided in Article XVI of this act.
U.
To regulate and control by license or otherwise the construction and maintenance of billboards.
V.
To erect fixtures for gas, electric and other lights, and to cause such streets as it deems proper to be lighted at such times and in such manner as the wants and interest of the city require; and to prescribe such rules and regulations as it may deem necessary and proper.
W.
To regulate the setting of poles and stringing of wires by telegraph, telephone or electric light or other companies in the streets of said city, and to require any and all such companies to place and install all such wires in conduits under the streets of said city.
X.
To cause the City Engineer to furnish it with maps of the city showing the location of lights used for public lighting.
Y.
To provide for the lighting of the streets and public parks, and public buildings and places within the city, and to contract in behalf of the city for the lighting thereof with any person, or corporation. No contract made other than at public letting shall be for a term exceeding three years. The Department may, however, contract for such lighting for and during a specified period not exceeding 15 years as shall by such Department be deemed to be for the best interest of such city and the inhabitants thereof, provided that every such contract shall be let at public letting and as a consideration for the execution and performance thereof, shall expressly provide for and secure to such city prices lower than any now prescribed therein by law, and a progressive reduction in such price for each year during the continued performance of such contract according to the conditions thereof, with proper indemnity to either party to such contract against any possible violation, impairment, abrogation or supersession thereof, within the term specified; and further provided that every such contract shall also provide and require that during the term specified said person or corporation may and shall supply electricity or gas to the inhabitants of such city at prices lower than those now charged therein and progressively lower for each year of such term. Any person or corporation bidding for such contract shall specify such several prices and reductions of price for the several classes and terms of gas and electricity supply. and the same shall be considered in the award of any much contract to the bidder or bidders therefor, and the person or corporation receiving any such contract shall be entitled to charge and collect the prices therein specified during the continuance therefor. The Department shall file a certified copy of every such contract with the City Clerk.
Z.
To petition the Mayor to make a complaint, in writing, to the Public Service Commission, as provided by § 71 of the Public Service Law, and all acts amendatory and supplementary thereto.
AA.
To have and exercise such other powers necessary to carry out the provisions of this article.