The commissioner of public works, parks and streets shall be
the head of the department of public works, parks and streets.
The mayor shall appoint, subject to confirmation by the council,
and may at pleasure remove the commissioner of public works, parks
and streets.
The commissioner shall either (a) be a civil engineer who has
been engaged in the actual practice of his or her profession for at
least five years; or (b) have had at least five years of full-time
experience in a supervisory position in public service administration
or business administration; or (c) an equivalent combination of training,
education and experience sufficient to indicate ability to perform
the duties of the office.
The commissioner shall:
(a)
Have all the powers and shall exercise all the duties hereinafter
conferred upon the several divisions of the department except that
if the commissioner does not hold a professional engineer's license,
his or her duties shall exclude those duties which require a professional
engineer's license and with regard to such duties the commissioner
shall relinquish licensing jurisdiction to the city engineer;
(b)
Act as liaison between the department and other city departments
and agencies having an interest in the affairs of the department;
(c)
Supervise the execution and management of all personnel, programs,
activities and expenditures of the department;
(d)
Have such other powers and duties as may be provided by ordinance
or law.
[Added 6-22-2010 by L.L. No. 5-2010, effective 7-6-2010]
There shall be a Deputy Commissioner of Public Works, Parks
and Streets who shall act for and generally in place of the Commissioner
of Public Works, Parks and Streets and shall possess the same qualifications
as those required for said Commissioner. The Deputy Commissioner shall
be appointed by the Commissioner of Public Works, Parks and Streets
and shall be removable at the pleasure of the Commissioner.
[Added 6-22-2010 by L.L. No. 5-2010, effective 7-6-2010]
The Deputy Commissioner of Public Works, Parks and Streets shall
exercise such powers and perform such duties as may be assigned to
him by the Commissioner of Public Works, Parks and Streets.
There shall be in the department the following divisions:
The head of the division of engineering shall be the city engineer
who shall also be a deputy commissioner and shall be authorized to
act generally for and in place of the commissioner.
The city engineer shall be a New York state licensed professional
engineer who shall have been engaged in the actual practice of civil
engineering for at least ten years, provided, however, that graduation
from a school of engineering of recognized reputation shall be deemed
equivalent to two years of actual practice. He or she shall have had
responsible charge of work for at least five years and shall be qualified
to design as well as erect engineering works.
The city engineer shall have all the powers and shall exercise
all the duties hereinafter conferred upon the several divisions of
the department requiring a professional engineer's license and shall
have such other powers and duties as may be granted to him by this
act or by ordinance or general law.
The city engineer shall also:
(a)
Have exclusive jurisdiction, pursuant to section sixteen hundred
three of the vehicle and traffic law of this state, to prohibit, limit,
regulate or control traffic in the streets and public highways of
the city of Buffalo, and accordingly is authorized and empowered to
make, rescind and amend general traffic rules or regulations or ordinances,
and all such traffic rules or regulations or ordinances shall become
effective forty-five days after the first council meeting at which
they appear on the agenda as an item of business unless during such
forty-five day period the council either disapproves them or modifies
them, in which latter case they shall become effective in their modified
form;
(b)
Be responsible for the approval, installation, repair and maintenance
of traffic-control devices, signs, signals and markings; test traffic-control
devices under actual conditions of traffic; study and report to the
council with respect to plans and programs referred to the department
or imposed upon it by law or ordinance; be responsible for developing
a systems approach to traffic flow in the city and a master traffic
plan; developing traffic controls, priorities for traffic projects,
and designing new roads and intersections; widening of roads and other
changes in existing facilities; developing policies and regulations
concerning signals, signs and highway markings as deemed necessary;
(c)
Prepare and submit on behalf of the city applications for federal,
state or other funds, subsidies, grants, or grants-in-aid relating
to transportation programs or projects to accomplish or implement
such programs or projects; recommend to the common council traffic-control
plans and programs which supplement, modify or are in accord with
general plans adopted and approved by the city planning board;
(d)
Develop a system of traffic monitoring through the use of automatic
traffic controls and flow charts for different hours of the day; analyze
all major accidents or accident reports to determine the relation
between the cause and street design or regulatory policies; and
(e)
Be responsible for the planning, designing, constructing, altering,
repairing and maintaining of all public streets, alleys, park approaches
and park roadways; the location, grading and establishing and describing
the grade, construction, repair and maintenance of all sidewalks and
crosswalks on she public streets, alleys, park approaches and in parks;
the direction, supervision and control of openings of public streets,
alleys, park roadways, park approaches, bridges, viaducts and subways
and of the use and occupation thereof by public utility corporations,
individuals or associations having a franchise or right to use the
same.
(f)
Be responsible for the construction, maintenance, repair and alteration
of bridges, viaducts and subways and the approaches thereto, except
insofar as such duties may be imposed upon other authorities or corporations
by general law or by contract with the city.
(g)
Be responsible for the planning, designing, constructing and maintaining
of basins, slips, canals and other navigable public waters in the
city, and the dredging and keeping free from obstruction Buffalo river
and other navigable public waters in the city, except such of said
duties as are or may hereafter be imposed by law upon the state or
the United States or other public authority; the enforcement of the
ordinances governing the navigation and use of said waters; the planning,
designing, constructing and maintaining of public docks, wharves,
piers, bulkheads, bridges and other structures in connection with
the public waters of the city, except such of said duties as are or
may hereafter be imposed by law upon the state or the United States
or other public authority; the supervision and control of the construction
and maintenance of private docks, wharves, piers, bulkheads and other
structures abutting on the public waters of the city and of private
bridges and other structures over such public waters, except such
of said duties as are or may hereafter be imposed by law upon the
state or the United States or other public authority.
(h)
Be responsible for the marking and preserving of surveys, maps, plans,
estimates and drawings relating to opening, laying out and improving
public streets, alleys, park approaches, parks and other public grounds
in the city and of all construction therein and of all public buildings
and structures.
(i)
Be responsible for the lighting of public streets, alleys, parks,
park roadways, park approaches, bridges, subways, and viaducts and
the maintenance or supervision of the maintenance of all structures,
wires, poles, conduits and apparatus erected therein in connection
with such lighting.
(j)
He or she shall also exercise such other powers and perform such
other duties as may be conferred or imposed by the commissioner or
by any ordinance or state or federal law.
The city engineer shall record all streets, alleys, park approaches,
parks and other public grounds now or hereafter established, and record
and describe the grades and any alteration of the grades thereof,
and shall keep a record of such streets, alleys, park approaches,
parks and other public grounds and of such grades.
When lands have been marked upon the maps of the department
of assessment and taxation as a public street, avenue, alley or square
and a map or plot thereof has been filed in the Erie county clerk's
office by the owner showing the same as a public street, avenue, alley
or square since January first, eighteen hundred eighty, or at any
time thereafter or hereafter, and the same have been exempted from
taxation at the instance or with the consent of the owner, or where
adjacent lands of the same owner have been conveyed and taxed, bounding
on any such street, avenue, alley or square, the same shall be deemed
to have been duly dedicated and accepted as such. When it is desired
to file an amended or corrected plan or subdivision on any street
so deemed to have been duly dedicated, such plan or subdivision shall
be approved by the city engineer and marked "heretofore dedicated"
before filing in the office of the Erie county clerk.
When it is proposed to lay out any new street within the city,
a plan or survey showing the location and dimensions of such street
shall be filed with the city engineer. The proposed street in width,
extent and location shall conform with any ordinances made upon the
subject by the council. If the plan is approved by the city engineer,
it shall be submitted to the council, which may accept such proposed
street as a public street or place. Upon such acceptance the city
clerk shall endorse upon such plan "accepted" with the date of acceptance.
The council may prescribe conditions for the acceptance of any public
street or place, including title or easement to such lands and any
improvements theretofore made therein. No map subdividing lots upon
a proposed street or purporting to show or dedicate a proposed street
shall be filed in the office of the Erie county clerk or copied by
the department of assessment and taxation on its maps and surveys
unless there is attached thereto a certificate from the city clerk
that said street has been duly accepted by the city.
The department of public works, parks and streets shall neither
make nor cause to be made any repairs to any pavement on a street,
alley, parkway or park approach or any block thereof unless less than
one-third of any such pavement is in a condition requiring repairs,
and if more than one-third thereof is in a condition requiring repairs,
he shall certify the fact to the council which may order the same
repaved. If said department shall certify that it is inexpedient to
repair a street, alley, parkway or park approach, or any portion thereof,
and that the same requires reconstruction, the council may order such
reconstruction.
The city engineer shall have the following responsibilities
related to traffic and transportation:
(a)
To investigate, study and report on any plans, programs or projects
relating to traffic engineering and services, and make recommendations
to the commissioner of public works with respect thereto;
(b)
To make recommendations to the commissioner as to policies, plans,
programs or projects for the development, maintenance and improvement
of the transportation systems in the city;
(c)
To establish standards and procedures relating to the content and
coordination of national highway safety programs. Such standards and
procedures may include, but need not be limited to, requirements in
the following areas of highway safety:
(i)
Traffic engineering and control;
(ii)
Traffic enforcement;
(iii)
Emergency medical care;
(iv)
Investigation and surveillance of accident locations; and
(v)
Highway safety education.
|
The city engineer shall be responsible for coordinating the
city highway safety program with state and federal programs in the
manner required by the rules and regulations of the governor of New
York state, his or her designees, and the national highway safety
program.
|
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Division of Buildings
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[Amended 12-26-2000 by L.L. No. 1-2001, effective 1-9-2001]
The head of the division of buildings shall be the director
of buildings, who shall also be a deputy commissioner with the power
to act generally for and in place of the commissioner.
[Amended 12-26-2000 by L.L. No. 1-2001, effective 1-9-2001]
The director of buildings shall be a civil engineer or an architect
who shall have been engaged in the actual practice of his or her profession
for at least six years, and who shall have had responsible charge
of work as principal or assistant for at least one year.
The director of buildings, or the commissioner's designee under
the supervision of the commissioner, shall be charged with and exercise
the following duties and powers, to wit: The planning, construction,
alteration, repair and maintenance of all public buildings of the
city.
He or she shall also exercise such other powers and perform
such other duties as may be conferred or imposed by the commissioner,
or by any provision of this act or by ordinance or by any general
law.
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Division of Water
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[Amended 12-26-2000 by L.L. No. 1-2001, effective 1-9-2001]
The head of the division of water shall be the director of water,
who shall also be a deputy commissioner with the power to act generally
for and in place of the commissioner.
The director of water, under the supervision of the commissioner,
shall be the agent of the city in relation to the water board created
pursuant to section 1048-f of the public authorities law. The director
shall assist the water board in the exercise of the following powers
and duties: the control, direction, management, maintenance and repair
of the existing water system and plants of the city, and the control,
direction and maintenance of the sources of water supply, and the
planning, construction, alteration, repair and maintenance of the
extensions of the existing water system and plants, the control and
management of the furnishing of a water supply to the city and its
inhabitants, and the fixing of rates therefor, subject, however, to
the approval of the council.
On behalf of the water board, the director shall prepare and
mail to all water customers an annual water supply statement which
presents information in a clear and concise form on the quality of
the drinking water. The director shall also exercise such other powers,
and perform such other duties as may be conferred or imposed by the
commissioner or by any provision of this act, or by any general law.
The commissioner may, with approval of the council, contract
the powers and duties of the director of water to an independent professional
entity if the best interests of the city are so served.
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Division of Telecommunication, Utilities and Franchises
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The head of the division of telecommunications, utilities and
franchises shall be the director of telecommunications, utilities
and franchises, who shall be a deputy of the commissioner with power
to act generally for and in place of the commissioner. The director
shall have a bachelor's degree from an accredited college or university,
and shall have a minimum of five (5) years experience in the telecommunications
or utilities fields and shall possess the ability to prepare clear,
comprehensive, technical and administrative reports.
The director shall be appointed by the commissioner and shall
be removable at the will of the commissioner.
The director shall, subject to direction of the commissioner
and with the assistance of and in consultation with the departments
of law, administration and finance, assessment and taxation, and such
other city agencies as may be appropriate, shall:
A.
Prepare and maintain a list and summary of all of the city government's
current: (1) franchise agreements or relationships with telecommunication
and public utility companies; (2) agreements and arrangements for
the purchase of natural gas, electricity and telecommunication services;
(3) taxes on telecommunication and public utility properties and activities;
and (4) local laws, ordinances, resolutions, licenses and permits
regulating telecommunication and public utility companies.
B.
Monitor compliance by such companies with the terms and conditions
of such agreements, arrangements, taxes and regulations.
C.
Identify, and examine potential opportunities for the city, in its
relations with such companies to: (1) reduce costs to the city and
its residents; (2) improve services to the city and its residents;
(3) increase revenues to the city; and (4) protect and enhance the
quality of the environment.
D.
Identify and examine potential opportunities for cooperative purchasing
of natural gas, electricity and telecommunication services for the
benefit of the city and its residents.
E.
Receive, investigate and resolve complaints concerning the activities
of such companies.
F.
Keep the city government apprised of national and local developments
in telecommunication, utility and franchise matters.
G.
Represent the city in telecommunication, public utility and franchise
matters and negotiate with current and prospective telecommunications
service providers operating or seeking to operate within the city..
H.
Coordinate and oversee development of the government access channel
and the implementation of a multimedia institutional network for the
city of Buffalo.
I.
Recommend studies, surveys or other actions ensuring compliance by
the city's licensed cable company with the franchise agreement and
fostering the development of advanced cable technology in the city
of Buffalo.
J.
Provide such assistance and prepare such reports as may be requested
by the commissioner or by the common council, comptroller or mayor
through the commissioner.
K.
Submit a report on or before March 31 each year to the common council,
the mayor and the comptroller on the matters mentioned above, with
recommendations for further action by the city government.
L.
Provide staff assistance to the telecommunication, utility and franchise
advisory board.
There shall be a telecommunications, utilities and franchises
advisory board. The board shall consist of seven members appointed
by the mayor, each of whom shall possess experience and expertise
in telecommunication or public utility issues. The terms of the members
shall be for three years, except that of the members first appointed,
two shall serve for a period of one year and two shall serve for a
period of two years. All members shall serve without compensation.
The mayor shall appoint the chair of the board and the board shall
adopt its own bylaws. The board shall meet at least six times a year
and keep an accurate record of its meetings and activities.
The board shall consult with and advise the director, review
the plans and activities of the division and the reports of the director,
and issue an annual report to the common council, mayor and comptroller
assessing the city's telecommunications, public utility and franchise
arrangements, policies, plans and accomplishments, and recommending
such actions as it may consider to be in the best interests of the
city and its residents.
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Division of Parks and Recreation
[Amended 12-26-2000 by L.L. No. 1-2001, effective 1-9-2001; 6-19-2003 by L.L. No.
8-2003, [1] effective 6-26-2003] |
[1]
Editor's Note: Section 3 of this local law provided that it
would take effect 7-1-2003.
The commissioner of public works, parks and streets shall have
supervision and management of the affairs of the division, the care,
control, management and maintenance of all public parks, park approaches,
and all areas in public streets, public squares, public grounds and
public places designated by the mayor as park spaces, and of the use
thereof, the planting, caring for and removal of trees in all streets
and in all public grounds. He or she shall be charged with the care,
control, management and maintenance of all public playgrounds, including
pocket playgrounds and tot lots, the regulation of the use thereof
and the supervision, management and control of all forms of recreation
in such playgrounds and in the public parks. He or she shall be charged
with the care, control, management and maintenance of community houses
for instructional, social and recreational purposes. He or she shall
grant permits issued in connection with the use of any of the parks,
park approaches and playgrounds. He or she shall also exercise such
other powers and perform such other duties as may be conferred or
imposed by any provision of this charter or by law or ordinance.
The term "parks" as used in this act shall include all existing
parks and all parks hereafter acquired by the city, and the term "park
approaches" as used in this act shall be deemed to include all avenues
and parkways duly designated as park approaches and such as may hereafter
be so designated by the council by a three-fourths vote of the membership
thereof, and the council may by a majority vote discontinue as a park
approach any park approach designated at any time prior to the effective
date of this act.
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Bureau of Forestry
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Bureau of Recreation
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[1]
Editor's Note: Former § 15-29, Bureau of Forestry,
was repealed 12-26-2000 by L.L. No. 1-2001, effective 1-9-2001.
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Division of Streets
[Amended 12-26-2000 by L.L. No. 1-2001, effective 1-9-2001; 7-23 2002 by L.L. No. 8-2002, effective 8-15-2002; 6-19-2003 by L.L. No.
8-2003, [2]effective 6-2-2003] |
There shall be established within the department of public works,
parks and streets a division of streets.
The commissioner of public works, parks and streets shall have
the supervision and management of all the affairs of the division
of streets. The commissioner shall be charged with and exercise the
following powers and duties, to wit: the cleaning by sweeping and/or
flushing with water, including the control by either removal or displacement
of snow and ice accumulations thereon, of all public streets, alleys,
roadways and highways; the control, direction, management and coordination,
including the planning and designing, of all programs for the removal,
displacement, or prevention of snow and ice accumulations or icy conditions
on all public streets, alleys, roadways and highways, which programs
shall be filed with the common council by November first of each year,
and for any of the other activities of the department. Such program
should also include details related to street cleaning and city-owned
vacant lot maintenance.
The commissioner shall be responsible for the removal for disposal
of solid waste; the maintenance, regulation and control of vacant
lots; the regulation and control of all solid waste collection, including
the inspection of structures and premises where the same are stored
in connection therewith, and the enforcement of applicable state laws
and ordinances relating to the same or relating to any of the other
activities of the department of public works, parks and streets; orderly
administration of all applicable state and local laws and ordinances
regulating solid waste collection, recycling and the maintenance of
vacant lots in the city; add to or delete from list of recyclable
materials and establish rules and regulations regarding the separation,
preparation, collection, transport and disposal of recyclable materials
in accordance with state and local law and ordinances.
The commissioner shall also be responsible for the elimination,
regulation and disposal of pests, including rats and pigeons; the
inspection of structures and premises in connection therewith; the
removal and disposal of dead animals and carcasses from streets and
public places; the management and control of the operation of the
animal shelter, including the performance of all duties required for
the proper seizure and impounding of animals and for the destruction
or sale thereof. All departmental commissioners and all other city
agency heads shall cooperate fully with the commissioner of public
works, parks and streets in carrying out the functions of this department.
The commissioner of public works, parks and streets shall be
charged with the power and duty of governing and disciplining the
department and all subordinates and employees thereof and to that
end may, from time to time, make and enforce orders, rules and regulations
not inconsistent with this act or any general law, which orders, rules,
or regulations shall have the same force and effect as if herein specially
enacted. Existing rules and regulations shall continue until changed.
He or she shall also have the powers and exercise all the duties hereinafter
conferred upon the division of streets and shall exercise such other
powers and perform such other duties as may be conferred or imposed
by any provision of this act or by any general law or ordinance.
[Added 10-4-2005 by L.L. No. 3-2005, effective 10-20-2005]
There may be in the department two directors. The directors
shall be appointed by and at the pleasure removed by the commissioner
of public works, parks and streets. One director shall be responsible
for managing aspects of the division related to street cleaning, and
snow and ice removal. One director shall be responsible for managing
aspects of the department related to the collection and disposal of
solid waste. Both directors shall be authorized to act generally for
and in place of the commissioner.
[1]
Editor's Note: Former § 15-36, Directors, was repealed
12-26-2000 by L.L. No. 1-2001, effective 1-9-2001.
[Added 10-4-2005 by L.L. No. 3-2005, effective 10-20-2005]
Both directors shall have either (a) at least five years of
full-time experience in public service administration, or business
administration; or (b) an equivalent combination of training, education
and experience sufficient to indicate the ability to perform the duties
of the office.
[1]
Editor's Note: Former § 15-37, Qualifications, was
repealed 12-26-2000 by L.L. No. 1-2001, effective 1-9-2001.
A.
Pursuant to the city of Buffalo's home rule powers, the city of Buffalo
hereby establishes user fees to fund the public collection of solid
waste and maintenance of vacant lots. There shall be user fees for
commercial users and residential users. Commercial users, unlike residential
users, vary widely in the quantity and nature of the waste discarded,
whereas residential users generally have similar types and quantities
of solid waste, thus a single standard may be established for public
collection of residential solid waste and user fee rates for that
type of solid waste. Many commercial users, including industrial property
owners, institutional property owners, governments, apartment and
multi-residential complex owners, have existing contracts with duly
licensed solid waste collectors which the city does not intend to
disturb.
B.
The council shall have the power to enact appropriate authorizing
ordinances or resolutions for user fees for the public collection
of solid waste, and the commissioner of public works, parks and streets
is authorized to adopt appropriate rules and regulations pursuant
to this section and pursuant to local laws, ordinances or resolutions
adopted pursuant to this section. The fees charged pursuant to this
section shall be in such amounts as shall apportion the entire cost
of the solid waste collection and disposal services, and such other
services as the commissioner by regulation may include, such as the
clearing of vacant lots, to and among the users of such services in
a fair and equitable manner. The factors for such apportionment may
include the costs of both collecting solid waste and clearing vacant
lots, the fees charged to the city for disposal of solid waste, administrative
and labor costs, capital costs for maintaining the system, the frequency
of collection, the type of waste collected, revenues derived from
recycling, other sources of revenue, fixed and incremental costs of
service, and other appropriate factors.
A.
No person, except city employees in the performance of their official
duties and city contractors, shall engage in the collection of residential
solid waste. No solid waste collector or regulated substance collector
shall collect residential solid waste unless authorized by the commissioner.
B.
The division of streets shall collect and dispose of residential
solid waste originating in the city, as further limited by this article.
The division shall not collect infectious waste, regulated materials,
regulated medical waste, or hazardous waste. The commissioner may
promulgate regulations covering the items of collection of solid waste,
and such other matters pertaining to the public collection and disposal
of solid waste as he or she may deem necessary, provided that such
regulations are not contrary to the provisions of this article.
C.
Residential solid waste shall not be accumulated except in accordance
with the regulations of the commissioner and prepared by owners and
occupants in accordance with the provisions of this article.
A.
There shall be established residential user fees for collection of solid waste as to be provided in chapter 175, fees, of the code of the city of Buffalo.
B.
All residential users shall be billed for public solid waste collection
and disposal services. The billing of residential user fees shall
be subject to audit pursuant to the code of the city of Buffalo and
the rules and regulations of the commissioner.
C.
All residential user fees are payable in advance and shall be due on the first day of the period for which service is provided; and if not received within forty-five (45) days of the due date, there shall be added to that bill a collection processing charge as provided in chapter 216, garbage, rubbish and refuse, of the code of the city of Buffalo, interest shall accrue daily at the rate of one and one-half percent (1.5%) per month from the due date on the total amount owing until paid in full, and any fees, charges, and costs of collection, including (without limitation) attorneys' fees, will be in addition to the amount owing.
[Amended 4-3-2001 by L.L. No. 5-2001, effective 4-20-2001]
D.
The bill shall be rendered as an annual statement with provision
for both payment in its entirety of the annual amount stated or by
payment of a quarterly statement. If the owner chooses to pay the
quarterly installment, that quarterly payment must be made within
forty-five (45) days of the due date.
[Amended 10-3-2000 by L.L. No. 12-2000, effective 10-31-2000]
E.
In the event a user fee bill is referred to an collection agency,
the collection agency's charges shall be added to the fees with interest
due and owing.
Unpaid residential user fees, including interest, costs, administrative
and legal expenses and collection charges incurred, shall be the personal
liability of the owner and shall also be a lien upon the real property
in connection with which solid waste collection is offered as and
from the due date for services billed and to be offered in the fiscal
year commencing on that date. Notwithstanding any ordinance or local
law to the contrary, this lien shall be superior to any and all other
liens, excepting those for general taxes and local assessments, and
shall have equal priority with liens imposed for water charges, which
lien can be enforced by foreclosure proceedings instituted at the
expiration of one (1) year from the date of the creation of the lien,
in addition to and notwithstanding any and all other remedies available
to the city for the collection of unpaid user fee bills.
A.
The division of streets shall collect and dispose of commercial solid
waste originating in the city, as further limited by this article.
The division shall not collect industrial waste, infectious waste,
regulated materials, regulated medical waste, or hazardous waste.
The commissioner may promulgate regulation covering the items of collection
of solid waste and the fees charged therefor, and such other matters
pertaining to the public collection and disposal of solid waste as
he or she may deem necessary, provided that such regulations are not
contrary to the provisions of this article.
B.
Commercial solid waste shall not be accumulated except in accordance
with the regulations of the commissioner and shall be prepared by
owners and occupants in accordance with the provisions of this article.
C.
Commercial users must provide for the lawful collection and disposal of waste. Commercial users may elect to be serviced by solid waste collectors or the division of streets. Commercial users not serviced exclusively by the division must submit to the commissioner the name of the duly licensed solid waste collector who is providing collection and disposal services for such user and that such collection is being made at a frequency determined by the commissioner from time to time to be consistent with public health, safety and general welfare requirements. Submission of such name shall establish a rebuttable presumption that such user shall not place solid waste at the curbline for public collection. Disclosure of the identity of the solid waste collector or the regulated substance collector or the serviced commercial user shall be deemed to be disclosure of trade secrets or information derived from a commercial enterprise disclosure of which would cause substantial injury to the competitive position of the subject enterprise for purposes of article 6 of the New York public officers law (the freedom of information law) and the federal freedom of information act, 5 U.S.C. § 552. Failure to provide for adequate collection and disposal services in accordance with this article shall constitute a violation.
D.
Commercial users who produce industrial waste, infectious waste,
regulated materials, regulated medical waste or hazardous waste must
have such waste collected by regulated substance collectors and that
collection must be made at a frequency determined by the commissioner
from time to time to be consistent with public health, safety and
general welfare requirements. Failure to provide for adequate collection
and disposal services in accordance with this article shall constitute
a violation.
A.
The fees for public collection of commercial solid waste shall be determined or negotiated by the commissioner, billing of which is subject to service review pursuant to the rules and regulations promulgated by the commissioner; provided, however, that such fee shall not be determined or negotiated at a rate less than the appropriate rate provided in chapter 175, Fees, of the code of the city of Buffalo. The commissioner may determine or negotiate such fees based on factors such as, but not limited to, the type of use of the establishment, size of receptacle, quantity of waste generated, and the frequency of collection.
[Amended 3-19-2002 by L.L. No. 3-2002, effective 4-19-2002]
B.
All commercial user fees are payable in advance as indicated on the bill. If payment is not received within forty-five (45) days of the due date, there shall be added to that bill a collection processing charge as provided in chapter 216, garbage, rubbish and refuse, of the code of the city of Buffalo, interest shall accrue daily at the rate of one and one-half percent (1.5%) per month from the due date on the total amount owing until paid in full, and any fees, charges, and costs of collection, including (without limitation) attorneys' fees, will be in addition to the amount owing.
[Amended 10-3-2000 by L.L. No. 12-2000, effective 10-31-2000]
C.
The bill shall be rendered as an annual statement, or as provided
for in the agreement between the city and the commercial user, with
provision for both payment in its entirety of the annual amount stated
or by payment of a quarterly statement.
D.
In the event a user fee bill is referred to a collection agency,
the collection agency's charges shall be added to the fees with interest
due and owing.
Unpaid commercial user fees, including interest, costs, administrative
and legal expenses, and collection charges incurred, shall be the
personal liability of the owner and shall also be a lien upon the
real property in connection with which solid waste collection is offered
as and from the due date for services billed and to be offered in
the fiscal year commencing on that date. Notwithstanding any ordinance
or local law to the contrary, this lien shall be superior to any and
all other liens, excepting those for general taxes and local assessments,
and shall have equal priority with liens imposed for water charges,
which lien can be enforced by foreclosure proceedings instituted at
the expiration of one (1) year from the date of the creation of the
lien, in addition to and notwithstanding any and all other remedies
available to the city for the collection of unpaid user fee bills.
The public collection board of appeals shall determine appeals
from the determinations of the commissioner of public works, parks
and streets regarding billing of solid waste user fees.
The Mayor shall appoint five (5) qualified electors of the city
who shall be removable at the pleasure of the Mayor. The Mayor shall
designate from among the members of the public collection board of
appeals the chairperson of the public collection board of appeals,
and may, from time to time, change such designation. The chairperson
of the public collection board of appeals so designated shall be the
head of the public collection board of appeals. The term of appointed
members shall be three years, except that of the members first appointed,
of whom three (3) appointees shall be appointed for a term of three
(3) years, and the remainder of the appointees shall be appointed
for terms of one (1) and two (2) years respectively. Each appointed
member shall serve until that person's successor is appointed and
qualified. Vacancies on the board shall be likewise filled for the
unexpired portion of such term by the Mayor.
[Amended 3-19-2002 by L.L. No. 3-2002, effective 4-19-2002]
The public collection board of appeals shall hear and decide
appeals of any determination by the commissioner billing complaint
regarding the public collection of solid waste. A quorum of not less
than three (3) members of the public collection board of appeals must
be present in order for the board of appeals to make a decision. The
public collection board of appeals may, from time to time, establish
its rules and regulations for its proceedings and procedures. An owner
dissatisfied with the determination of the commissioner shall have
the right to appeal by filing a written notice of appeal with the
public collection board of appeals. The public collection board of
appeals shall conduct appeals at places and times determined by the
board. Upon the presentation of admissible evidence, the public collection
board of appeals shall determine whether the billing decision of the
commissioner was correct. Upon making that determination, the public
collection board of appeals shall also determine the appropriate billing
and direct the city to refund such sums that the public collection
board of appeals determines were overpaid.
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Animal Shelter
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The Buffalo city animal shelter shall be a bureau of the division
of streets.
The Buffalo city animal shelter shall be staffed by a director,
one or more animal control officers, at least one licensed veterinary
technician, at least one clerical employee and one or more kennel
attendants.
The Buffalo city animal shelter shall be responsible for animal
control activities, including but not limited to, retrieving and caring
for stray animals and rodent and other pest control, within the city
of Buffalo.
The Buffalo city animal shelter shall operate an animal adoption
program, including spaying and neutering services for animals adopted
from the shelter.
The director of the Buffalo city animal shelter shall prepare
an annual report for submission to the common council on the number
of unwanted, healthy animals destroyed and including recommendations
concerning measures or programs to reduce animal euthanasia rates.
