There shall be in the City of Hudson a department known as "The
Department of Public Works."
There shall be appointed by the Mayor a Commissioner of Public
Works, who shall be head of the Department of Public Works.
The Commissioner of Public Works shall hold office during the
pleasure of the Mayor.
The appointment of the Commissioner of Public Works shall be
evidenced by a certificate in writing signed by the Mayor and filed
forthwith in the office of the City Clerk.
[Amended 12-18-2007 by L.L. No. 7-2007]
The Commissioner of Public Works shall have the power to appoint
a Superintendent of Public Works and such other subordinates as may
be necessary to exercise the powers and discharge the duties conferred
and imposed upon him by law. The appointment of the Superintendent
and subordinates shall be provisional pending passing of the civil
service examination and shall thereafter be permanent after completion
of a probationary period. In case of the absence or inability of the
Commissioner, or of a vacancy in the office of Commissioner, the Superintendent
of Public Works shall discharge the duties of the Commissioner until
the Commissioner returns, the disability ceases or the vacancy is
filled.
The Commissioner and such other persons as the Commissioner
shall designate, before entering upon the discharge of their duties
of their respective offices, shall each execute and file with the
City Clerk an official undertaking in such sum as may be specified
elsewhere in this Charter.
The Commissioner of Public Works, subject to the provisions
of law, shall have cognizance, direction and control of the construction,
maintenance, alteration, repair, care, cleaning, paving, flagging
and improving of the streets, highways, sidewalks and public places
of the City; of the construction, alteration, extension. maintenance
and repair of all docks and bridges belonging to the City and of all
buildings and appurtenances of the public sewer and water systems;
and of the care, superintendence and management of and improvement
of all parks and grounds belonging to the City, except lands forming
part of the City cemetery. Except as otherwise provided by law, the
Commissioner shall have supervision of control over and jurisdiction
and authority to make all ordinary repairs or improvements upon the
streets, parks, crosswalks, gutters, vaults, drains, culverts, bridges
and public ways and places of the City, including the cleaning, sprinkling,
laying of dust with substances other than water, watering and flushing
of the same, and may employ such laborers, teams and machinery and
incur such expenditures as may be necessary within the limits of the
appropriations made therefor. It shall be his duty to inspect the
same with sufficient frequency to ascertain their condition and cause
the same to be kept free from obstructions and in good condition and
repair and reasonably safe for public use. The Commissioner shall
also have the general supervision and control of all work performed
under any contract of the City for local or other improvements to
be performed within or upon any of the public streets, parks, ways
and places, or with reference to the public works and ways within
the jurisdiction of his department, and shall cause the same to be
performed in full compliance with the provisions of any contract therefor.
In addition to the powers and duties specifically enumerated
herein, the Commissioner of Public Works shall have the same authority,
powers and duties heretofore vested in and held by any previous commission
or commissioner having powers of supervision over the Public Works
Department under this or any previous Charter or local law, except
as otherwise may have been amended.
The Commissioner of Public Works shall have the supervision
of the expenditures of all moneys appropriated to the Department of
Public Works.
The Commissioner of Public Works shall have the authority to
administer oaths and take evidence, affidavits and acknowledgments
in all meetings and proceedings pertaining to the Department. He shall
have the general supervision over the records of the Department and
its officers and employees. He shall possess such other powers and
perform such other duties as may be prescribed by law and all ordinances
and local laws of the Common Council of the City of Hudson.
It shall be the duty of the Commissioner of Public Works to
meet with the Mayor of the City of Hudson, for the purpose of reporting
to him the condition of the Department of Public Works and the conduct
of his office, on the second Tuesday of each month; provided, however,
that in the event the second Tuesday of any month should fall upon
a public holiday, he shall meet with the Mayor on the first day thereafter.
The Commissioner of Public Works shall not have power to extend
any street or highway now open, nor to open or lay out any new street
or highway, nor proceed to construct any such new street or highway,
unless the same shall have been ordered to be laid out or opened by
the Common Council, in which case said Commissioner shall have sole
and exclusive power, and it shall be his duty to forthwith construct
the same.
The Commissioner of Public Works shall have exclusive power
and it shall be his duty to determine and establish the grades of
all streets, squares, places, alleys, lanes and roads of the City,
and the roadways, sidewalks, crosswalks, curbstones, gutters and drains
thereon, and all sewers repaired or constructed under his supervision,
and to call upon the Superintendent of Public Works to make and furnish
any and all surveys, plans and estimates which said Commissioner may
require of him in the performance of any of the duties imposed by
this article. All grades established by said Commissioner shall be
described, and the description of such grades, and of all alterations
thereof, shall be recorded by the Commissioner in a book or books,
to be called "grade books," which shall be preserved in his office.
All surveys and measurements made under his direction, adopted and
acted upon, shall be recorded in detail in books to be called "survey
books," which shall be preserved in his office.
It shall be the duty of the Commissioner of Public Works to
clean the streets of the City and lay the dust thereon, either by
sprinkling with water, flushing or by the use of substances other
than water.
It shall be the duty of the Commissioner of Public Works, and
he shall have power, to determine what, if any, of said highways shall
be rebuilt or repaired, paved or repaved, and the manner in which
such work shall be done and the material to be used for such purpose.
He shall also have exclusive power and it shall be his duty to determine
the methods and materials to be used in building all roadways, sidewalks,
crosswalks, gutters, drains, bridges and culverts in and upon any
highway which may hereafter be opened and laid out by the Common Council,
and to supervise and conduct the building thereof as soon as practicable
after said highways or any of them shall have been opened and laid
out.
The Commissioner of Public Works shall have exclusive power,
and it shall be his duty, to make all excavations necessary in any
of the highways of said City for the purpose of laying, repairing,
removing or replacing any drains and water mains or pipes, or for
any other public purpose whatsoever.
Any board, commission or corporation, public or private, or
any person or persons desiring to have any excavation or excavations
made in any of the highways of the City, shall apply to the Commissioner
of Public Works for that purpose, and the Commissioner may, if he
deems such excavation necessary, issue a permit at such fee as he
may determine to be reasonable. If any property owner fails to perform
a necessary excavation or replace an excavation properly, the Commissioner
of Public Works shall thereupon proceed to have the work done by and
under his direction at a reasonable price to be fixed and charged
therefor by the Commissioner, which shall be the lowest cost of excavating
and refilling and the proper repair and replacing of the roadway above
such excavation, which sum shall be a lien upon the property benefited
by such excavation, and the Commissioner of Public Works may enforce
its collection by appropriate remedies; such lien shall be entitled
to preference over any other liens. In case of the building of public
sewers ordered by the Common Council in and upon any of the highways
of said City, the building thereof, the filling of the excavations
and trenches and the repairing of the roadway over the same shall
be conducted by the Department of Public Works. Any board, commission
or corporation, public or private, or any person or persons who shall
make any excavation or excavations in any of said highways of said
City, except in the manner hereinabove provided, shall be guilty of
a violation punishable as follows: by imprisonment for a term not
exceeding 15 days or by a fine not exceeding $250, or by both such
fine and imprisonment. The continuation of a violation shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder. The City Court shall have jurisdiction to try all such
offenses.
[Added 3-28-2023 by L.L. No. 2-2023[1]]
A.
Establishment of sidewalk improvement districts.
(1)
The City hereby establishes a City-wide sidewalk improvement district
("district" or "SID"). The boundaries of the district shall be the
same as the City of Hudson municipal boundary. All parcels within
the City shall be included in the district with the exception of those
parcels identified as "Parcels Excepted from the City of Hudson Sidewalk
Improvement District" which accompanies in printed format and is hereby
made a part of this section.[2]
[2]
Editor's Note: Said document is on file in the City's offices.
(2)
The Commissioner of Public Works or his or her designee shall prepare,
maintain, and keep current the list of excluded properties in accordance
with amendments made thereon pursuant to action of the Common Council.
B.
Construction or repair of sidewalks in districts.
(1)
The construction or repair of sidewalks as set forth in this section shall be deemed a local public improvement or work, the expense of which shall be assessed in whole or in part upon the property or properties deemed benefited in the manner as set forth in § C22-18C.
(2)
The Public Works Board shall recommend, subject to amendment and approval by the Common Council, a budget and a schedule of sidewalk construction or repair to be performed in the SID as part of the City's budget for each fiscal year; provided, however, that the budget for the first fiscal year following the year of enactment of this section shall be recommended and approved on such schedule as deemed practicable by the Public Works Board or Common Council. The Common Council shall have the authority to include in such budget all or any portion of the cost for past sidewalk construction or repair performed by the City on a property located in and subject to assessments as part of the SID, so long as said cost has not been assessed upon the abutting property owner prior to the effective date of this section. Along with such budget and schedule of work, the Public Works Board shall recommend to the Common Council any adjustments it deems desirable to the assessment formula set forth in Subsection C hereof. Such budget may include the issuing of, and payment of the maturing principal of and interest on, any obligation issued pursuant to the Local Finance Law for the purpose of financing the construction or repair of sidewalks pursuant to this section.
(3)
Before the budget and schedule of work required by Subsection B hereof are given final approval by the Common Council, the City Clerk shall give notice by publication three times in a local newspaper of a public hearing thereon on a date specified, which date shall not be less than 10 days from the first publication. Before the date of public hearing, any person may file with the City Clerk written objections to such budget or schedule of work or any part thereof, which objections shall be presented to the Common Council before action shall be taken on such budget and schedule of work. At the time so appointed or at such other time to which it may adjourn for that purpose, the Common Council may hear the allegations of any person interested who shall have filed such objections and may take proof in relation thereto. Such allegations and proofs shall be confined to the matters stated in such written objections. The Common Council may thereupon alter or correct any assessment as justice may require, finally approve the same and file a schedule thereof with the City Treasurer, the amount of each assessment as derived from the assessment formula shall be a lien upon the real property so assessed. Such assessments and, if required, any reassessments, shall be collected in the manner provided in this Charter and the City Code for the enforcement, levy, and collection of City taxes.
(4)
The Public Works Board or Common Council may include construction
or repair of sidewalk curb cuts and curb accessibility ramps in the
local improvements to be made in a SID. The Public Works Board or
Common Council shall not include construction or repair of driveway
cuts or aprons, which shall remain the financial responsibility of
the abutting property owner.
(5)
The Common Council shall appoint a project manager to oversee the
construction and repair of sidewalks governed by this § C22-18
of the Charter.
(6)
Work performed in the SID pursuant to this section shall be deemed a local improvement, and Common Council declares and finds that the assessment formula in Subsection C assesses each property in each district in proportion to the benefit received by that property from the construction and repair of sidewalks in the SID, and that such assessments are necessary to defray the cost of construction and repair of sidewalk in the SID.
(7)
Nothing herein shall be construed to modify or alter any power of the Common Council, Commissioner of Public Works, or Planning Board to require a property owner to bear the full cost of sidewalk construction or repair as part of the site plan review process pursuant to Ch. 325, Art. VIII of the City Code, regardless of whether said property is located within the SID.
C.
Assessment formula.
(1)
ANNUAL MAINTENANCE FEE
BUILDING SQUARE FOOTAGE
COST OF PAST WORK
DOUBLE-LOW-FOOT-TRAFFIC LOTS
FRONT FEET
LOT
LOT SQUARE FOOTAGE
LOW-FOOT-TRAFFIC LOTS
NONDEVELOPABLE LOTS
PAST WORK
PROPERTY CLASS CODE
SIDEWALK CONSTRUCTION OR REPAIR
SITE CLASS CODE
SLIVER LOTS
VACANT LOTS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The annual maintenance fee for non-developable lots and sliver
lots is $0; for low-foot-traffic residential lots with up to three
family year-round residences it is $100; for residential lots of which
there is no part immediately adjacent to a sidewalk it is $50; and
for all other lots it is $200. "Immediately adjacent" as used herein
shall mean directly touching or bordering.
The total square footage of all buildings on a lot as recorded
by the City Assessor.
The total sum, including labor and materials, actually paid
for past work; provided, however, that none of the following shall
be included:
Those lots with a Property Class Code of 280 or 281, or substantially
identical successor designations, and with two residences that each
have a Site Class Code of 210, 215, 240, 250, or 270; excluding residential
properties with four or more dwelling units.
The length of perimeter, measured in feet, by which a lot
abuts the line of the public street or streets, provided that if a
lot's perimeter along the line of the public street or streets is
bisected such that a portion of the perimeter is within the SID and
a portion of the perimeter is not located within the SID, only that
portion of the perimeter within the SID shall be included, and provided
further that a sliver lot's front feet shall be deemed to be the lesser
of the lot's actual front feet or 110 feet.
Lot or parcel of land, as set forth by the current City of
Hudson Tax Maps on file with the Columbia County Department of Real
Property Services.
The total area of a lot measured in square feet, as recorded
by the City Assessor and set forth on the City of Hudson Tax Maps
on file with the Columbia County Department of Real Property Services,
or as otherwise calculated by that department.
Those lots, qualifying neither as sliver lots nor as non-developable
lots, with a Property Class Code of 210, 215, 220, 240, 250, 270,
311, or 312, or substantially identical successor designations.
Those vacant lots not qualifying as sliver lots with a lot
square footage less than the lowest minimum lot size requirements
for any development under the City of Hudson Zoning Code for the zoning
district in which the lot is located, as certified by the Code Enforcement
Officer or his or her designee pursuant to Subsection C(3) hereof;
provided, however, that if a zoning district has more than one minimum
lot size, the relevant minimum lot size for this purpose shall be
the smallest minimum lot size for that zoning district that is not
subject to adjustments for residency or number of units.
Sidewalk construction or repair performed on a lot located in and subject to assessments as part of the sidewalk improvement district, and permitted by and performed in accordance with the general drawings and specifications established by the Commissioner of Public Works, provided that such work is performed at the cost of the property owner of the lot upon which the work is performed for the sole purpose of performing sidewalk construction and repair, and provided further that work completed as required by a site plan review pursuant to Ch. 325, Art. VIII of the City Code is excluded.
The property type classification code, as defined by the
New York State Office of Real Property Services in the Assessors'
Manual, or such other substantially similar documentation later produced
by that office, assigned to a lot by the Columbia County Department
of Real Property Services, as may be updated by that department from
time to time.
Construction or repair of any public sidewalk or footpath
intended for the use of pedestrians in a City park or approximately
following along the line of the public street or streets upon which
the lot fronts, including but not limited to sidewalk curb cuts and
curb accessibility ramps, and other actions determined by the Public
Works Board or Common Council to be necessary to the construction
or repair of said sidewalk or footpath, including, but not limited
to, any paving, earth work, drainage, and appurtenances; provided,
however, that the construction or repair of driveway cuts or aprons
is excluded.
The property type classification code, as defined by the
New York State Office of Real Property Services in the Assessors'
Manual, or such other substantially similar documentation later produced
by that office, assigned to each residence on a lot with more than
one residence by the Columbia County Department of Real Property Services,
as may be updated by that department from time to time.
Those vacant lots with a lot square footage equal to 2,000
square feet or less.
Those lots with a Property Class Code between 300 and 399,
or substantially identical successor designations.
(2)
Each lot in the SID shall be annually assessed for work to be performed
in the district as follows: annual maintenance fee plus frontage fee
less past work reduction.
(a)
Square footage fee. The square footage fee for all low-foot-traffic
lots, double-low-foot-traffic lots, and residential lots which are
not immediately adjacent to a sidewalk shall be $0. For all other
lots, the lot's square footage fee shall be equal to the lot's building
square footage times $0.015.
(b)
Frontage fee. The frontage fee for all low-foot-traffic lots,
double-low-foot-traffic lots, and residential lots which are not immediately
adjacent to a sidewalk shall be $0. For all other lots, the frontage
fee shall be $30 for each 55 feet of front feet or portion thereof.
(c)
Past work reduction. A lot's assessment under this section shall
be reduced as set forth herein.
[1]
A lot is eligible for a reduction for the cost of past work
for 10 years from the date the past work was substantially completed
(reduction period). In each year of the reduction period for which
an assessment, if any, is made pursuant to this section, the lot's
past work reduction shall be an amount equal to 1/10 of the cost of
past work. Should the allowable reduction for the cost of past work
be greater than a lot's assessment under this section in any given
year, the lot owner shall not be entitled to the difference, and the
difference shall not apply to the assessment for any other year.
[2]
The lot owner must provide sufficient evidence to the Commissioner
of Public Works or his or her designee of the nature and location
of the past work performed, the cost of the past work, and the date
the past work was substantially completed. Such evidence must be provided
no later than May 1 of the year preceding the fiscal year for which
the owner seeks a past work reduction; provided, however, that in
the first fiscal year following the year of enactment of this section,
such proof must be provided no later than the deadline, if any, established
by the Public Works Board, and if no such deadline is established,
such proof must be provided no later than February 1 of that fiscal
year. If the request is approved by the Commissioner of Public Works
or his or her designee, the past work reduction shall automatically
recur in each remaining year of the reduction period. If the request
is denied, a written basis for the determination under this subsection
(Commissioner's determination) must be provided to the lot owner.
Within 30 days of the Commissioner's determination the lot owner may
appeal the determination of the Commissioner of Public Works to the
Public Works Board at an open meeting thereafter. Any such appeal
must be submitted in writing to the Public Works Board which must
include a copy of the determination from which the lot owner appeals.
[3]
Certification of non-developable lots. The owner of a lot may file an application with the Code Enforcement Officer or his or her designee to have the lot certified as a non-developable lot. Such applications must be filed no later than the deadline for providing evidence for a past work reduction pursuant to Subsection C(2)(c)[2] above. Such certification shall be granted only to those lots not qualifying as sliver lots with a lot square footage less than the minimum lot size required for development by the City of Hudson Zoning Code for the zoning district in which the lot is located at the time of application. Once granted, the certification shall continue to be in effect for the lot, regardless of subsequent changes in ownership, until the end of the fiscal year during which the lot square footage increases for any reason to an amount in excess of the minimum lot size required for development; or the minimum lot size for development, as may be revised or amended from time to time, in the zoning district in which the lot is located, is reduced to an amount equal to or lesser than the lot square footage. The owner of a lot that has received a certification pursuant to this provision shall notify the Code Enforcement Officer or his or her designee of any change in the lot square footage. Upon notification that there has been a change in lot square footage for a lot which previously received a certification pursuant to this provision, the Code Enforcement Officer shall review the change in lot square footage and determine if the lot continues to qualify for certification as a non-developable lot. If the Code Enforcement Officer determines that the lot no longer qualifies for certification under this provision, said certification shall be revoked and all applicable fees and assessments provided hereunder shall be reinstated.
(d)
Waiver. Qualifying property owners as defined in Subsection
C(2)(d)(1) below are eligible to receive a waiver from a qualifying
lot's as defined in Subsection C(2)(d)(2) below assessment under this
section.
[1]
"Qualifying property owner" shall mean the following classification
of individuals:
[a]
A veteran, the spouse of a veteran or the un-remarried
surviving spouse of a veteran. As used herein, the term "veteran"
shall have the same meaning as set forth in New York State Real Property
Tax Law Section 458-a(e) and as "Cold War veteran" as defined in New
York State Real Property Tax Law Section 458-b(a).
[b]
An enrolled member of an incorporated volunteer
fire company or fire department servicing the City of Hudson, including
a) the spouse of an enrolled member of an incorporated volunteer fire
company or fire department servicing the City of Hudson or b) the
parent of an enrolled member of an incorporated volunteer fire company
or fire department servicing the City of Hudson. For the purpose of
this section, an enrolled member shall require a minimum of two years'
service with the incorporated volunteer fire company or fire department
to qualify for a waiver to a lot's assessment.
[2]
Qualifying lot. Lots which qualify for a waiver under Subsection C(2)(d) shall be 1) the primary residence of the applicant, in the case of a qualifying property owner under Subsection C(2)(d)[1][b] the qualifying lot shall be the primary residence of the enrolled member, and 2) be used exclusively as a single-family residence. The provisions of this section shall apply to any lot held in trust solely for the benefit of a person or persons who would otherwise be eligible for a waiver pursuant to this section were such persons or persons the owner or owners of such lot.
[3]
Application required. To be eligible for a waiver under Subsection C(2)(d) qualifying property owners must file an application for waiver along with all required supporting documentation with the Office of the City Assessor on or before March 1. Waivers under this section are valid for one year. Qualifying property owners must file an application for waiver each year the property owner seeks a waiver of the lot's assessment.
[4]
Supporting documentation. The Public Works Board in consultation
with the City Assessor's Office shall determine the documentation
required to support applications for waivers under this section.
D.
Appeals and reassessments.
(1)
No action or proceeding to set aside, vacate, cancel, or annul any
assessment for a local improvement shall be maintained, except for
total want of jurisdiction to levy and assess the same on the part
of the officer, officers, board, or body authorized by law to make
such levy or assessment or to order the improvement on account of
which the levy or assessment was made.
(2)
No action or proceedings shall be maintained to modify or reduce
any assessment for a local improvement, except for fraud or substantial
error by reason of which the amount of such assessment is in substantial
excess of the amount which should have been lawfully levied or assessed.
(3)
Any person or persons, jointly or severally, aggrieved by any determination
of assessment for a local improvement pursuant to this section may
have the decision reviewed by the Supreme Court of New York in the
manner provided by Article 78 of the Civil Practice Law and Rules.
(4)
Whenever any assessments made under the provisions of this section
shall be set aside or shall be decided by any court having jurisdiction
thereof to have been improperly or illegally made or whenever it shall
be ascertained that the proceedings under which said assessment has
been made shall have been so far irregular and erroneous as to make
the collection of such assessment illegal, then a reassessment shall
be made with the same force and effect as if it had been an original
assessment.
E.
Public Works Board. There is hereby created in the City of Hudson
a Public Works Board that shall be composed and vested with such powers
as herein set forth.
(1)
The Board shall consist of five members:
(a)
The Commissioner of the Department of Public Works;
(b)
The City of Hudson ADA Coordinator;
(c)
A member of the Common Council who shall be appointed by the
President of the Common Council and who shall serve at the Council's
pleasure.
(d)
A member of the community appointed by the Common Council who
shall serve at the Council's pleasure.
(e)
The Mayor shall appoint one member of the Board who shall serve
at the Mayor's pleasure.
(3)
Vacancy. If a vacancy shall occur other than by expiration of term, then the appointing authority as set forth in Subsection E(1) herein shall appoint a new member who shall serve for the remainder of the unexpired term.
(4)
Chairperson. The Common Council shall appoint one member of the Public
Works Board to serve as Chairperson. The Chairperson shall serve a
one-year term subject to reappointment by the Common Council on an
annual basis. In the absence of a Chairperson, the Public Works Board
may designate a member to serve as Chairperson until such time as
one is appointed by the Common Council. All meetings of the Public
Works Board shall be held at the call of the Chairperson and at such
other times as such Board may determine. Such Chairperson, or, in
his or her absence, the Acting Chairperson, may administer oaths and
compel the attendance of witnesses.
(5)
The Board is hereby empowered, subject to the direction and review
of the Common Council, to:
(a)
Prepare, recommend, and present to the Common Council a budget for the construction or repair of sidewalks as set forth in Subsection B herein.
(b)
Review the sidewalk inventory of the City of Hudson and set
a schedule of order of priority for repairs and construction which
shall be reviewed on at least an annual basis.
(c)
Establish rules of procedures relative to hearing of appeals permitted under Subsection C(2)(c) herein.
(d)
Hear and decide appeals as set forth in Subsection C(2)(c) herein. In so deciding, the Board uphold the Commissioner's determination, reverse the Commissioner's determination, or modify the Commissioner's determination.
(e)
Recommend to the Common Council a project manager to oversee
the construction and repair of sidewalks governed by this article.
Any such project manager shall be subject to appointment by the Common
Council at a salary or compensation to be fixed by the Common Council.
(f)
Report to the Common Council the status of construction and
repairs performed pursuant to § C22-18.1 of the Charter.
F.
Duties of owner. Nothing herein shall modify or abolish the duty
of the owner of lands abutting any street, highway, alley or other
public place in the City to keep the sidewalks, approaches or street
driveways adjoining such lands free and clear of and from snow, ice
and all other obstructions, nor shall anything herein modify or abolish
the liability of such owner for any injury or damage caused by reason
of omission, failure or negligence to keep such sidewalk free from
snow, ice or other obstructions as set forth in § C34-3
of the Charter.
A.
The Commissioner of Public Works shall have power to require the
owner or occupant of any lot or lots to make, lay, relay, repair,
grade and regrade the sidewalk in front of, in the rear of or on the
side of said lot or lots, and to curb and gutter adjoining the sidewalk,
or to construct a culvert under the same, or to reset the curbstone,
and relay the gutter and reconstruct the culvert, all with such material
as he may prescribe therefor, under the direction of and on a grade
to be established by said Commissioner, within a time to be fixed
by him, which time shall not be less than 30 days from the time of
the service of the copy of the notice upon such owner, agent, occupant
or person in possession. The Commissioner of Public Works shall cause
to be served, at least 30 days before the expiration of the time so
specified for such work to be done, upon the owners of the lands adjoining
such sidewalks, curbstones, gutter or culvert, so to be made as aforesaid,
a copy of such notice, with a notice that if the same is not done
within the specified time by the owner of the adjoining land, it will
be done by the Department of Public Works at the expense of such owner.
It shall be the duty of the owner or owners of such property or properties
to obtain a permit from the Department of Public Works prior to doing
any work required by this section. Work started without such permit
may be stopped by the Department of Public Works until such permit
is obtained. Any person violating such a stop order and/or failing
to obtain a permit shall be guilty of a violation punishable as follows:
by imprisonment for a term not exceeding 15 days or by a fine not
exceeding $250, or by both such fine and imprisonment. The continuation
of a violation shall constitute, for each day the offense is continued,
a separate and distinct offense hereunder. The City Court shall have
jurisdiction to try all such offenses.
B.
Such notice and all notices in this section mentioned may be served
upon such owner or owners, whether he be a resident or nonresident,
in any of the following ways, namely:
(1)
By delivering a copy thereof to the owner personally; or
(2)
By delivering a copy thereof to some member of his family of
a suitable age and discretion; or
(3)
By delivering a copy thereof to any person of suitable age and
discretion residing with him; or
(4)
By delivering a copy thereof to his agent having charge of such
property; or
(5)
By delivering a copy thereof to any occupant of such property
of suitable age and discretion; or
(6)
By depositing a copy thereof in the post office at Hudson, New
York, securely closed in an envelope with the postage prepaid thereon,
directed to such owner at his last known place of residence; or
(7)
By affixing a copy thereof upon a conspicuous part of the premises.
C.
An error in or the omission of the name of any owner or owners of
the abutting property shall not vitiate or impair any proceeding or
act under this section, provided service of such notice has been made
in any of the ways hereinbefore authorized. The officer making such
service shall, in his affidavit of service, specify the mode of service
employed by him. The Commissioner of Public Works shall also, at least
20 days before the expiration of the time specified for such work
to be done, cause a copy of such notice to be published at least once
in the official paper or papers of said City. If there be two or more
owners of any piece of property, service upon one of them shall be
sufficient. Affidavits of the publication and service of such notice
may be filed or recorded, or both, in the office of the Clerk of said
City, and the affidavits, or the record thereof, or a certified copy
of either, shall, in all courts and places, actions and proceedings,
be prima facie evidence of the facts therein stated.
D.
In case any such improvement, act or thing so required shall not
be made, done or completed as required within the time specified,
the Commissioner of Public Works shall have the power to make, do
or complete or contract to complete the same at a cost not exceeding
the actual cost of labor and material for such proposed improvement,
to which may be added not to exceed 10% thereof to cover the cost
of the service and publication of the notice, as provided by this
section, and such other expense as the City may incur in making the
proposed improvement.
E.
All City expenses in performing improvements, acts or things required
to be made, done or completed by this section shall be a lien upon
the property benefited by such improvements, acts or things, and the
Commissioner may enforce its collection by appropriate remedies.
F.
Those provisions of this § C22-18.1 compelling owner construction or repair of sidewalks shall not apply to lots or parcels included in the City of Hudson Sidewalk Improvement District and subject to an assessment for work performed in that District pursuant to § C22-18 of the Charter; provided, however, that should a court of competent jurisdiction hold, or the City so concede, that § C22-18 of the Charter in its entirety is invalid or unconstitutional, or that any particular property within the Sidewalk Improvement District not be subject to Sidewalk Improvement District assessments pursuant to § C22-18 shall be subject to the provisions regarding sidewalk construction or repair set forth in this § C22-18.1.
[Added 3-28-2023 by L.L. No. 2-2023]
The Commissioner of Public Works shall have power and it shall
be his duty to regulate the setting and location of telegraph, telephone
and electric light and power poles, gasoline tanks and pumps, tie
posts and horse blocks, and to remove them or any of them summarily
if, in his judgment, they interfere with the safe and full use of
the highway by the public, and in case the owner or owners, after
reasonable notice, refuse to remove them or change their location.
All City expenses incurred in performing such removals shall be a
lien upon the property upon which such removals are made, and the
Commissioner of Public Works may enforce its collection by appropriate
remedies.
In addition to other powers conferred upon him by law, the Commissioner
of Public Works of the City of Hudson is hereby empowered to prohibit
or regulate, to restrict, locate or relocate the placing or maintenance
of tanks, containers, pumps and similar appliances for the storage
and distribution of gasoline or other motor fuel and to prohibit or
regulate the placing or maintenance of air towers for the storage
and distribution of compressed air, within the boundaries of any public
highway or place in the City, or beneath the surface of any such public
highway or place; to remove existing tanks, containers, air towers
and appliances heretofore placed in any such public highway or place,
or such as may be so placed pursuant to this Charter; and for the
purposes of revenue or regulation, the Common Council may require
license fees, bonds, permits or other consents for the maintenance
and operation of all such tanks, containers, air towers, pumps and
similar appliances as are or may be placed as aforesaid, and may adopt
an ordinance, ordinances, local law or local laws carrying into effect
the powers granted to the Commissioner of Public Works by this or
any other provision of law and may provide for the enforcement of
such ordinance, ordinances, local law or local laws by prescribing
penalties for violations thereof.
The Commissioner of Public Works shall have power and it shall
be his duty to erect and keep firmly in the ground all signs, posts,
parking meter posts, stanchions, frames, fence posts and fences on
the streets, sidewalks and alleys as may be required for the purpose
of City use, and shall maintain and keep in proper repair and/or replace
all street name signs as conditions warrant.
The Commissioner of Public Works shall also have power, and
it shall be his duty, to regulate and control the planting and setting
out of trees and shrubs in and upon the highways, streets, sidewalks
and all other public places of the City, except cemetery lands, and
to inspect and ascertain the condition of such trees and shrubs so
planted. If, in his sole judgment, any such tree or shrub shall have
become unsightly, detrimental to or destructive of any highway, street,
sidewalk or public place, or shall interfere with, impede or prevent
the safe or full use thereof by the public, the Commissioner shall
notify the owner of the property abutting the place upon which such
tree or shrub stands or stood to remove the same or the stump thereof,
or otherwise prune such tree or shrub, within such period of time,
not to exceed 30 days, from the date of such notice as the Commissioner
shall prescribe. In the event that such owner shall fail, refuse or
neglect so to do, the Commissioner shall have the power forthwith
to cause such tree, shrub or stump to be pruned or removed and all
City expenses incurred in performing such pruning or removal shall
be a lien upon the property upon which such pruning is made, and the
Commissioner of Public Works may enforce its collection by appropriate
remedies. The trunk, trunks, shoots or stump of any tree or shrub
directed to be removed under the provisions of this section or any
other provision of law shall be severed at or below ground level or
grade only and no part thereof shall be permitted to protrude above
such level or grade. For the purposes of this section, any tree or
shrub which overhangs any highway, street, sidewalk or public place
in such a way as to impede or interfere with traffic or travel thereon
or which obstructs any street lamp or traffic light or sign or interferes
therewith shall be deemed to have been planted or set out in and upon
such public ways and places.
The Commissioner of Public Works shall have power, and it shall
be his duty, to make proper rules and regulations for the use of the
City water, and to provide for the protection and preservation of
the waterworks and all property connected therewith, and to enact
proper penalties, not exceeding $250 for each offense, for the violation
of any such rules or regulations. A summary of such rules and regulations
shall be published once in the official paper and such publication
shall be notice thereof to all persons. Such rules and regulations
may be enforced and such penalties be collected with costs by said
Commissioner in his name, in either the Supreme Court, the County
Court of Columbia County or the City Court created by this Charter,
and the observance of such rules and regulations may also be enforced
by cutting off the use and supply of water from any person violating
the use of them, or either of them.
Said Commissioner of Public Works may establish a scale of annual
rents or fix the sum or sums of money to be paid by any person, firm
or corporation within the limits of said City of Hudson that may be
permitted by said Commissioner to use the City water. Said Commissioner
shall report all such leases and all sums so fixed by monthly reports
to the City Treasurer, who shall collect such rents and sums of money
fixed or agreed upon for the use of said water. The Commissioner shall
also have power and authority to establish a scale of annual rents
or fix a sum or sums of money or consideration to be paid by any person,
firm or corporation without the limits of said City that may be permitted
by said Commissioner to use said water for any purpose, and said Commissioner
is hereby empowered to permit the use of said water by such persons,
firms or corporations as in his discretion may seem best in the interests
of said City; provided, however, that no agreement or contract shall
be entered into for the use of said water which shall extend for a
period of greater than five years, but the City shall not in any event
be liable for damages, or otherwise, to any such persons, firms or
corporations for any damages resulting to any of them either from
a diminution or failure of the amount of water supply or from any
pollution or impurity of the same, or from any leakage or defect in
the system of reservoirs, pipes and mains supplying said water. The
Commissioner of Public Works shall at all times have the right as
against any such person, firm or corporation, without liability on
his part, to shut off the supply of water whenever and for so long
a time as in his judgment may be necessary. Said Commissioner shall
report all such leases and all sums so fixed by monthly reports to
the City Treasurer, who shall collect such rents and sums of money
fixed or agreed upon for the use of said water without the limits
of said City.
A.
All moneys received from the sale of water shall be used in paying
the expense of maintaining the water system, and any surplus remaining
shall be applied to the payment upon maturity of any outstanding water
improvement bonds of the City. When all of such bonds shall have been
paid and discharged, then such surplus shall be placed by the City
Treasurer to the credit of a fund to be known as the "Water Rent Fund,"
which shall be used when required for the improvement, extension,
enlargement, repair or replacement of the water supply system. Until
such fund, or any part thereof, shall be required for any of the purposes
herein stated, the City Treasurer shall invest the same in such securities
as the savings banks of this state are by law permitted to invest
in, and the income therefrom shall be added to and become a part of
such fund. The purpose of this section, among other things, is to
provide a perpetual fund for water supply purposes.
B.
The City Treasurer shall annually report to the Common Council, under
oath, the amount standing to the credit of such sinking fund. The
Common Council may at any time require the City Treasurer to furnish
a bond, additional to that hereinbefore provided for, with sufficient
sureties and in an amount to be approved by the Common Council, conditioned
for the care, preservation and security of the Water Rent Fund, and
of any securities purchased under the provisions of this section,
and the City Treasurer shall at any time upon the request of the Mayor,
City Judge, Commissioner of Public Works or members of the Common
Council, or any of them, exhibit to them, or any of them, the securities
held by him under the provisions of this section, and give them, or
any of them, full opportunity to examine the same.
[Added 5-18-1976 by L.L. No. 5-1976]
In addition to other powers conferred upon him by law, the Commissioner
of Public Works is hereby empowered to regulate the routine operation
and maintenance of the mass-transit facilities and to enter into leases
for the rental of buses owned by the City at hourly rates as adopted
by the Common Council.
