[Amended by L.L. No. 1-1936; L.L. No. 1-1940; L.L. No. 3-1953; L.L. No. 1-1995; 11-23-2021 by L.L. No. 2-10-2021]
The Commissioner of Public Works shall be the head of the Department
of Public Works. He shall appoint, to hold office during his pleasure,
except as otherwise provided by law, a Deputy Commissioner of Public
Works, a City Engineer, and such other subordinates as may be prescribed
by the Board of Estimate and Contract. Either the Commissioner of
Public Works or the Deputy Commissioner of Public Works may be a civil
engineer who is a licensed professional engineer in the State of New
York. The Commissioner of Public Works shall define the duties of
the Deputy Commissioner, and may delegate to him any of his powers
except that of appointment and transfer. In the event of the absence
or disability of the Commissioner of Public Works, or of a vacancy
in the office the Deputy shall discharge the duties of the office
until the Commissioner of Public Works returns, his disability ceases
or the vacancy is filled, as the case may be. The Commissioner of
Public Works shall delegate any duties requiring the practice of engineering
to the City Engineer.
[Formerly § 106, amended by L.L.
No. 4-1934; renumbered by L.L. No. 1-1940; L.L. No. 3-1953; L.L. No. 1-1972]
The Commissioner of Public Works, subject to the provisions
of law and ordinances of the City Council, has cognizance, direction,
and control of the construction, maintenance, alteration, repair,
care, cleaning, paving, flagging, lighting and improving of the streets,
highways, sidewalks, and public places of the City; of the preservation
and care of shade trees, shrubs and flowers in all public parks, streets,
avenues and public places of the City; of the construction, alteration
and repair of all City buildings, except schools, and of all docks
and bridges belonging to the City; of all public sewers and drains
in the City; of the care, superintendence, management and improvement
of all parks and thoroughfares belonging to the City, except the Memorial
Field and the playgrounds of the City, which shall be under the care,
control, management and supervision of the Recreation Commission.
Except as otherwise provided by law, the Commissioner shall have the
supervision of, control over, and jurisdiction and authority to make
all ordinary repairs or improvements upon the streets, parks, sidewalks,
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 collection and disposal of refuse, and may employ such
laborers and teams 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 general supervision and control of
all work performed under any contract of the City for local or other
improvements to be performed with 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, including the lighting,
sprinkling, laying of dust with substances other than water, watering
or flushing of the streets or public places, and shall cause the same
to be performed in full compliance with the provisions of any contract
therefor. Except as otherwise provided by law or ordinance of the
City Council, the Commissioner of Public Works has, over the streets
and public places within the City, all the jurisdiction, and is charged
with all the duties of the Commissioners of highways within the towns
of the state.
The Commissioner of Public Works is hereby authorized and empowered
to make such rules and regulations with respect to the several bureaus
within his jurisdiction and control as may be necessary to secure
the intent and purpose of this chapter and the proper exercise of
his powers and performance of his duties hereunder.
[Added by L.L. No. 2-1929; amended by L.L. No.
3-1942; L.L. No.
2-1962; L.L. No.
5-1962; L.L. No.
3-1964; L.L. No.
2-1970; L.L. No.
1-1972; L.L. No.
7-1980; L.L. No. 1-1981; L.L. No. 1-1986; 8-9-2023]
The Commissioner of Public Works shall have the power to enter
upon property, both public and private, and to remove accumulations
of rubbish and deleterious matter therefrom, to fill in depressions
where water is likely to gather and stagnate, and to abate any other
conditions creating or tending to create a condition detrimental to
the health, safety and general welfare of the immediate neighborhood
or the public at large. Where the owner of property upon which any
accumulations of rubbish and deleterious matter or depression or condition
detrimental to health, safety and general welfare exists shall fail
to abate, remove or fill in the same within five days after written
notice so to do has been served upon him either personally or by delivering
the same at his last known place of residence, or if he be a nonresident,
by mailing the same to him at his last known place of residence, or
if the name of the owner or his place of residence cannot be ascertained
after due diligence, by posting the same in a conspicuous place upon
the premises, the Commissioner of Public Works shall impose a fine/penalty
of no less than $500.00 and not more than $3,000.00 for each violation
and/or have said rubbish and deleterious matter removed and depressions
filled in and conditions abated, either by the Department of Public
Works or by hiring a private contractor, subject, however, to the
laws pertaining to public bidding. In the event that the Department
of Public Works is so employed, it shall, upon completion of the work
of such removal, filling in or abatement, send to the owner of the
property upon which said work has been done whose name appears on
the last assessment roll, a bill for the value of the work done and
the expense incurred. In the event that the Commissioner of Public
Works hires a private contractor to do such work, a bill for the actual
amount charged by the said private contractor for the work shall be
sent to such owner. Such bill shall be presented to the owner personally,
or by certified mail, return receipt requested, or by leaving the
same at his residence, or, if the owner be a nonresident, by sending
by certified mail the same to him at his last known place of residence
or, if the name of such owner or his place of residence cannot be
ascertained after due diligence, by posting the same in a conspicuous
place on the premises, which bill shall be paid by such owner to the
Comptroller and, if he shall fail to pay the same within 10 days thereafter,
the Commissioner of Public Works shall certify such expense to the
City Council of the City of Mount Vernon, and such amount, if not
paid, shall thereupon be chargeable and become a lien upon the lot
or premises where such rubbish, deleterious matter, depression or
condition existed, and shall be levied, corrected, enforced and collected
in the same manner, by the same proceeding and under the same penalties
as an assessment for a public improvement. In all cases where the
Commissioner of Public Works certifies expenses to the City Council
pursuant to the foregoing provision of this section, he shall simultaneously
transmit to the Comptroller a duplicate original of such certification
and the Comptroller shall upon receipt thereof forthwith docket the
amount of such expense in the tax rolls against the real property
affected with a notation "Assessment pending pursuant to § 105-b
of the City Charter."
The foregoing provisions of this section shall include, but
not be limited to, conditions where there shall be growing on any
property any ragweed or other species of weed, plant or growth which
is noxious or detrimental to the public health, or the seed, pollen
or other emanation whereof, when carried through the air or otherwise
dispersed, is noxious or detrimental to the public health.
[Formerly § 107, amended by L.L.
No. 4-1934; renumbered by L.L. No.
1-1940; L.L. No. 3-1953; L.L. No. 2-1954; L.L. No. 25-1961]
The Commissioner of Public Works shall have full power and authority
to require the owner of property abutting upon a street to repair
any sidewalk in front thereof or bring the same to true grade and
to remove the snow and ice therefrom. Where the owner of such property
shall fail or neglect to repair any sidewalk or bring the same to
true grade for 30 days after written notice so to do has been served
on him, either personally or by certified mail, return receipt requested,
or by delivering same at his residence, or if the name of the owner
or his place of residence cannot be ascertained after due diligence,
by posting the same in a conspicuous place upon the premises; or where
the owner of any such premises shall fail or neglect to remove snow
and ice from any such sidewalk, after the same has remained thereon
for more than 12 hours, and the Commissioner shall have repaired such
sidewalk or brought the same to grade or removed the ice and snow
therefrom, a bill for the expenses incurred thereby shall be presented
to the owner personally, or by certified mail, return receipt requested,
or by leaving the same at his residence or, if he be a nonresident,
by mailing the same to him at his last known place of residence, or,
if the name of such owner or his place of residence cannot be ascertained
after due diligence, by posting the same in a conspicuous place on
the premises, and, if he shall fail to pay the same within 10 days
thereafter, the Commissioner shall file each year immediately preceding
the time for making the annual assessment roll his certificate of
the actual cost of the work, together with a statement as to the property
in front of which the repairing or grading or cleaning was done, with
the Commissioner of Assessment and Taxation of the City, who shall,
in the preparation of the next assessment roll of general City taxes,
assess such amount upon such property and the same shall be levied,
corrected, enforced and collected in the same manner, by the same
proceedings, at the same time, under the same penalties and having
the same lien upon the property assessed as the general City tax and
as a part thereof.
[Formerly § 108, amended and renumbered by L.L. No. 1-1940; L.L. No.
3-1953; L.L. No. 1-1972]
All public work performed pursuant to contract under the supervision
or control of the Commissioner shall, before it is accepted, be certified
to by him to the effect that such work has been performed in a good
and substantial manner with the materials required, of the quality
and in the manner directed by the terms of the contract under which
the same was done. Within 10 days after the completion of any such
work the Commissioner shall file a certificate of such completion
with the Comptroller and with the City Clerk, to be reported by him
to the City Council. Such certificate shall state in substance that
said work has been duly examined by the Commissioner and that the
same has been fully performed and completed in accordance with the
terms of the contract therefor.
[Added by L.L. No. 1-1940; amended by L.L. No.
3-1953; L.L. No.
1-1972]
There shall be in the Department of Public Works a Bureau of
Highways and Sanitation, a Bureau of Motor Vehicle Control, a Bureau
of Engineering, a Bureau of Parks and such other bureaus as may be
authorized by the City Council. The Commissioner of Public Works shall
be head of all bureaus in the Department of Public Works. The Deputy
Commissioner of Public Works shall have general charge and supervision
of the Bureau of Highways and Sanitation. The Commissioner may appoint
such other subordinates in the respective Bureaus in the Department
as may be prescribed by the Board of Estimate and Contract. The Commissioner
may assign to each Bureau such employees in the Department of Public
Works, other than those designated herein or by the Board of Estimate
and Contract, as he deems necessary for the proper functioning thereof,
unless otherwise prescribed by law.
[Added by L.L. No. 1-1940; amended by L.L. No.
3-1953; L.L. No.
1-1972]
Except as otherwise provided by statute, and subject to the
provisions of law and ordinances of the City Council the Bureau of
Highways and Sanitation shall have jurisdiction, charge and control:
1. Over the location, construction, maintenance, alteration, repair,
care, paving, flagging, lighting and improving of the streets, highways,
sidewalks, crosswalks, gutters, vaults, drains, culverts and public
places of the City;
2. Over the sweeping, cleaning, sprinkling, flushing, washing, sanding
and otherwise laying of dust with substances other than water of the
City streets and highways;
3. Over the construction, alteration, repair and maintenance of docks
and bridges belonging to the City;
4. Over the location, construction, alteration, repair, maintenance
and operation of all drains, intercepting sewers and sewage disposal
plants of the City;
5. Over the removal and disposition of ashes, street sweepings, garbage,
refuse, rubbish, night soil and offal;
6. Over the removal of ice and snow from the highways;
7. Over the operation, maintenance and use of incinerators or other
plants or equipment for the destruction or disposition of ashes, street
sweepings, garbage, refuse, rubbish, dead animals, night soil and
offal.
[Formerly § 111, added by L.L.
No. 1-1940; renumbered and amended by L.L. No. 3-1953; L.L. No. 1-1972]
Except as otherwise provided by statute, and subject to the
provisions of law and ordinances of the City Council, the Bureau of
Motor Vehicle Control shall have jurisdiction, cognizance, direction
and control as follows:
1. Of the repair, maintenance, fueling and servicing of all rolling
stock and vehicles, whether motor-driven or otherwise, owned by the
City of Mount Vernon, except, however, the fire-fighting equipment
upon fire apparatus.
2. Of the storage and parking when not in actual use of all rolling
stock and vehicles, whether motor-driven or otherwise, owned by the
City of Mount Vernon, except the apparatus and equipment used by the
Fire Department of said City, unless otherwise agreed upon between
the Commissioner of Public Works and the Fire Commissioner.
3. Of the designation and assignment for use by the various departments,
bureaus, officers and employees of the City of all such rolling stock
and vehicles except the apparatus, equipment, vehicles, motorcycles
and other rolling stock used by the Department of Public Safety and
the Fire Department of said City.
|
The Commissioner of Public Works, in respect to all matters,
the jurisdiction, charge and control whereof is vested in him by the
provisions of this section, shall have all the functions, powers and
duties in respect thereto now vested in or imposed upon any department,
bureau or officer of the City, and such functions, powers and duties
are hereby transferred to the Commissioner of Public Works as head
of said Bureau of Motor Vehicle Control and shall be exercised and
performed by him.
|
|
The assignment or transfer, however, shall not operate to divest
the Board of Estimate and Contract of any power or duty in respect
to such matters now vested therein by law, except as expressly provided
by this section.
|
|
The provisions of this section shall have no application to
the rolling stock and vehicles of the Board of Water Supply of the
City of Mount Vernon or the Board of Education of said City.
|
[Formerly § 112, added by L.L. No. 1-1940; renumbered and amended
by L.L. No. 3-1953; L.L. No. 1-1972]
Except as otherwise provided by statute, and subject to the
provisions of law and ordinances of the City Council, the Bureau of
Engineering shall have jurisdiction over land surveying, making borings,
drafting, designing, preparation of maps, diagrams and profiles, the
preparation of plans and specifications for, and the evaluation and
inspection of the construction, alteration and repair of public works,
other than buildings, paid for in whole or in part by the City, and
such other work performed by or on behalf of the City or under the
supervision of the Commissioner of Public Works requiring the application
of engineering principles and data.
[Formerly § 113, added by L.L. No. 1-1940; renumbered and amended
by L.L. No. 3-1953; L.L. No. 1-1972; L.L. No. 1-1992]
Except as otherwise provided by statute, and subject to the
provisions of law and the ordinances of the City Council, the Bureau
of Parks shall have the care and maintenance, superintendence, management
and improvement of parks, including benches, drinking fountains, buildings
and structures therein, belonging to the City; and of the planting,
preservation and care of shade trees, shrubs and flowers in all public
parks, recreation facilities, streets, avenues and public places of
the City.
The Bureau of Parks shall also have the care and maintenance
of the City's recreation facilities, including Memorial Field, and
all parks, playgrounds, athletic fields, recreations centers and the
buildings, structures, parking lots, equipment and appurtenances located
therein. The Commissioner of Recreation, however, shall have the superintendence,
management and improvement of the aforementioned recreation facilities
and any buildings, structures, parking lots, equipment and appurtenances
located therein.
[Formerly § 113-a, added by L.L. No. 1-1940; renumbered and amended
by L.L. No. 3-1953]
For the purposes of this chapter the term "intercepting sewer"
shall mean a sewer, the principal purpose whereof is the interception
from other sewers and conveyance of sewage to other sewage systems
and/or treatment plants. In case of doubt, the Commissioner of Public
Works shall determine whether a sewer is an intercepting sewer.
Any provision in any law, ordinance, rule, regulation, contract,
grant or other document relating to the subject matter of the power
or duties provided in this chapter and applicable to an officer, board,
bureau or department, formerly exercising such powers and duties,
shall apply to the officer, board, bureau or department to which such
powers and duties are assigned by this chapter.
[Added 2-9-2022 by L.L. No. 2-2022]
(1) Purpose; authority. Pursuant to Article 14-F of the New York State General Municipal Law, there is hereby established and imposed, a plan of sewer rents (sewer sustainability fee) applicable to the City of Mount Vernon's ("City") sanitary sewer system. Such plan shall consist of annual charges against properties that utilize the City's sewers. The annual sewer rents as provided for in this chapter and as set forth in Part II: General Legislation, Section 126: Fees and Deposits, Article
VI: "Sewer Rents and Refuse Sustainability Fee" of the Mount Vernon City Code shall be applied to pay the costs of the operation, maintenance, upkeep, repair and replacement of the sanitary sewer system.
(2) Definitions. For the purpose of this chapter, the definitions set
forth herein shall be controlling:
SANITARY SEWER SYSTEM
The system for the collection of sewage, including all sewer
mains, pumping stations, pipes, appurtenances or other facilities,
which are owned, operated and maintained by the City of Mount Vernon,
whether in or outside the City.
SEWER RENTS
A schedule of annual charges established and imposed by the City of Mount Vernon for the use of the sanitary sewer system. (City Code: Chapter
126: Fees and Deposits; Article
VI: Sewer Rents and Refuse Sustainability Fees).
SYSTEM USERS
The record owners of real properties that have sanitary facilities
which discharge into the sanitary sewer system, whether the properties
are located in or outside of the City of Mount Vernon.
TOTAL WATER CONSUMPTION
The total volume of water delivered to a property by the
water source for which a sewer user is responsible. The total volume
of water shall be the sum of the volume of water metered by, or otherwise
calculated by the water source.
WATER CONSUMPTION
The consumption of water, measured in hundreds of cubic feet
("CCF"); one CCF equals 748 gallons.
WATER SOURCE
Any entity that delivers water to a property, such as the
Mount Vernon Board of Water Supply.
(3) Obligation to pay sewer rent.
1)
All system users, as defined herein, shall be liable for fees
and sewer rent as enacted.
2)
While system owners may charge a tenant(s) for sewer rent, owners
are liable to the City for payment of sewer rents. The failure of
tenants to reimburse or indemnify a system user shall not be a defense
to the obligation to pay sewer rent. All sewer rents and penalties
shall be a charge against the property for which the system user and
any successor in interest shall be liable therefor.
(4) Sewer rent basis; adjustments; changes.
1)
Sewer rent. System users shall pay an amount based on the actual
water consumption as determined by the water source using a water
meter or other measuring device, or an estimated amount if the water
source is unable to obtain a reading.
2)
A system user who maintains that the sewer rent should be adjusted
for any given six-month period may make one application to the Board
of Water Supply Commissioner for an adjustment for that period's sewer
rent within 25 calendar days of the issuance of the bill. Such application
shall be in writing and be supported by substantial evidence establishing
that the amount of the system user's water consumption that actually
was discharged into the sanitary system was less than the amount of
water consumption used to calculate the system user's sewer rent.
Proof shall be in the following form:
i.
An engineering report from a professional engineer licensed
in the State of New York;
ii.
Data from a submeter whose operation has been inspected and
verified by the City of Mount Vernon;
iv.
Any other documentary evidences.
(a) The system user has the burden of proof. The quantum
and quality of proof is not necessarily dependent on the amount of
the adjustment sought.
(b) If any adjustment is warranted, the system user
shall receive the same in the form of a credit on the next bill following
the Board of Water Supply Commissioner's determination. If a system
user is aggrieved by said determination, said user may appeal to the
City Council within 15 days of same.
(c) All applications for an adjustment that are currently
pending shall be heard and determined under this subsection.
3)
Changes. The initial rate of the sewer rent shall be established
by ordinance of the City Council after public hearing. Subsequent
changes to the rate of the sewer rent and amount of penalty shall
be made in the same manner.
(5) Annual costs of the sanitary sewer system. The annual operation and
maintenance costs of the sanitary sewer system shall be determined
as part of the City's budget process. The annual costs shall include,
but not be limited to: personnel services, including salaries and
fringe benefits, contractual services, repairs and replacement related
to the sanitary sewer system, materials and supplies, utilities, building
repair and maintenance, equipment, testing and sampling, insurance,
indebtedness, auditor's fees, reserve fund, contingency.
(6)
Billing and payments.
1)
System users shall be billed by the City or entity to which
billing authority has been designated on a frequency established by
the City.
2)
Sewer rents shall be paid to the City of Mount Vernon.
3)
Sewer rent bills shall be sent to system users to the address
to which property tax bills would be sent.
a)
The failure of a system owner to receive a bill shall not excuse
nonpayment thereof, nor shall it act as a waiver of a penalty imposed
herein prescribed.
b)
A system user that intends to convey property shall notify the
City or entity to which billing authority has been delegated within
14 days in advance of the closing title for a final reading and new
ownership information.
4)
System users may be afforded the option of receiving e-bills
and making electronic payments. System users may request that a tenant(s)
receive their respective bill(s), and such additional notice may be
given as an accommodation. (Refer to § 112-b(3)2.)
5)
Any adjustments granted, issued or agreed upon with regard to
actual water consumption shall be indicated to system users and reflected
in the next succeeding bill.
(7) Late payments; penalties; liens; enforcement.
1)
All bills shall become due and payable without penalty within
25 days of issuance.
2)
A penalty of 1% will be charged for any bill that remains unpaid
after 25 days. An additional penalty of 1% shall be added for each
succeeding month or any portion of a month in which the sewer rent
continues to remain unpaid.
3)
Unpaid sewer rents, penalties and interest shall constitute
a lien upon the real property as provided by New York State General
Municipal Law § 452. This lien shall be senior to every
other lien with the exception of the lien of an existing tax, assessment,
or other lawful charge imposed by the state or the City of Mount Vernon.
(8) Collection of sewer rents; sewer rent fund. All revenues from sanitary
sewer rents including penalties shall be kept in a separate bank account
to be designated as "Sewer Rent Fund." All such funds, together with
any interest thereon, shall be used in accordance with General Municipal
Law § 453.
(9) Appeals. A system user dissatisfied with the determination of the
City, entity to which billing authority has been designated, or the
decision of the Commissioner of the Board of Water Supply, may submit
such dissatisfaction in writing within 14 days of that determination
or decision to the City Council for further consideration.
(10)
Properties located outside City. System users for properties
located outside the territorial limits of the City of Mount Vernon
are liable for charges in accordance with this chapter unless the
subject of an existing agreement with the City.
(11)
Exemption. Properties owned by the City of Mount Vernon are
exempt from the obligation to pay sewer rent.
(12)
Severability. If any provision of this article or the application
thereof to any person or circumstances is adjudged invalid by a court
of competent jurisdiction, such judgment shall not affect or impair
the validity of the other provisions of the article or the application
thereof to other persons and circumstances.
[Added 2-9-2022 by L.L. No. 3-2022]
(1) Purpose; authority.
Establishment of refuse sustainability fee. The City Council
of Mount Vernon ("City") hereby establishes a Refuse Sustainability
Fee to defray the cost of collection, transportation, and disposal
of solid waste and recyclables from improved real properties in the
City.
(2) Definitions. All terms set forth in this local law shall have the
same definitions as set forth in Chapter 112-b, "Sewer Rents" of the
Mount Vernon City Charter, unless otherwise noted herein.
(3) Computation of refuse sustainability fees. The Refuse Sustainability Fee for each calendar year for each improved real property in the City shall be calculated by multiplying the number of parcels on each such tax assessment lot, as shown on the most current tax assessment roll and records of the City Assessor, by the Refuse Sustainability Fees set forth in Part II: General Legislation; Chapter
126: Fees and Deposits; Article
VI: Sewer Rents and Refuse Sustainability Fees of the Mount Vernon City Code.
Changes in fees. The Refuse Sustainability Fee may be changed by amending Part II: General Legislation; Chapter
126: Fees and Deposits; Article
VI: Sewer Rents and Refuse Sustainability Fees of the Mount Vernon City Code.
(4) Billing of refuse sustainability fees. The Refuse Sustainability
Fee for each improved real property in the City shall be billed for
each calendar year as a separate line item on a biannual real property
tax bill for each such tax assessment lot. Only in the year of the
enactment of the Refuse Sustainability Fee, must it be due in full
by December 31. Every year thereafter it will be due in conjunction
with the City Property tax schedule.
(5) Usage of refuse sustainability fees. The collection of revenue from
the Refuse Sustainability Fees shall only be used to defray the cost
of collection, transportation, capital projects, benefits, and disposal
of solid waste refuse and recyclables within the City of Mount Vernon.
(6) Ability to opt-out of refuse sustainability fees. The Refuse Sustainability
Fees can only be opted out by commercial and industrial improved real
property in the City. These opt-outs must be submitted by written
communication to the Commissioner of the Department of Public Works
prior to September 30 of the current year to be effective for the
next succeeding year.
(7) Levy and lien of unpaid refuse sustainability fees. If a Refuse Sustainability
Fee including accrued interest thereon is not fully paid by the second
installment of the calendar year for which originally billed, the
unpaid amount shall, pursuant to the procedures set for in § 120-cc
of the General Municipal Law, become a lien as of January 1 of the
next succeeding year and shall accrue additional interest, to be collected,
and to be enforced in the same manner and at the same time as provided
by law for City taxes due in such next succeeding year. Exception
is made for the first year of the enaction of the Refuse Sustainability
Fees.