City of Mount Vernon, NY Article IX Department of Public Works

§ 105 Commissioner of Public Works; Deputy Commissioner; subordinates.

[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.

§ 105-a Powers and duties, generally.

[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.

§ 105-b Abatement of nuisance.

[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[1]; L.L. No. 1-1981; L.L. No. 1-1986]

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 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.

[1] Editor's Note: This local law provided that former § 144 of Article XI was to be deleted in its entirety from Article XI and added in its entirety to Article IX as this new § 105-b.

§ 106 Repair of sidewalks; removal of snow and ice.

[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.

§ 107 Performance of public work to be certified.

[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.

§ 108 Bureaus.

[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.

§ 109 Bureau of Highways and Sanitation.

[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.

§ 110 Bureau of Motor Vehicle Control.

[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.

§ 111 Bureau of Engineering.

[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.

§ 112 Bureau of Parks.

[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.

§ 112-a General and transitory provisions.

[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.

§ 112-b Sewer rents.

[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;

iii. Affidavits; or

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.

§ 112-c Refuse Sustainability Fee.

[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.