[1964 Charter Laws, § 13-1; N.Y. Laws 1923, ch.
658, art. VII, § 1; L.L.
No. 4-1989, § 1]
The Common Council may by ordinance cause the grading, macadamizing,
paving, repaving, surfacing or resurfacing, and the construction of
curbs, gutters, crosswalks, sidewalks, drains, sewers and service
sewers for public and private property, and any work in connection
with each of such improvements which is necessary and incidental thereto,
in any street, lane, alley or public place; and cause such other public
improvement as it shall deem necessary within the City and outside
of the limits of the City, when consent in writing to such improvement
has been obtained from the governing body of the town or village in
which such proposed improvement is to be located.
[1964 Charter Laws, § 13-2; L.L. No. 4-1989, § 1]
Any public improvement or work, the expense of which is directed
by the Common Council to be assessed in whole or in part upon the
property deemed benefited shall be known as a "local improvement."
Any improvement or work, the expense of which is charged wholly to
the City at large, shall be known as a "municipal improvement."
[1964 Charter Laws, § 13-9; N.Y. Laws 1923, ch.
658, art. VII, § 2; L.L.
No. 4-1989, § 2]
The Common Council shall, by ordinance, prescribe, approve and
adopt specifications fixing the standard of excellence and test required
for each material to be used in and for the construction of pavement,
repavement, surfacing, resurfacing, pavement repair, curbs, gutters,
crosswalks and sidewalks, in the streets, lanes, alleys and public
places of the City. The specifications for the materials to be used
and for the performance of the work involved in such improvement shall
be prepared by the City Engineer.
[1964 Charter Laws, §§ 13-17, 13-18; N.Y.
Laws 1923, ch. 658, art. VII, §§ 35, 36; L.L. No. 4-1989, § 2]
(a)
Snow, ice and other obstructions shall be removed from the sidewalk,
by the owner or occupant of any lot or parcel of land fronting thereon.
Such owner or occupant shall keep the same so removed at all times
under such rules and regulations as the Common Council may adopt.
Any owner or occupant who neglects or refuses to perform such work
shall be subject to such penalty therefor as shall be prescribed by
the Common Council. The Commissioner of Public Works may perform such
work and collect the expense incurred therefor from each property
owner by presenting a bill to the owner personally or by leaving the
same at the owner's place of residence, or if the owner is a nonresident,
by mailing the notice to the owner at the owner's last known place
of residence, or if the name of the owner or the owner's place of
residence cannot be ascertained after due diligence, by posting the
same in a conspicuous place on the owner's premises.
(b)
If a property owner does not pay the bill for any work performed
by the Commissioner of Public Works in the removal of snow, ice or
other obstructions from the sidewalk within 10 days after billing
for same, the Commissioner shall file each year immediately preceding
the time for making the annual assessment roll a certificate of the
actual cost of the work, together with a statement as to the property
in front of which such work was done, with the Board of Assessment
and Taxation. The Board 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, assessed, 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.
[1964 Charter Laws, § 3-23; L. 1929, Ch. 624, §§ 1-3[1]]
(a)
Procedure. Whenever, in proceedings taken pursuant to law for closing
or altering any street, avenue, lane or alley, the Common Council
of the City of Utica by a three-fourths vote determines to abandon
portions or all of any street, avenue, lane or alley which it determines
to be unnecessary for such purposes, the City Engineer shall prepare
and submit to the Common Council plans and maps showing the proposed
alterations in the line or lines of such street, avenue, lane or alley,
the lands to be abandoned shown in separate parcels, and with such
certainty as he may determine, the lands contiguous to each separate
parcel of land to be abandoned, each such parcel, as for as practicable,
to have a frontage on the street, avenue, lane or alley as altered,
and the names of the owners thereof; provided however, that no portion
of any street, avenue, lane or alley shall be abandoned until after
a public hearing held at a time and place to be designated by the
Common Council after notice published at least twice in one or more
newspapers of the City, 10 days before the hearing. The Common Council
may after such hearing alter or amend the plans and maps and direct
the City Engineer to make the changes on the aforesaid plans and maps.
When the Common Council shall have finally made its determination
it shall file in the office of the City Clerk a copy of such determination
together with the plans and maps corresponding therewith. Any person
feeling aggrieved at the determination may review the determination
by certiorari order at any time within 10 days after such determination
and maps and plans are filed.
(b)
Sale of property abandoned. The Common Council may cause to be sold
and conveyed, by private sale, all the right, title and interest of
the City in and to the portion of any street, avenue, lane or alley
hereafter abandoned as above provided, or which may have been heretofore
abandoned, to the owners of contiguous lands, or, in the case of any
parcel heretofore abandoned and having an actual occupant, either
to the owner of contiguous lands or such occupant, as the Common Council
may determine. The price to be received therefor shall be a sum which
will properly compensate the City as determined by an appraisal to
be made by the Mayor, the Board of Assessors and the Commissioner
of Public Works. Such appraisal shall be subject to approval of the
Common Council and the Board of Estimate and Apportionment. Written
notice shall be given to owners of contiguous lands, and to such occupants,
if any, and no more than 90 days shall be allowed within which to
exercise their right to purchase such abandoned lands. At the expiration
of 90 days, if the owners or occupants of contiguous lands have failed
to exercise the right to purchase abandoned lands, the Common Council
shall sell said abandoned lands at public action to the highest bidder
under such regulations and public notice as provided by law. All expenses
incurred pursuant to this act [section] shall be a City charge.
(c)
Consent, release by state. The State of New York, hereby consents
to the disposal of such abandoned lands by the City of Utica, and
hereby releases any and all claims, if any, it may have in and to
the same.
[1]
Editor's Note: Sec. 4 of Ch. 624, Laws of 1929, the effective
date of the above Act, has been omitted. The catch phrases were added
by the editors to facilitate indexing and reference.
