[1964 Charter Laws, § 13-11; N.Y. Laws 1898, ch. 258, § 1; N.Y. Laws 1904, ch. 481, § 1; L.L. No. 4-1989, § 2]
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CLEANING, STREET CLEANING OR CLEANING OF STREETS
Includes the cleaning, sweeping and sprinkling of any street and the removal and disposal of street cleanings and sweepings therefrom.
STREET
Includes any public road, avenue, lane, alley and public highway within the City and the crosswalks in and upon the same. "Street" does not include sidewalks in front of public or private property, or the back of the curb.
[1964 Charter Laws, § 13-11; N.Y. Laws 1898, ch. 258, § 1; N.Y. Laws 1904, ch. 481, § 1; L.L. No. 4-1989, § 2]
The Common Council may establish and alter cleaning districts. Such districts are for the purpose of payment of the expenses of cleaning.
[1964 Charter Laws, § 13-11; N.Y. Laws 1898, ch. 258, § 1; N.Y. Laws 1904, ch. 481, § 1; L.L. No. 4-1989, § 2]
(a) 
The Common Council may contract for the cleaning of any paved street upon such terms and for such period of time not exceeding five years. Prior to the letting of any contract for the purpose of cleaning the Common Council shall cause accurate specifications of the work proposed to be done to be prepared by the City Engineer and filed with the City Clerk. Public notice shall be given of the time and place at which sealed proposals will be received for entering into such contracts, which notice shall be published in the official newspaper for at least three alternate days. No such contract shall be let until at least 10 days from the first publication thereof. The bids shall be sealed and delivered to the City Clerk and produced by the City Clerk at the time and place specified in the notice and shall be opened at a meeting of the Common Council in the presence of the Common Council by the Mayor or President of the Common Council.
(b) 
No bid shall be considered unless it is accompanied by a bond with sureties and in a penalty approved by the Common Council, conditioned that if the bid is accepted the bidder will perform the contract at the price and upon the terms proposed, according to the specifications and subject to the supervision of the City Engineer and the approval of the Common Council, and that the bidder will indemnify and save harmless the City from any and all loss, costs or damages by reason of, or in consequence of, the performance of the work, and that the bidder will comply with any and all ordinances, rules and regulations prescribed by law.
(c) 
The Common Council may require the deposit by the bidder of a sum not exceeding 25% and not less than 10% of the estimated cost of the work to be done to secure the entering into the contract. The deposit shall be either cash or a certified check. If the bidder to whom the contract is awarded does not enter into the contract, the sum so deposited shall be forfeited to the City and shall be credited by the Comptroller to the street cleaning fund. Upon entering into the contract the deposit may be held as security for the performance of the contracts. The deposit shall be held by the Comptroller as a special trust. The deposit shall be returned to the contractor with such further sum as the City may have realized for the use thereof, when the Common Council certifies that the contractor has fully completed the contract and that the City has no further claim upon the deposit. If the contractor does not perform the contract and it is declared abandoned by the Common Council, then the deposit shall be forfeited to the City and paid into the treasury and shall become a part of the street cleaning fund.
(d) 
The Common Council may reject bids received and may advertise for new bids. Except as otherwise provided, no contract shall be awarded except to the lowest bidder with such adequate security and a deposit.
(e) 
After any bid has been approved by the Common Council, if any taxpayer of the City shall purpose in writing and tender bonds duly executed and acknowledged in the form and manner required by this section to do the work according to the specifications at an expense of at least 15% less than the approved bid, the contract shall be awarded to the taxpayer upon compliance by the taxpayer with the conditions and entering into the contract. The proposal and tender by the taxpayer shall be filed with the City Clerk within 10 days after the bid has been approved. If no such proposal and tender is made by any taxpayer or if the taxpayer rejects or refuses to execute the contract, the Common Council by a majority vote may accept the bid approved, enter into the contract, and direct the expense thereof be provided for pursuant to the provisions of this division.
[1964 Charter Laws, §§ 13-12, 13-13; N.Y. Laws 1898, ch. 258, § 1; L.L. No. 4-1989, § 2]
(a) 
There is created the street cleaning fund.
(b) 
One-third of the annual expense of cleaning contracts and of cleaning the paved streets, including the cleaning of the intersections of such streets, shall be borne by the City and paid from the street cleaning fund. The Common Council may levy and collect the same in the annual budget and tax levy.
(c) 
The moneys necessary to pay the City's cost of cleaning, together with the interest on temporary loan bonds issued therefor, shall be borne by the City and shall be raised by the Common Council in the annual tax levy and shall be set apart to the street cleaning fund, which shall be paid out by the City Comptroller only upon warrants or drafts ordered by the Common Council and signed by the Mayor and City Clerk in the same manner as other moneys expended by the Common Council.
(d) 
The Common Council may during the fiscal year issue temporary loan bonds to anticipate not more than two-thirds of the estimated street cleaning fund to be paid on or before January 1 next thereafter. The loans shall be paid from the moneys in the fund.
[1964 Charter Laws, § 13-12; N.Y. Laws 1898, ch. 258, § 1; L.L. No. 4-1989, § 1]
(a) 
The expenses incurred pursuant to the provisions of this division that are not borne by the City in accordance with Section 9.044 shall be paid by the property owners abutting the streets cleaned or the property owners located within the assessment districts.
(b) 
On or before September 1 of each year the Common Council shall audit and determine the amount thereof due and payable, or to become due and payable within the fiscal year, the portions thereof to be paid by the assessment districts. The amount shall be certified to the Board of Assessors for action thereon as prescribed by law.
(c) 
Such cleaning shall be a local improvement, and the assessment therefor shall be a local assessment. The assessment roll prepared therefor by the Board of Assessors shall be an assessment list within the meaning of this Charter and the law creating the Board of Assessors. The provisions of this Charter and the law creating the Board of Assessors shall apply to and govern the local assessment and assessment list made by the Board of Assessors for the local improvement unless otherwise prescribed by this division.
(d) 
The amount so certified shall be assessed by the Board of Assessors upon the owners in proportion to their frontage upon the streets or upon the streets within the assessment districts, and an assessment list thereof prepared by the Board of Assessors as required by law. Only one assessment list each year shall be required for all assessments for street cleaning made during the fiscal year. The City Engineer shall furnish to the Board of Assessors the measurements deemed necessary to comply with this section. Upon the confirmation of the assessment list the list shall be certified and delivered as prescribed by law to the Comptroller who shall proceed to collect the same in the same manner as in the collection of the City tax lists. No lands in the City shall be exempt from the local improvement or local assessment, and all assessments made to defray the expense of any local improvement shall be liens upon the land upon which the assessment was made until paid.