[Amended 11-25-1980 by L.L. No. 7-1981; 3-10-1981 by L.L. No. 13-1981]
A. 
There shall be a Department of Public Works, the head of which shall be the Commissioner of Public Works. He shall be appointed by the County Executive subject to the approval of the County Legislature and shall serve at the pleasure of the County Executive. He shall have, in addition to the powers and duties set forth in this article, all the powers and duties of a county engineer and a county superintendent of highways pursuant to the Highway Law or any general or special law applicable in the County. He shall be a professional engineer licensed by the State of New York.
B. 
Upon the effective date of this Charter, the office of County Superintendent of Highways and of County Engineer, if any, is abolished; and the powers and duties of the office shall devolve upon the Department of Public Works, provided that the County Superintendent of Highways in office at the date this Charter takes effect shall be and become a Commissioner of Public Works until the expiration of the term for which he was appointed. In addition, the Commissioner of Public Works shall be deemed the administrative head of each and every County sewer district and be deemed to be Commissioner thereof unless otherwise provided by law.
[Amended 7-12-1965 by L.L. No. 4-1965; 4-14-1970 by L.L. No. 7-1970; 3-14-1972 by L.L. No. 5-1972; 8-28-1973 by L.L. No. 19-1973; 10-23-1979 by L.L. No. 31-1979; 11-12-1980 by L.L. No. 27-1980; 11-25-1980 by L.L. No. 9-1981; 11-25-1980 by L.L. No. 30-1980; 8-29-1989 by L.L. No. 28-1989; 12-12-1989 by L.L. No. 5-1990; 11-4-1991 by L.L. No. 31-1991; 8-18-1992 by L.L. No. 16-1992; 1-3-1995 by L.L. No. 14-1995; 12-5-2000 by L.L. No. 30-2000; 12-5-2000 by L.L. No. 2-2001; 11-16-2004 by L.L. No. 39-2004; 2-7-2006 by L.L. No. 15-2006; 2-7-2006 by L.L. No. 17-2006; 9-15-2011 by L.L. No. 49-2011; 12-16-2025 by L.L. No. 5-2026]
Except as otherwise provided in this Charter, the Department of Public Works shall:
A. 
(1) 
(i) 
Have charge and supervision of the design (including the preparation of the plans and specifications), construction, reconstruction, improvement, maintenance, repair and cleaning of all: (a) highways; (b) roads; (c) streets; (d) parking lots and parking fields; (e) bridges; (f) grade separation structures; (g) culverts; (h) bulkheads; (i) tide gates; (j) revetments; (k) locks; (1) jetties; (m) piers; (n) docks; (o) fencing; (p) streetlighting; (q) drains and drainage structures; (r) sidewalks; (s) walkways; (t) boardwalks; (u) crosswalks and underpasses; (v) sewers; (w) manholes: (x) curbs; (y) gutters; (z) trees and tree limbs; (aa) street markings; (bb) traffic signs, signals or traffic control devices; (cc) step, steps, stairs and stairways; (dd) runways; (ee) taxiways; (ff) ramps; (gg) tie-down areas; (hh) access roads; (ii) fire roads and fire lanes; (jj) pathways; (kk) guide-rails; (ll) buildings or other property and lands under the jurisdiction of the County.
(ii) 
Establish the grades and, alignment for all the said (a) highways; (b) roads; (c) streets; (d) parking lots and parking fields; (e) bridges; (f) grade separation structures; (g) culverts; (h) bulkheads; (i) tide gates; (j) revetments; (k) locks; (l) jetties; (m) piers; (n) docks; (o) fencing; (p) streetlighting; (q) drains and drainage structures, (r) sidewalks; (s) walkways; (t) boardwalks; (u) crosswalks and underpasses; (v) sewers; (w) manholes; (x) curbs; (y) gutters; (z) trees and tree limbs; (aa) street markings; (bb) traffic signs, signals or traffic control devices; (cc) step, steps, stairs and stairways; (dd) runways; (e) taxiways; (f) ramps; (gg) tie-down areas; (hh) access roads; (ii) fire roads and fire lanes; (jj) pathways; (kk) guide rails; (ll) buildings or other property and lands in accordance with established standards and/or state regulations.
(2) 
(i) 
Notwithstanding the responsibilities enumerated in Subsections (i) and (ii) of Subsection A(1), no civil action shall be maintained against Suffolk County or any of its departments, agencies, offices, districts, boards, commissions or subdivisions for damages or injuries to a person or property sustained by reason of any (a) highways; (b) roads; (c) streets; (d) parking lots and parking fields; (e) bridges; (f) grade separation structures; (g) culverts; (h) bulkheads; (i) tide gates; (j) revetments; (k) locks; (l) jetties; (m) piers; (n) docks; (o) fencing; (p) streetlighting; (q) drains and drainage structures; (r) sidewalks; (s) walkways; (t) boardwalks; (u) crosswalks and underpasses; (v) sewers; (w) manholes; (x) curbs; (v) gutters; (z) trees and tree limbs; (aa) street markings; (bb) traffic signs, signals or traffic control devices; (cc) step, steps, stairs and stairways; (dd) runways; (ee) taxiways; (ff) ramps; (gg) tie-down areas; (hh) access roads; (ii) fire roads and fire lanes; (jj) pathways; (kk) guide rails; (ll) buildings or other property and lands or any tree, bush, vegetation, appurtenance or structure in near proximity or attached to or necessary for the functioning of items (a) through (r) identified above, under the jurisdiction of the County, on account of that structure or thing enumerated above, in whole or in part, allegedly being in a defective condition, out of repair, unsafe, dangerous or obstructed or in consequence of the existence of snow or ice thereon, unless the County has received written notice within a reasonable time before said injury or property damage was sustained, that the item(s) identified in (a) through, (ll) above, or any tree, bush, vegetation, appurtenance or structure in near proximity or attached to or necessary for the functioning of items (a) through (ll) identified above allegedly causing such injury was in a defective, out of repair, unsafe, dangerous or obstructed condition, or that ice or snow existed on the item(s) identified in (a) through (ll) above, or any tree, bush, vegetation, appurtenance or structure in near proximity or attached to or necessary for the functioning of items (a) through (ll) identified above. Such written notice shall specify the particular place and nature of such defective, unsafe, dangerous, or obstructed condition or the particular location of the snow or ice. Such notice shall be made in writing by certified or registered, mail to the Clerk of the Suffolk County Legislature, who shall forward a copy to the County Attorney.
(ii) 
For purposes of constructing this statute, "reasonable time" shall mean:
(a) 
Not less than 30 days prior to the occurrence of the injury or property damage complained of for notices other than those for conditions caused by ice or snow.
(b) 
Not less than 72 hours prior to the occurrence of the injury or property damage complained of for notices of conditions caused by ice or snow.
(iii) 
This Subsection A shall supersede, in its application to the County of Suffolk:
(a) 
Section 139(1) of the New York Highway Law, pursuant to the authority vested by § 139(2) of the New York Highway Law.
(b) 
That portion of New York Highway Law § 139(2) which authorizes an action premised upon constructive notice pursuant to New York Municipal Home Rule Law § 10(1)(ii)(a)(5).
Nothing herein contained shall be construed to relieve a claimant of the obligation to serve a notice of claim on the County of Suffolk as provided in § 50-e, 50-i or 50-h of the New York General Municipal Law or § 52 of the New York County Law or otherwise comply with the conditions set forth in those laws.
(iv) 
Nothing contained in this article shall be held to repeal or modify or waive any existing requirement or statute of limitations that is applicable to these condition, or that ice or snow existed on the item(s) causes of action, but, on the contrary, the provisions hereof shall be held to be additional requirements to the right to maintain any such action. Nothing herein contained shall be held to modify any existing rule of law relative to the question of contributory negligence or to impose upon the County of Suffolk, its subdivisions, agents, officers and employees any greater duty or obligation than is otherwise presently imposed on the County of Suffolk with respect to the maintenance of any highway, street, crosswalk, bridge, culvert, street marking, sign or device or any other property owned, operated or maintained by the County of Suffolk.
B. 
Have charge and supervision of the design, construction and alterations of docks, marinas, parks, preserves, beach erosion projects and structures, excluding construction of and additions to or conversions of buildings, and such other structures and facilities in the nature of public works under the jurisdiction of the County as may be directed by the County Legislature and County Executive.
C. 
Have charge and supervision of the maintenance, repair and alterations of dunes, walks, docks, marinas, parks, preserves, beach erosion projects and structures and other studies and facilities in the nature of public works, excluding repair and alterations of buildings, as may be directed by the County Legislature and County Executive.
D. 
Have charge of the operation of all County movable bridges, toll bridges, canals, canal locks and of all other County-owned or -leased facilities placed under the jurisdiction of the Department by the County Legislature, said operation to include the collection and depositing of all tolls, fees and other charges for the use of the same as may be established by resolution of the County Legislature.
E. 
Make all surveys and studies for the elimination or protection of grade crossings involving County roads and the railroad and represent the County before the Public Service Commission in such cases and, when authorized by the County Legislature, perform similar services for the towns.
F. 
Except as otherwise provided by law, have full care, custody and control of all waterways and County-owned or -leased waterways equipment, boats, dredges and all materials and equipment appurtenant thereto.
G. 
Maintain a testing laboratory for materials used by the Department, have charge and supervision of studies for the conservation of water and general natural resources and have charge and supervision of all topographic, hydrographic and land surveys made for the County.
H. 
Be in charge and have the duty of performing such other functions concerning County property, public works and other matters as the County Legislature or the County Executive may, from time to time, direct.
I. 
The provisions of this article shall not be deemed to curtail any of the powers and duties of the Suffolk County Water Authority or the Trustees of the Vanderbilt Museum.
J. 
Have charge and supervision of the design, construction and alterations, including the preparation of plans and specifications therefor, of the County buildings, including all furnishing and equipment, including buildings or structures at airports operated by the County and for parks, recreation or conservation purposes.
K. 
Have charge and jurisdiction of the maintenance, repair, alterations, security and all custodial services of the buildings owned or leased by the County, unless otherwise provided in the terms of the lease agreement, but not including the structures used for recreation or conservation purposes under the jurisdiction of the Department of Parks, Recreation and Conservation or on the campuses of the Suffolk Community College or on the property administered by the Vanderbilt Museum.
L. 
Have the responsibility for the design, construction maintenance and operation of the sewage collection and disposal systems of all County-owned or -operated sewer districts or systems and the powers necessary and proper for the performance of such duties.
M. 
Plan for the formation, design, construction and operation of new County sewer districts or systems and new sewer facilities generally, as well as the acquisition and operation of existing sewage treatment plants and facilities, and otherwise to act as and perform the duties and functions of the staff of the Suffolk County Sewer Agency.
N. 
Formulate Countywide highway safety programs and coordinate efforts of interested parties and agencies engaged in traffic safety education; cooperate with local officials within the County in the formulation of traffic safety programs and activities; study traffic conditions on streets and highways within the County; study and analyze reports of accidents and causes thereof; recommend to the appropriate legislative bodies, departments or commissions such changes in rules, orders, regulations and existing law as may be deemed advisable; promote safety education for drivers and pedestrians; and obtain and assemble motor vehicle accident data and analyze, study and consolidate such data for educational and informational purposes.
O. 
Perform such other responsibilities and duties as may be assigned by law or by the County Executive or the County Legislature.
P. 
Receive all requests for County office and storage space, establish and apply space standards and priorities for such space and manage, assign and have jurisdiction over all present and future facilities which are either owned, rented or leased by the County.
Q. 
Have charge and supervision for vector control throughout the County of Suffolk. The Department shall have the power and authority to enter without hindrance upon any or all lands within the County for the purpose of performing acts which in its opinion are necessary and proper for the elimination of mosquitoes and other arthropods, provided that such measures are not injurious to wildlife. In the event of a vector control emergency, as defined by the Commissioner of Health Services, the direct supervision of the vector control shall be by the Department of Health Services.
R. 
Conduct hearings and make findings pursuant to the Eminent Domain Law and prepare appraisals or let contracts for appraisals for lands to be acquired by the County pursuant to New York Eminent Domain Procedure Law for County highway and other public works projects.
S. 
Maintain a centralized print shop for the printing of County materials, notices, pamphlets, booklets, brochures, newsletters, and reports.
[Amended 5-12-1970 by L.L. No. 12-1970; 10-23-1979 by L.L. No. 31-1979]
A. 
The Commissioner of Public Works shall appoint a Chief Deputy Commissioner of Public Works and a Chief Engineer, both of whom shall be professional engineers licensed by the State of New York. He shall also appoint a Deputy Commissioner of Public Works and, within the appropriation therefor, all other officers and employees of the Department as may be necessary. It shall be the duty of the Chief Deputy Commissioner to assist the Commissioner in the administration of his office and, in the absence of the Commissioner, to perform the duties and possess the powers of the Commissioner of Public Works. Except as hereinafter provided with respect to the appointment of the Chief Engineer as Chief Deputy Commissioner, in the absence of the Commissioner and the Chief Deputy Commissioner the Deputy Commissioner shall perform the duties and possess the powers of the Commissioner of Public Works.
B. 
It shall be the duty of the Chief Engineer to provide general engineering supervision over the various divisions of the Department and to coordinate the various engineering functions performed by the departmental divisions; to have charge of departmental planning; and to act as engineering liaison between the Commissioner, the County Legislature and special engineering or architectural consultants, all as directed by the Commissioner. Notwithstanding any other provisions of this section or act to the contrary, the Commissioner, if he so elects, may assign the Chief Engineer to fill, in addition to his position as Chief Engineer, the position of Chief Deputy Commissioner; and the person so appointed shall have, thereafter, the duties and titles of both positions; or the Commissioner may fill the position of Chief Deputy Commissioner by a separate appointment.
C. 
The Commissioner of Public Works shall also appoint the County Architect, who shall be licensed by the State of New York to practice architecture. Such division head shall:
(1) 
Have charge of all employees of the Division of Building Construction and Design performing architectural, engineering and related services.
(2) 
Upon request of the Commissioner, the County Legislature and the County Executive, perform such professional architectural and related services as may be required by other County administrative units.
(3) 
Oversee and supervise the design and construction of all County buildings and alterations thereof.
(4) 
Perform such other related duties and make such reports as may be required by the Commissioner.
D. 
Within the appropriation therefor and when authorized by the County Executive, the Commissioner of Public Works may employ such special engineering, architectural or other technical counsel as may be necessary.
[Amended 7-12-1965 by L.L. No. 4-1965; 10-23-1979 by L.L. No. 31-1979; 11-12-1980 by L.L. No. 27-1980; 11-25-1980 by L.L. No. 30-1980; 3-10-1981 by L.L. No. 13-1981]
A. 
There shall be the following divisions within the Department of Public Works: a Division of Highway Construction and Design, a Division of Highway Maintenance, a Division of Bridges and Structures, a Division of Waterways, a Division of Building Construction and Design, a Division of Building Operation and Maintenance, a Division of Sewer Engineering and Construction, a Division of Sewer Operation and a Division of Traffic Safety and Control and such other divisions as may be created within the Department by local law or by resolution of the County Legislature. The Commissioner shall assign a division head to each division, who shall have direct charge of the work to be performed by the division. It shall be the duty of each division head while holding such position to carry out the function of such division as provided by local law or by directives of the Commissioner. Such division head shall be subject to reassignment or transfer by the Commissioner to other duties within the Department. The Commissioner may assign the Deputy Commissioner or Chief Engineer as head of a division or he may assume such duties himself.
B. 
There shall also be a Division of Vector Control.
[Added 8-18-1992 by L.L. No. 16-1992; amended 5-9-2000 by L.L. No. 10-2000]
(1) 
The Division shall use every means feasible and practical to suppress mosquitoes, ticks and other arthropods which are vectors of human disease requiring public action for their control. In carrying out its responsibility hereunder, the Division shall have the power and authority to enter without hindrance upon any or all lands within the County for the purpose of draining or treating the same and to perform all other acts which, in its opinion and judgment, may be necessary and proper for the elimination of mosquitoes and other arthropods, but such measures shall not be injurious to wildlife.
(2) 
On or before the first day of October in each year, the Department shall file with the County Legislature, for its approval, the work to be done and the methods to be employed, together with a general description of such land as the Department shall anticipate must be entered upon in order to carry out its responsibilities. The Department shall also file a resolution for approval of the Vector Control Plan for said work to be done and the methods to be employed no later than November 15 of each year, said plan to be approved as submitted, or as modified or adjusted by legislative action taken no later than December 31 of each year. Before entering upon any such lands, the Department shall publish each year, at least once during the year, immediately following the approval by the County Legislature, its plan for work during the ensuing year as provided in this section, in at least one newspaper in every town in the County where work is to be performed, and a general description of the land where the work is to be performed.
(3) 
Scheduled ground spraying. The County Departments of Public Works and Health Services shall issue joint press releases advising the public as to formally scheduled ground spraying for adult mosquitoes at least 24 hours prior to the anticipated ground spraying and shall post said notification on the County's website. The County shall also maintain a spraying hotline providing detailed information regarding where, when and how spraying for adult mosquitoes will occur in communities. Twenty-four-hour notification shall also be provided by the County Departments of Health Services and Public Works to the County Executive and County Legislators, each of whom may in turn notify appropriate organizations in his/her community to further notify residents. All appropriate BOCES districts, as well as public and private schools (if in session), shall be notified as well.
(4) 
Scheduled aerial spraying. The County Departments of Public Works and Health Services shall issue joint press releases advising the public as to formally scheduled aerial spraying for adult mosquitoes at least 24 hours prior to the anticipated aerial spraying for adult mosquitoes and shall post said notification on the County's website. The County Departments of Health Services and Public Works shall also maintain a spraying hotline providing detailed information regarding where, when and how spraying for adult mosquitoes will occur in communities. Twenty-four-hour notification shall also be provided by the County to the County Executive and County Legislators, each of whom may in turn notify appropriate organizations in his/her community to further notify residents. All appropriate BOCES districts, as well as public and private schools (if in session), shall be notified as well.
(5) 
Health emergency (ground spraying). In the event that the County Department of Health Services determines that emergency circumstances preclude compliance with the deadlines set forth in Subsection B(3) and (4) of this section, then all such notification requirements for ground spraying of adult mosquitoes shall be reduced to six hours. The Department may use an alternative means of notification, such as public service announcements and school district notification (if in session), as long as it achieves the goal and objective of making people living in the immediate vicinity of the community aware of spraying that shall occur.
(6) 
Health emergency (aerial spraying). In the event that the County Department of Health Services determines that emergency circumstances preclude compliance with the deadlines set forth in Subsection B(3) and (4) of this section, then all such notification requirements for aerial spraying of adult mosquitoes shall be reduced to 12 hours. The Department may use an alternative means of notification, such as public service announcements and school district notification (if in session), as long as it achieves the goal and objective of making people living in the immediate vicinity of the community aware of spraying that shall occur.
(7) 
Warning notice content. The information required to be disseminated under Subsection B(3) and (4) of this section shall provide at least the following:
(a) 
Approximate time, location, and date of spraying.
(b) 
Pest to be controlled.
(c) 
Method of application.
(d) 
Specific sites to be treated.
(e) 
Common or trade names of pesticides to be applied.
(f) 
Name and telephone number of office or person who can be contacted for more information regarding the spraying.
(g) 
Statement that "This notice is provided by the Suffolk County Department of Health Services."[1]
[1]
Editor's Note: Former Subsection C, regarding a Division of Purchasing and Director of Purchasing, added 12-5-2000 by L.L. No. 1-2001, as amended 12-16-2003 by L.L. No. 33-2003, and which immediately followed this subsection, was repealed 6-9-2020 by L.L. No. 23-2020. For current provisions, see the Administrative Code.
The Commissioner of Public Works and any consulting engineer, deputy, assistant or employee of the Department of Public Works designated by him may enter upon any lands, water or waterways, public or private, within the County, without hindrance, for the purpose of making any surveys, examinations or investigations necessary or convenient in the exercise or performance of any of the other powers or duties conferred or imposed on the Department of Public Works or any officer thereof by this Charter or otherwise by law.
[Amended 12-18-1990 by L.L. No. 8-1991]
A. 
The Department of Public Works may perform engineering and other services for any town, village or district within the County in relation to the public works of such town, village or district, and towns, villages and districts are hereby expressly authorized to enter into contracts with the County for such services, provided that the charge for such services shall be, in each case, the actual cost, including prorated overhead, of rendering the service as certified by the Commissioner of Public Works.
B. 
The Department of Public Works may aid a town or towns in the construction or improvement of a town highway or town road therein pursuant to contracts as specified herein. Such contracts shall provide that the County of Suffolk shall be responsible for the supervision of the construction phase of the contract, as well as its design and construction costs. However, once the County accepts the work of the contractor, and the above project is complete, the road shall revert back to the town. Therefore, it shall be the responsibility of the town to perform regular repairs and/or maintenance on such a road. Furthermore, prior to placing such a contract up for bid, the County and town shall execute an agreement acknowledging the above terms and conditions.
[1]
Editor's Note: Former § C8-7, Applications for omnibus routes, added 11-25-1980 by L.L. No. 30-1980; as amended 12-12-1989 by L.L. No. 5-1990, was repealed 12-16-2025 by L.L. No. 5-2026.