[Amended 8-28-1995 by L.L. No. 11-1995[1]]
[Amended 4-27-1971 by L.L. No. 8-1971; 7-3-1990 by L.L. No.
4-1990;[1] 1-11-1994 by L.L. No. 2-1994]
A.
The head of the Department of Engineering shall be the City Engineer
who shall be appointed by the Mayor subject to the advice and consent
of the City Council. The Mayor shall also appoint with the advise
and consent of the City Council a First Assistant City Engineer.
B.
During the first three (3) years after the appointment of the City
Engineer, the City Engineer shall serve at the pleasure of the Mayor.
If, after three (3) years as City Engineer, the City Engineer remains
in office, then the City Engineer shall automatically become a permanent
appointee who may be removed by the Mayor for malfeasance, nonfeasance,
or other legal cause, after notice and hearing.
C.
If the First Assistant City Engineer has achieved the status of a permanent employee as provided in Subsection D of this section, and the First Assistant City Engineer is appointed to be City Engineer with the advice and consent of the City Council, then that person shall automatically be a permanent appointee as City Engineer from the date that the appointment is effective.
D.
During the first three (3) years after the appointment of the First
Assistant City Engineer, the First Assistant City Engineer shall serve
at the pleasure of the Mayor. If, after three (3) years as First Assistant
City Engineer, the First Assistant City Engineer remains in office,
then the First Assistant City Engineer shall automatically become
a permanent appointee who may be removed by the Mayor for malfeasance,
nonfeasance, or other legal cause, after notice and hearing.
E.
In the case of the absence or disability of the City Engineer or
a vacancy in the Office of the City Engineer, the First Assistant
Engineer shall discharge the duties of the office of the City Engineer
until the City Engineer returns, his or her disability ceases or the
vacancy is filled.
[Amended 11-4-2008 by L.L. No. 10-2008]
F.
The City Engineer and First Assistant City Engineer holding office
on August 31, 1995 are permanent appointees who may be removed by
the Mayor for malfeasance, nonfeasance, or other legal cause, after
notice and hearing.
[1]
Editor's Note: This local law also provided that the repeal
of limitations on removal authority in § C10-1 of the Charter
of the City of Yonkers shall not apply to the persons who are the
City Engineer and First Assistant City Engineer on the effective date
of this Local Law.
[Amended 4-27-1971 by L.L. No. 8-1971; 11-4-2008 by L.L. No.
10-2008]
The City Engineer shall be a graduate from a recognized college
or university, with a degree in civil engineering. He or she shall
be a licensed professional engineer of the State of New York who shall
have had ten years of progressively responsible experience in major
engineering construction, design and development, of which five years
must have been as chief engineer or assistant chief engineer in major
design and construction, and has been for at least five years prior
to his or her appointment a resident of the City of Yonkers. The First
Assistant City Engineer shall be a graduate from a recognized college
or university, with a degree in civil engineering. He or she shall
be a licensed professional engineer of the State of New York who shall
have had ten years of progressively responsible experience in major
engineering construction, design and development, of which two years
must have been as chief engineer or assistant chief engineer in major
design and construction, and has been for at least two years prior
to his or her appointment a resident of the City of Yonkers.
[Amended 11-4-2008 by L.L. No. 10-2008]
The City Engineer shall devote his or her time exclusively to
the service of the city. He or she shall be charged with and exercise
the following powers and duties, to wit: The planning, designing,
supervision of constructing, altering and repairing of all public
buildings, public sewers, the establishing and, from time to time,
altering sewer districts and the supervision and construction of connections
therewith; the laying out, opening, grading, establishing and describing
the grade, paving of all public streets, park approaches and park
roadways; the location, grading and establishing and describing the
grade and construction of all sidewalks and crosswalks on the public
streets, park approaches and parks.
The construction, repair and alteration of bridges and viaducts
and the approaches thereto, except insofar as such duties may be imposed
upon other authorities or corporations by general law.
The planning, designing of public docks, wharves, piers, bulkheads,
bridges and other structures in connection with the public waters
of the city, except such of said duties as are or may hereafter be
imposed by law upon the state or the United States or other public
authority; the supervision and control of private bridges and other
structures over such public waters, except such of said duties as
are or may hereafter be imposed by law upon the state or the United
States or other public authority.
The planning, designing and supervising of construction of sewers,
grading, curbs, walks and pavement in all private subdivisions which
will upon completion become public streets of the city.
The making and preserving of surveys, maps, plans, estimates
and drawings relating to opening, laying out and improving public
streets, park approaches, parks and other public grounds in the city
and all construction therein and of all public buildings and structures.
The City Engineer shall record all streets, park approaches,
parks and other public grounds now or hereafter established, and record
and describe the grades and any alteration of the grades thereof,
and shall keep a record of such streets, park approaches, parks and
other public grounds and of such grades.[1]
