Appointment of Commissioners; Board constituted. The Mayor shall nominate from the electors of the City and, by and with the consent of a majority of the Common Council, shall appoint six Commissioners who, with the Mayor acting as the presiding officer, shall constitute the Board of Public Works.
[Amended 9-6-1996 by L.L. No. 4-1996]
Terms of office; eligibility for reappointment; political affiliation. At the first regular meeting of the Common Council in January of each year, the Mayor shall, from the electors of the City, nominate and, by and with the consent of the Common Council, appoint two Commissioners to fill the vacancies of the expiring term, which appointment shall be for terms of three years from the first day of January. The appointment of such Commissioners shall be made so that no more than three Commissioners, other than the Mayor, shall belong to the same political party.
[Amended 8-5-1992 by L.L. No. 3-1992; 8-7-1996 by L.L. No. 10-1996]
Editor's Note: This local law passed at referendum on 11-5-1996.
Vacancies during term. A vacancy other than by expiration of term shall be filled for the remainder of the unexpired term in the manner provided in Subsection B of this section.
Removal of Commissioner from office. Any Commissioner may be removed from office by a two-thirds vote of the Common Council upon charges preferred in writing, served upon the Commissioner against whom they are preferred, and after such Commissioner has had a reasonable opportunity to be heard in his/her own behalf.
Compensation of Commissioners; expenses; disbursements. The Commissioners shall receive no compensation for their services but shall be reimbursed for expenses and disbursements necessarily incurred in transacting the business of the Board when duly authorized by the Board of Public Works and itemized.
Election as Mayor or Council member creates vacancy. Upon assuming the office of Mayor or Council member, a Commissioner shall automatically forfeit his/her office, and the vacancy created thereby shall be filled in the manner as hereinabove provided.
In addition to the appointed members of the Board of Public Works, the City's Disability Advisory Council (DAC) shall designate one of its members as a liaison to the Board. The DAC liaison shall be eligible to participate in all discussions of the Board, but shall not be a voting member.
[Added 8-6-2003 by L.L. No. 2-2003]
Editor's Note: This local law also provided for the renumbering of former Subsections G through J as H through K, respectively.
Mayor to be presiding officer; Vice Chairperson. The Mayor shall be the presiding officer of the Board of Public Works and shall be entitled to vote upon all questions except the appointment of officers and employees. The Board shall each year select by ballot one of its number to act as permanent Vice Chairperson, whose duty it shall be, in the absence of the Mayor, to preside over all meetings of the Board, with the right to vote upon all matters.
Quorum; meetings; notice of special meetings. A majority of the members of the Board of Public Works, exclusive of the Mayor, shall be necessary for the transaction of business, but fewer than a majority may regularly adjourn from time to time. The Board shall meet at such time as may be expedient or as it shall from time to time designate. Special meetings may be called by the Mayor or by any three members of the Board by 24 hours' written notice, which may be given either personally or by mail addressed to the places of business or residence of said Commissioners, respectively.
City Clerk or designee to act as secretary; open meetings. The City Clerk or his or her designee shall act as secretary of the Board of Public Works and keep a record of all meetings. The meetings of the Board shall be open to the public in accordance with the Public Officers Law.
[Amended 5-4-2005 by L.L. No. 3-2005]
Expenditures and obligations. No contract involving the expenditure of moneys shall be made except by vote of a majority of the members of the Board of Public Works. No obligation shall be incurred nor money expended by the Board except by resolution duly passed by a majority of the members thereof. In every case, the resolution and vote thereon shall be recorded in full in the minutes of the Board.
Editor's Note: Former § C-59, Superintendent of Public Works; other personnel, as amended, was repealed 6-1-2011 by L.L. No. 5-2011.
Editor's Note: Former § C-60, Inspector of Plumbing, as amended, was repealed 6-1-2011 by L.L. No. 5-2011.
The Board of Public works shall take charge and, subject to the limitations herein contained and the direction and review of the Common Council, shall have control of the following departments of the City government, of the property belonging thereto and of the appropriations made therefor:
[Amended 8-14-1996 by L.L. No. 9-1996; 4-22-1997 by L.L. No. 2-1997]
Water, except that it shall not in any manner fluoridate the water under the control of the Water Department of the City government.
Sewers and Drains.
Streets and Sidewalks.
Creeks and Bridges.
Such other departments as may be assigned to the Board under the provisions of § C-82 of this Charter.
Construction, improvement, maintenance and operation of former airport lands. Jurisdiction for the construction, improvement, maintenance and operation of the lands formerly comprising the Ithaca Municipal Airport is hereby vested in the Board of Public Works. Said Board shall adopt regulations and establish rents for the use of such lands, but no such regulation or rent shall be effective until approved by the Common Council.
Purpose. The purpose of this section is to promote and stimulate interest and learning in the classics of the theater, films, music and graphic arts and to make land available in a restricted area within the City of Ithaca for the development of suitable facilities pursuant to such a plan.
Agreements. The Mayor, with the approval of the Board of Public Works, is hereby authorized to execute agreements with individuals or corporations permitting the erection of a theater and other facilities on former municipal airport lands as more particularly shown on a map entitled "Ithaca Municipal Airport," dated August 26, 1957, filed in the office of the City Engineer, upon such terms as said Board may determine, subject to the general conditions hereinafter set forth.
Preliminary investigation. Before approving any proposed agreement, the Board shall investigate and determine that the proposed use conforms to the purpose for which the area is set apart, i.e., the development and establishment of a program to promote and stimulate interest and learning in the classics of the theater, films, music and graphic arts, which will be of benefit to the community as a whole.
General conditions. The following general conditions shall apply to and be incorporated in any agreement executed hereunder:
No agreement hereunder shall extend for a period exceeding the probable useful life of the proposed facility, as determined by the Board of Public Works on the basis of the materials and type of construction used therein. Nothing herein contained shall prevent the Board, upon the expiration of such agreement, from negotiating a new agreement with the same applicant under such terms and conditions as the Board may deem proper, subject to the general provisions of this section so far as applicable thereto.
The use or uses of the proposed facility shall be stated in the agreement, and no other or different use shall be permitted except by approval of the Board of Public Works.
No agreement nor any right thereunder shall be transferred or assigned except by permission of the Board of Public Works. A referee's deed in foreclosure and assignment for the benefit of creditors and a conveyance or assignment by a trustee in bankruptcy and all other similar transactions shall be deemed assignments or transfers within the meaning of this subsection.
In considering the approval of any request for a change in use or for a transfer or assignment of any agreement or any rights thereunder, the Board shall follow the same procedure and apply the same standards applicable to original applications.
The Board of Public Works may enter upon any lands for the purpose of survey and examination; may contract for, purchase and acquire, by grant, purchase, gift, condemnation or otherwise, in the name of the City of Ithaca all lands, water rights, easements, privileges and franchises and all other real and personal property whatsoever, either within or outside of the corporation limits of the City of Ithaca, which are necessary, in the judgment of the Board, for any of the purposes herein set forth and shall have the right to enter upon, take possession of and appropriate all such property and to do any and every act or thing that may be necessary to carry out the full intent and purpose of all the provisions contained in this Charter.
The Board of Public Works shall have charge of and keep, always subject to inspection, all maps and plans now owned or hereafter acquired by the City relating to the several departments in its charge. It shall cause to be made and kept revised a convenient index to said maps and also to the papers in its office, showing readily where each map or paper may be found.
The Board of Public Works shall have the power to adopt and execute plans for the drainage of the City and for the extension and improvement of the present sewer and water system and for providing any additional water supply and system that may be deemed necessary.
Imposition. The Board of Public Works shall from time to time fix and determine the water rates and other charges to be paid by all consumers of water and shall provide rules and penalties for the collection thereof by the City Chamberlain. Such water rates, penalties and other charges shall be a lien upon the property to or for which water was furnished or service rendered and shall be collected in the same manner provided for the collection of City taxes and, when they remain unpaid, shall be added to the annual City tax on the property to or for which water was furnished or service rendered.
Application of proceeds. The income derived from such water rates, penalties and other charges and the proceeds from the sale of water bonds shall be kept separate and apart from other City funds and revenues and shall be used for the upkeep, maintenance, extension and benefit of the waterworks and water system, including but not limited to power plants, pumps, dams, filters, tanks, feed pipes and mains in connection with the furnishing of water, and the payment of the maturing principal of and interest on the water bonds issued prior to the effective date of the Local Finance Law and on any obligation issued on or after the effective date of such law, pursuant to such law, for the purpose of financing the reconstruction or extension of improvements to and the maintenance or operation of such water system, either by direct payment or by the setting aside of a sinking fund for the payment of the principal of said bonds, as it shall from time to time become due.
Disposition of surplus. Any surplus earnings of the operation of the waterworks or any other public utility system on hand at any time after the payment of the items above authorized has been fully complied with and provided for may be applied by the Common Council toward the payment of any bonded or other indebtedness of the City of Ithaca now or hereafter contracted.
Purpose, applicability. A scale of rents, to be called "sewer rents," is hereby levied and assessed against every lot, parcel of land, building or premises now or hereafter having any connection with the sewer system of said City or otherwise discharging domestic sewage, commercial and industrial waste, water or other liquids, either directly or indirectly, into the sanitary sewer system of such City, based on the metered consumption of water to the premises connected with and served by said sewer system or any part or parts thereof, the revenue from which rents shall be used for the payments of costs of operation, maintenance and repairs of the sewer system or such part or parts thereof for which sewer rents have been established and imposed, the interest on and amortization of or payment of indebtedness which has been or shall be incurred for the construction of the sewer system or such part or parts thereof for which sewer rents have been established and imposed (other than indebtedness and the interest thereon, which is to be paid in the first instance from assessments upon benefited real property) and for the construction of sewage treatment and disposal works with necessary appurtenances, including pumping stations, or for the extension, enlargement or replacement of or additions to such sewer systems or part or parts thereof.
Duty of owner. In addition to any and all fees and charges provided by law, the owner of any parcel of real property within the City limits connected with the sewer system of the City of Ithaca shall pay a sewer rent for the use of such sewer system based upon the metered consumption of water to said premises in an amount to be fixed and determined from time to time by the Board of Public Works of the City of Ithaca. In order that property lying outside the corporate limits of the City of Ithaca being served by its sewage disposal system shall bear a proportionate share of the cost of such system, the charge made for such property shall be apportioned by the Board of Public Works in addition to the base rate charged to property located within the City, such charge to be collected and the collection enforced as herein provided for other sewer rental charges. For the purpose of determining the charge to be rendered premises using the sewerage system whereon the water used is derived in whole or in part from sources independent of the City, the water used thereon supplied from private sources shall be measured by a City water meter or by a meter acceptable to the Water and Sewer Division, to be installed and maintained by the owner or occupant thereof at his/her own cost and subject to supervision and inspection by said Water and Sewer Division. The sewer rental charged against such property shall be determined by the metered consumption of water used on said premises, regardless of the source from which supplied, according to the schedule herein and hereinafter adopted by the Board of Public Works. Whenever the owner or occupant fails to install such meter and in cases where the Board of Public Works finds it impractical to insist upon a special meter, said Board may accept the report of said property owner as to the amount of water used on said premises or said Board may fix and determine the amount ordinarily consumed upon said premises by such method as it may find practicable in the light of the conditions and attendant circumstances of the case in order to determine the sewer rental charge, all in accordance with corresponding rates assessed against other similar property.
Collection. In the case of premises whereon the water used is supplied by the City of Ithaca through its Board of Public Works, the sewer rental charge herein provided shall be added to the water bills rendered to the owners, lessees or occupants of such property and shall be paid at the time the water bill is payable at the office of the City Chamberlain and shall be collected with and in addition to the water charge for water service, and no part of the charge for water service shall be accepted without including therewith the sewer rental charge. Such sewer rental charge shall be subject to the same penalty provided for delinquent water bills, and it is hereby made the duty of said City Chamberlain to collect such penalty for failure to pay the sewer rental charge when due. In cases of premises whereon water used is not supplied by the City, said Board of Public Works will render quarterly to the owners, lessees or occupants of such property bills for the amount of the sewer rental charged as herein set forth. If such charge is not paid when due, it shall be subject to the same penalty as is provided for delinquent water bills, and the City Chamberlain is hereby required to collect such penalty. In the event that said bills for sewer rentals rendered for premises whereon water is not supplied by the City of Ithaca are not paid within 30 days after the rendering thereof, the Board of Public Works shall certify the same, together with such penalty, and the same shall be collected and the collection thereof enforced in the same manner in all respects as City, county and state taxes, and they shall be added to said taxes subject to like penalty, costs and interest charges.
Effect of nonpayment. All sewer rents for premises using City water shall be payable, collectible and enforceable in the manner provided by law for the payment, collection and enforcement of water charges and, if unpaid, shall be collected in the same manner provided for the collection of City taxes and, when remaining unpaid, shall be added to the annual City tax or state and county tax on the property to and for which sewer service was furnished and rendered.
Authority of Board. The Board of Public Works shall have the power to make and enforce such general rules and regulations, both as to public and private water supply, for the collection, rebating, refunding or adjustment of such charges for any reason, including diversion of water from the sewer system, as may be reasonably necessary to avoid injustice, to the end that all property discharging sewage in the sewer system will bear its equitable proportionate share with other property of the cost of operation, maintenance and repairs of said sewerage system or any extension, enlargement, replacement or additions to such sewer system or any part or parts thereof.
Sewer Fund. All revenues derived from the sewer rents imposed hereunder, together with all penalties and interest thereon, shall be kept by the City Chamberlain in a separate account to be known as the "Sewer Fund."
Existing contracts. The provisions of this Charter shall be subject in any event to any and all existing contracts between the City of Ithaca and present contract users of its sewer system and to any and all renewals, extensions and modifications, if any, of said contracts.
The Board of Public Works shall have power to adopt and execute plans for the purpose of controlling and regulating the flow of water in the creeks and watercourses and properly protecting them against overflow and for providing relief channels or additional watercourses and bridges for the same, as the Board shall deem for the best interests of the City; to alter, deepen, widen and change the direction of the channel or current of creeks or watercourses, or any of them; to increase, diminish, entirely prevent or change in any manner the customary flow of water and to cause the same to flow against or upon any other land; and to build walls, embankments or levees and, if deemed necessary or advisable, to make them of sufficient width for the construction of streets, alleys or driveways thereon. It shall take charge of and have control over all permanent public improvements now constructed along watercourses, maintain, alter, repair, improve and extend the same and widen and deepen the channel thereof; shall have charge of all bridges, culverts and sluiceways and build, rebuild or repair the same; and shall clean and keep free from obstruction all channels, ditches and sluices thereunder.
Acquisition of land for park purposes. The Board of Public Works shall have power to adopt and execute plans for the laying out, improvement and maintenance of the parks and to provide additional parks either within or without the limits of the City of Ithaca and, for such purposes, to acquire, by gift, purchase or condemnation, lands within or without the limits of the City of Ithaca and to lay out, cultivate and improve the lands so acquired.
[Amended 5-7-1997 by L.L. No. 3-1997]
Public parks. The Board of Public Works shall have the power to regulate and maintain public parks now established or hereafter laid out and established by the Board; to preserve, adorn and protect the same; to prohibit and prevent encroachments thereon or injury to the trees, shrubs and adornments thereof; to adopt rules and regulations governing the purposes for which the parks or any of them may be used and enjoyed; to determine the place for planting and the relative location of shade or ornamental trees in the parks; to determine the methods and manner of adornment of the parks; and in all things to have complete control and authority thereover.
Park defined. The word "parks" is hereby defined to include all public grounds and places, except cemeteries, which shall have heretofore been under the control and supervision of the City of Ithaca and all public grounds and places hereafter acquired by the City of Ithaca under the provisions of this Charter.
The Board of Public Works shall take charge and have control of all public cemeteries within the City limits, with power to preserve, adorn and protect the same; to establish such rules and regulations governing the care, maintenance, adornment and uses thereof as may be deemed necessary; to prohibit injury to or mutilation of any of the adornments or monuments therein; and to prescribe penalties for the violation thereof.
The Board of Public Works shall have the power to lay out, alter, discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle the streets, highways, alleys, bridges and crosswalks; to prevent the encumbering and obstruction of the same in any manner; to protect them from encroachment or injury; to construct sidewalks or cause the same to be constructed; to alter, repair, regulate, straighten, raise and lower the same; to cause the same to be kept free and clean from ice, dirt and snow; and to prevent the encumbering, encroachment upon or obstruction of the same, as hereinafter provided. Before laying out any highway requiring condemnation proceedings and before altering or discontinuing any highway, a public hearing shall be had after notice thereof has been given by publication at least once in at least two newspapers of the City of Ithaca and by mailing the same to all the owners of lands through which said new highway is to run or adjacent to the portion of any highway that is to be altered or discontinued.
The Board of Public Works shall have the power to permit excavating in any public street or place in said City upon satisfactory surety being given to the Board that the excavation so made will be properly guarded and promptly filled and that any curbing or pavement removed shall be relaid with all convenient speed; that the City shall be held harmless from all claims, demands, suits, costs and damages that may result by reason of the excavation; that the street or public place so disturbed shall be restored to as good condition as existed before making the excavation and shall be so maintained for a period of one year without expense to the Board; and that the excavation will be made at such time and in such manner and under such superintendence as the Board may prescribe in the order granting permission, in addition to the above requirements. Any expense incurred by the Board in such superintendence, restoration or repairment shall be a lien until paid upon the premises or lot for the benefit of which the work was done, to be enforced the same as unpaid claims for the construction of sidewalks as hereinafter provided, and the Board shall have a lawful demand against the applicant to whom such permission may have been given and may sue for and collect the same in the name of the City, which, when collected, shall be paid to the City Chamberlain and by him/her credited to the funds against which the expense is properly charged. During the progress of excavating, at least 1/2 of the street, public place or land shall be kept open and free for the passage of persons and vehicles. No person or corporation shall make any excavation in any street, lane or public ground or under sidewalks without first obtaining such permit in writing.
[Added 9-4-2013 by L.L. No. 3-2013]
Establishment of sidewalk improvement districts; map.
The City is hereby divided into five sidewalk improvement districts ("districts" or "SIDs"): District No. 1, District No. 2, District No. 3, District No. 4, and District No. 5. The districts are bounded as shown on the map titled "Official Sidewalk Improvement District Map of the City of Ithaca, New York" (hereinafter "SID Map"), and which accompanies in printed format and is hereby made part of this section.
Editor's Note: A copy of the Sidewalk Improvement District Map is on file in the City offices.
The Superintendent of Public Works or his or her designee shall prepare, maintain, and keep current the SID Map in accordance with amendments made thereon pursuant to action of the Common Council.
Construction or repair of sidewalks in districts.
The Board of Public Works shall recommend, subject to amendment and approval by the Common Council, a budget and a schedule of sidewalk construction or repair to be performed in each SID as part of the City's budget for each fiscal year; provided, however, that the budget for the first fiscal year following the year of enactment of this section shall be recommended and approved on such schedule as deemed practicable by the Board of Public Works and Common Council. The Board shall have the authority to include in such budget all or any portion of the cost for past sidewalk construction or repair performed by the City on a property located in and subject to assessments as part of a SID, so long as said cost has not been assessed upon the abutting property owner prior to the effective date of this section. Along with such budget and schedule of work, the Board shall recommend to Council any adjustments it deems desirable to the assessment formula set forth in Subsection C hereof. Such budget may include the issuing of, and payment of the maturing principal of and interest on, any obligation issued pursuant to the Local Finance Law for the purpose of financing the construction or repair of sidewalks pursuant to this section.
Before the budget and schedule of work required by Subsection B hereof are given final approval by the Board, the City Clerk shall give notice by publication three times in a local newspaper of a public hearing thereon on a date specified, which date shall not be less than 10 days from the first publication. Before the date of public hearing, any person may file with the City Clerk written objections to such budget or schedule of work or any part thereof, which objections shall be presented to the Board before action shall be taken on such budget and schedule of work. At the time so appointed or at such other time to which it may adjourn for that purpose, the Board may hear the allegations of any person interested who shall have filed such objections and may take proof in relation thereto. Such allegations and proofs shall be confined to the matters stated in such written objections. The Board may thereupon alter or correct any assessment as justice may require, finally approve the same and file a schedule thereof with the Common Council, which may amend and confirm the same by local law after a public hearing, and if so confirmed, the amount of each assessment as derived from the assessment formula shall be a lien upon the real property so assessed. Such assessments and, if required, any reassessments, shall be collected in the manner provided in this Charter and the City Code for the enforcement, levy, and collection of City taxes.
The Board of Public Works or Common Council may include construction or repair of sidewalk curb cuts and curb accessibility ramps in the local improvements to be made in a SID. The Board of Public Works or Common Council shall not include construction or repair of driveway cuts or aprons, which shall remain the financial responsibility of the abutting property owner.
Work performed in a SID pursuant to this section shall be deemed a local improvement, and Common Council declares and finds that the assessment formula in Subsection C assesses each property in each district in proportion to the benefit received by that property from the construction and repair of sidewalks in its respective SID, and that such assessments are necessary to defray the cost of construction and repair of sidewalk in the respective SIDs.
Nothing herein shall be construed to modify or alter any power of the Common Council, Board of Public Works, or Planning and Development Board to require a property owner to bear the full cost of sidewalk construction or repair as part of the site plan review process pursuant to Chapter 276 of the City Code, regardless of whether said property is located within a SID.
[Amended 3-5-2014 by L.L. No. 1-2014]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- ANNUAL MAINTENANCE FEE
- The annual maintenance fee for nondevelopable lots and sliver lots is $0; for low-foot-traffic lots, it is $70; and for all other lots, it is $140.
- BUILDING SQUARE FOOTAGE
- The total square footage of all buildings on a lot as recorded by the Tompkins County Department of Assessment.
- COST OF PAST WORK
- The total sum, including labor and materials, actually paid for past work; provided, however, that none of the following shall be included:
- DOUBLE-LOW-FOOT-TRAFFIC LOTS
- Those lots with a Property Class Code of 280 or 281, or substantially
identical successor designations, and with two residences that each
have a Site Class Code of 210, 215, 240, 250, or 270.[Added 9-1-2015 by L.L. No. 2-2015]
- FRONT FEET
- The length of perimeter, measured in feet, by which a lot abuts the line of the public street or streets, provided that, if a lot's perimeter along the line of the public street or streets is bisected such that a portion of the perimeter is within a SID and a portion of the perimeter is not located within any SID, only that portion of the perimeter within a SID shall be included, and provided further that a sliver lot's front feet shall be deemed to be the lesser of the lot's actual front feet or 110 feet.
- Lot or parcel of land, as set forth by the current City of Ithaca Tax Maps on file with the Tompkins County Department of Assessment.
- LOT SQUARE FOOTAGE
- The total area of a lot measured in square feet, as recorded by the Tompkins County Department of Assessment, or as otherwise calculated by that department.
- LOW-FOOT-TRAFFIC LOTS
- Those lots, qualifying neither as sliver lots nor as nondevelopable
lots, with a Property Class Code of 210, 215, 220, 240, 250, 270,
311, or 312, or substantially identical successor designations.[Amended 9-1-2015 by L.L. No. 2-2015]
- NONDEVELOPABLE LOTS
- Those vacant lots not qualifying as sliver lots with a lot square footage less than the lowest minimum lot size requirements for any development under the City of Ithaca Zoning Ordinance for the zoning district in which the lot is located, as certified by the Director of Planning and Development or his or her designee pursuant to Subsection C(3) hereof; provided, however, that if a zoning district has more than one minimum lot size, the relevant minimum lot size for this purpose shall be the smallest minimum lot size for that zoning district that is not subject to adjustments for residency or number of units.
- PAST WORK
- Sidewalk construction or repair performed on a lot located in and subject to assessments as part of a sidewalk improvement district, and permitted by and performed in accordance with the general drawings and specifications established by the Office of City Engineer, provided that such work is performed at the cost of the property owner of the lot upon which the work is performed or funded by documented contributions made to a business improvement district established by Chapter 149 of the City Code by the property owner of a lot located in said business improvement district for the sole purpose of performing sidewalk construction and repair, and provided further that work completed as required by a site plan review pursuant to Chapter 276 of the City Code is excluded.
- PROPERTY CLASS CODE
- The property type classification code, as defined by the New York State Office of Real Property Services in the Assessors' Manual, or such other substantially similar documentation later produced by that office, assigned to a lot by the Tompkins County Department of Assessment, as may be updated by that Department from time to time.
- SIDEWALK CONSTRUCTION OR REPAIR
- Construction or repair of any public sidewalk or footpath intended for the use of pedestrians in a City park or approximately following along the line of the public street or streets upon which the lot fronts, including but not limited to sidewalk curb cuts and curb accessibility ramps, and other actions determined by the Board of Public Works to be necessary to the construction or repair of said sidewalk or footpath, including, but not limited to, any paving, earth work, drainage, and appurtenances; provided, however, that the construction or repair of driveway cuts, aprons, or a pedestrian mall (as that term is defined in § C-89B of the Charter) is excluded.
- SITE CLASS CODE
- The property type classification code, as defined by the
New York State Office of Real Property Services in the Assessors'
Manual, or such other substantially similar documentation later produced
by that office, assigned to each residence on a lot with more than
one residence by the Tompkins County Department of Assessment, as
may be updated by that department from time to time.[Added 9-1-2015 by L.L. No. 2-2015]
- SLIVER LOTS
- Those vacant lots with a lot square footage equal to 2,000 square feet or less.
- VACANT LOTS
- Those lots with a Property Class Code between 300 and 399, or substantially identical successor designations.
Each lot in a SID shall be annually assessed for work to be performed in the district as follows: annual maintenance fee plus square footage fee plus frontage fee less past work reduction.
Square footage fee. The square footage fee for all low-foot-traffic lots and double-low-foot-traffic lots shall be $0. For all other lots, the lot's square footage fee shall be equal to the lot's building square footage times $0.015.
[Amended 9-1-2015 by L.L. No. 2-2015]
Frontage fee. The frontage fee for all low-foot-traffic lots and double-low-foot-traffic lots shall be $0. For all other lots, the frontage fee shall be $30 for each 55 feet of front feet or portion thereof.
[Amended 9-1-2015 by L.L. No. 2-2015]
Past work reduction. A lot's assessment under this section shall be reduced as set forth herein.
A lot is eligible for a reduction for the cost of past work for 20 years from the date the past work was substantially completed ("reduction period"). In each year of the reduction period for which an assessment, if any, is made pursuant to this section, the lot's past work reduction shall be an amount equal to 1/20 of the cost of past work. Should the allowable reduction for the cost of past work be greater than a lot's assessment under this section in any given year, the lot owner shall not be entitled to the difference, and the difference shall not apply to the assessment for any other year.
The lot owner must provide sufficient evidence to the Superintendent of Public Works or his or her designee of the nature and location of the past work performed, the cost of the past work, and the date the past work was substantially completed. Such evidence must be provided no later than May 1 of the year preceding the fiscal year for which the owner seeks a past work reduction; provided, however, that in the first fiscal year following the year of enactment of this section, such proof must be provided no later than the deadline, if any, established by the Board of Public Works, and if no such deadline is established, such proof must be provided no later than February 1 of that fiscal year. If the request is approved by the Superintendent of Public Works or his or her designee, the past work reduction shall automatically recur in each remaining year of the reduction period. The lot owner may appeal the determination of the Superintendent of Public Works or his or her designee to the Board of Public Works at an open meeting thereafter.
Certification of nondevelopable lots. The owner of a lot may file an application with the Director of Planning and Development or his or her designee to have the lot certified as a nondevelopable lot. Such applications must be filed no later than the deadline for providing evidence for a past work reduction pursuant to Subsection C(2)(c) above. Such certification shall be granted only to those lots not qualifying as sliver lots with a lot square footage less than the minimum lot size required for development by the City of Ithaca Zoning Ordinance for the zoning district in which the lot is located at the time of application. Once granted, the certification shall continue to be in effect for the lot, regardless of subsequent changes in ownership, until the end of the fiscal year during which the lot square footage increases for any reason to an amount in excess of the minimum lot size required for development; or the minimum lot size for development, as may be revised or amended from time to time, in the zoning district in which the lot is located, is reduced to an amount equal to or lesser than the lot square footage. The owner of a lot that has received a certification pursuant to this provision shall notify the Director of Planning and Development or his or her designee of any change in the lot square footage.
Appeals and reassessments.
No action or proceeding to set aside, vacate, cancel, or annul any assessment for a local improvement shall be maintained, except for total want of jurisdiction to levy and assess the same on the part of the officer, officers, board, or body authorized by law to make such levy or assessment or to order the improvement on account of which the levy or assessment was made. In the event that a court of competent jurisdiction finds such total want of jurisdiction, this section shall be deemed repealed, and the sidewalk assessment policy in § C-73.1 of the Charter shall automatically take effect.
No action or proceedings shall be maintained to modify or reduce any assessment for a local improvement, except for fraud or substantial error by reason of which the amount of such assessment is in substantial excess of the amount which should have been lawfully levied or assessed.
Any person or persons, jointly or severally, aggrieved by any determination of assessment for a local improvement pursuant to this section may have the decision reviewed by the Supreme Court of New York in the manner provided by Article 78 of the Civil Practice Law and Rules.
Whenever any assessments made under the provisions of this section shall be set aside or shall be decided by any court having jurisdiction thereof to have been improperly or illegally made or whenever it shall be ascertained that the proceedings under which said assessment has been made shall have been so far irregular and erroneous as to make the collection of such assessment illegal, then a reassessment shall be made with the same force and effect as if it had been an original assessment; provided, however, that in the event that no assessment is thereafter successfully levied, those properties affected shall be subject to § C-73.1 of the Charter.
Duties of owner. Nothing herein shall modify or abolish the duty of the owner of lands abutting any street, highway, alley or other public place in the City to keep the sidewalks, approaches or street driveways adjoining such lands free and clear of and from snow, ice and all other obstructions, nor shall anything herein modify or abolish the liability of such owner for any injury or damage caused by reason of omission, failure or negligence to keep such sidewalk free from snow, ice or other obstructions as set forth in § 73.1(B)(1) of the Charter.
Editor's Note: This local law also provided for the renumbering for former § C-73 as C-73.1.
[Amended 9-7-1988 by L.L. No. 1-1988; 4-5-1989 by L.L. No. 3-1989; 8-5-1992 by L.L. No. 3-1992; 10-7-1992 by L.L. No. 8-1992; 7-2-2008 by L.L. No. 4-2008; 9-4-2013 by L.L. No. 3-2013]
The Board of Public Works shall have jurisdiction over the construction, repair and maintenance of all sidewalks, approaches and street driveways abutting any of the streets, highways, alleys and public places in the City and shall have power to make rules and regulations with respect thereto, relating to materials, grade, location, manner and method of construction, dimensions and all other matters in connection therewith, not inconsistent with the provisions of this section.
The Board of Public Works shall have the power to make rules and regulations regarding the removal of ice, snow, and other obstructions from sidewalks and to require the area, if any, between the sidewalk and curb to be kept in a safe condition and the grass on such area, if any, to be properly mowed.
Duties of owner.
The owner of lands abutting any such street, highway, alley or other public place in the City shall construct, repair and maintain the sidewalks, approaches or street driveways adjoining such lands and shall keep the same in a safe state of repair and free from defects and free and clear of and from snow, ice and all other obstructions, and the area, if any, between the sidewalk and curb in a safe condition and the grass thereon, if any, properly mowed. Such owner shall be liable for any injury or damage by reason of omission, failure or negligence to make, maintain or repair such sidewalk and keep it free from defects, snow, ice or other obstructions. Such owner shall also be liable for any violation or nonobservance of any ordinance or regulation relating to making, maintaining and repairing sidewalks, keeping them free from defects and removing snow, ice and other obstructions therefrom. Nothing herein contained shall be construed to prevent such owner, by lease or otherwise, from delegating to a tenant or occupant the duties and liabilities hereby imposed, but such delegation shall not relieve the owner of his/her primary duties and liabilities hereunder.
The construction and repair of such sidewalks, approaches, and street driveways shall be only upon application, in writing, to the Superintendent of Public Works, without expense to the City and in conformity with the rules and regulations of the Board.
Failure to comply.
The Superintendent of Public Works, by notice, given personally or by mail, may require the owner of any land adjoining a sidewalk, approach or street driveway to construct or repair such sidewalk, approach or street driveway in conformity with rules and regulations of the Board of Public Works. In such notice, the Superintendent shall fix a reasonable deadline for the completion of such work, which deadline shall not be less than 60 days after the date of the notice. Upon the failure of the owner to complete such construction or repair within the time limit, the Superintendent of Public Works may cause such sidewalk, approach or street driveway to be constructed or repaired, either by contract or by the Department of Public Works, at the expense of the owner, to be collected as set forth in Subsection E.
Nothing within this section shall prevent the Superintendent of Public Works from demanding or causing the immediate repair or replacement of a sidewalk, approach or street driveway if the failure to immediately repair or replace such sidewalk poses a significant public health or safety risk.
The Superintendent of Public Works may cause the removal of ice, snow or other obstruction from such sidewalk and may cause the area between the sidewalk and curb to be rendered in a safe condition and the grass thereon mowed, at the expense of the owner.
Uniform sidewalk improvements; construction of new sidewalks on a street or part thereof.
On petition of interested property owners or on its own motion, the Board of Public Works may direct that new sidewalks and street driveways be laid on any street or part thereof pursuant to plans and specifications prepared and adopted by it. Before determining to make such improvement, the Board shall hold a public hearing on such proposed improvement upon not less than five days’ notice, given personally or by mail or by publication in the official newspaper. After such public hearing, the Board may determine to make such improvement, either by contract or by delegation to the property owner(s), or by the City, under the direction of the Superintendent of Public Works.
Assessments for sidewalk improvements.
The determination of cost, apportionment and assessment of any sidewalk improvement carried out pursuant to Subsection C or D herein shall be governed by the provisions relating to improvement assessments (in § C-89 of the Charter), except that the entire cost thereof shall be deemed to benefit the adjoining owners.
Any expense incurred by the City pursuant to the provisions of this section shall be billed to the property owner, together with an overhead fee of 25%. The bill shall be payable to the City Chamberlain within 30 days of the billing date or, upon written request to the City Chamberlain within 30 days of the billing date, shall be payable in no more than five annual installments. If any bill or annual installment is not paid by November 1 of each year, the City Chamberlain shall enter the same as a lien against the premises as provided in § C-54 of the Charter of the City of Ithaca. The Chamberlain shall add the same to the next assessment roll of general City taxes and shall collect and enforce the assessment in the same manner and by the same proceedings, at the same time and with the same penalties as the general City tax and as a part thereof, except that, in addition to the penalties provided for in the aforementioned provisions, interest shall accrue on any unpaid balance from the date of billing to the date of actual payment at 12% per annum or $3 per month, whichever is greater.
Those provisions of this § C-73.1 compelling owner construction or repair of sidewalk shall not apply to lots or parcels located in a sidewalk improvement district and subject to an assessment for work performed in that district pursuant to § C-73 of the Charter; provided, however, that those provisions of this § C-73.1 regarding the abutting landowner’s duty to maintain the sidewalks adjoining his or her property free and clear of snow, ice, and all other obstructions, and the landowner’s liability for injuries or damages arising from the landowner’s failure to do so, shall continue to apply to all lots in the City; provided further that this section and related provisions in the City Code shall continue to apply to the construction or repair of driveway cuts or aprons regardless of whether a lot or parcel is located in a district or is subject to such an assessment; and provided further that should a court of competent jurisdiction hold, or the City so concede, that § C-73 of the Charter in its entirety or any district created by that section in particular is invalid or unconstitutional, or that any particular property within any district is not subject to that section, any property thereby determined not to be subject to sidewalk improvement district assessments pursuant to § C-73 shall be subject to the provisions regarding sidewalk construction or repair set forth in this § C-73.1.
The Board of Public Works shall have supervision over all public buildings now opened by the City or hereafter acquired by it and shall provide for their heating and lighting; superintend the making of repairs and all alterations thereto; supervise the construction of all such buildings that may be required for City purposes; and procure necessary equipment, with a general supervision and control over all matters pertaining to such buildings and equipment. The above powers of superintendence shall not be deemed to apply to that portion of said public buildings and equipment exclusively in the Fire Department service.
The Board of Public Works is empowered to take charge and have control of the collection and disposal of garbage in the City of Ithaca and to adopt rules and regulations governing the collection thereof.
[Amended 7-2-1975 by L.L. No. 4-1975]
The Board of Public Works shall have power, by rules and regulations, to require the owners of private property within the City of Ithaca to cut, trim or remove brush, grass, rubbish or weeds and, upon default, may cause such grass, brush, rubbish, weeds or other materials to be cut, trimmed or removed, and the expense thereof shall be a charge against the owner of said land, provided that at least five days' prior notice, to be given in such manner as the Board may determine, shall have been given to such owner requiring compliance with such rules and regulations. Such rules and regulations may designate an officer or employee of the Board for the purpose of carrying into effect the provisions thereof.
Any expense incurred by the Board pursuant to the provisions of this section or Chapter 331, Garbage, Rubbish and Refuse, shall be collected in the following manner: Such expense shall be a lien upon the property to or for which such services were furnished or rendered and shall be collected in the same manner provided for the collection of City taxes and, when they remain unpaid, shall be added to the annual City tax on the property to or for which such services were rendered.
The Board of Public Works and all acting under its authority shall have the right to use the ground or soil under any street or highway in the City for the purpose of introducing water into and through any and all portions of the City, and such right shall be continuous for the purpose of repairing and relaying water pipes. Said Board shall cause the surface of such street, highway or road to be restored to its normal condition.
[Amended 4-22-1997 by L.L. No. 2-1997]
The Board of Public works may, on behalf of the City, grant to a corporation or individual outside of the City the right to make connections with the water mains for the purpose of drawing water therefrom and shall fix the prices and conditions therefor; but the Board shall not sell or permit such use of water if or when thereby the supply or pressure for the City or its inhabitants will be insufficient and may discontinue or terminate such sale or use at any time.
Editor's Note: The City determined during 1996 that several local laws enacted by Common Council during the last 30 years were subject to the mandatory referendum requirement of the New York Municipal Home Rule Law but were not in fact submitted to or approved by referenda. Local Law No. 2-1997 corrects the text of the Ithaca City Code by deleting language inserted pursuant to unapproved and therefore invalid local laws and reinserting the preexisting language which is still legally effective.
[Amended 4-22-1997 by L.L. No. 2-1997]
The Board of Public Works may, in behalf of the City, construct, acquire, purchase, lease, maintain, operate, lay, relay, repair and acquire the right to use in, on, under or along lands, easements or rights in lands acquired by the City of Ithaca, within or without its corporate limits, or in, on, under or along highways, streets, roads, parks or other public places, within or without its corporate limits, water mains and pipes, hydrants, standpipes, reservoirs, dams, pumping stations and other appurtenances for the water system; and said Board of Public Works may, in behalf of the City, grant the right to make connections with such water system and draw water therefrom, either within or without its corporate limits, and shall fix the prices and conditions therefor; and in determining such prices in any particular area, it may take into consideration the amortization of the cost of such general water system and any extensions thereof in such area.
Editor's Note: The City determined during 1996 that several local laws enacted by Common Council during the last 30 years were subject to the mandatory referendum requirement of the New York Municipal Home Rule Law but were not in fact submitted to or approved by referenda. Local Law No. 2-1997 corrects the text of the Ithaca City Code by deleting language inserted pursuant to unapproved and therefore invalid local laws and reinserting the preexisting language which is still legally effective.
The Board of Public Works may also in behalf of the City sell to a corporation or individual outside of the City the right to make connections with and use the sewers of the City and shall fix the prices, terms and conditions therefor; but no such right shall be granted or continued if or when thereby the sewers of the City, or any of them, will be or become insufficient for the purposes of the City and its inhabitants.
The Board of Public Works shall have power to provide for the lighting of the streets, highways, alleys, public places and municipal buildings in the City and, for the protection and safety of the public lamps, to prevent the same from being lighted or extinguished by persons not authorized so to do and to provide rules and regulations concerning the same and penalties for willful violation of the rules and regulations so prescribed or willful injury of lighting appliances.
The Board of Public Works shall take charge and have control over such other department or departments as may from time to time be assigned to it by the Common Council of the City of Ithaca and thereupon shall pass such rules and regulations as may be necessary for the proper management of the department or departments so assigned.
The Board of Public Works shall have the power in all of its departments to make repairs or improvements and perform any work contemplated within said departments by the aid of its own employees or by contract and shall have the power to contract for the furnishing of materials and equipment.
When advertising for bids for public works or purchase contracts, the Board of Public Works may require security or certified checks to accompany the bids, assuring the execution and faithful performance of the particular contract upon which the bid is made.
[Amended 7-10-1985 by L.L. No. 1-1985]
The fiscal year of the Board of Public Works shall begin on the first day of January in each year. The Board shall, prior to the first day of March in each year, submit to the Common Council a statement of all salaries authorized by said Board and an estimate of the amount which, in its judgment, is required for the maintenance charge during the year in each department and also the estimated amount needed for any permanent improvement, specifying the nature of such improvement. The Board shall include in the estimated amount required for the Water Department the cost of water for fire and other municipal purposes.
Each separate department shall be credited with the amount that shall be appropriated by the Common Council therefor and charged with the expense thereof. Moneys appropriated for maintenance or for permanent improvements in one department may not be transferred to or used for any other purpose or in any other department until the Board has certified to the Common Council the transfer desired and the occasion thereof and the Common Council has approved of such transfer. No contract shall be made or expense incurred in any department in excess of the amount appropriated to that department and amounts made available pursuant to the Local Finance Law, and the members of said Board shall be personally liable for all expenses or indebtedness incurred in excess of the appropriations by the Common Council to said Board and such amounts made available pursuant to the Local Finance Law.
The Board of Public Works shall, quarterly and at such other times as may be required either by the Mayor or by the Common Council, render to the Common Council an itemized statement of all its receipts and disbursements properly classified and showing the balance on hand at the beginning and at the close of the period covered; and at the close of each fiscal year, it shall submit an annual statement showing, by suitable summaries, the cost and the income of each department. Whenever requested by either the Mayor or by the Common Council, the Board shall also furnish any additional information in regard to its work or the cost thereof.
The Board of Public Works may authorize and direct the payment of bills and accounts incurred by it and may make such rules and regulations in regard to the auditing and payment of said bills and accounts and for the payment of all amounts payable out of the moneys appropriated to the use of the Board and out of the income derived from the operation of the water plant as it may deem necessary and proper, and the same shall be paid by the City Chamberlain. The Board shall file monthly with the Common Council a detailed statement of all bills and expenses paid, together with the original vouchers therefor.
Interests in lands. Whenever the Board of Public Works shall have determined to take and appropriate any lands, interests or easements deemed by it necessary in the execution of any plan or improvement adopted by the Board or in the execution of any part of any plan or improvement in any of the departments under the control and supervision of the Board, which lands and rights shall not have been otherwise acquired, the Board may proceed to the condemnation of the same pursuant to the provisions of the Eminent Domain Procedure Law.
[Amended 8-5-1992 by L.L. No. 3-1992]
Claims barred by condemnation proceedings. All persons upon whom or in respect to whose lands, rights or easements condemnation shall have been had are forever barred from maintaining any claim, right of action or proceeding to recover damages from the City of Ithaca by reason of the making of any improvement, alteration or extension of improvement or work done by the Board or any of the departments under its control or of any change in the flow of any stream or current, except in the condemnation proceedings by which said lands or rights in land were acquired.
[Amended 5-19-1976 by L.L. No. 4-1976; 3-2-1977 by L.L. No. 2-1977]
Authorization of paving and other street work and pedestrian mall. The Board of Public Works, on its own motion or upon petition of owners of abutting property, may consider and tentatively authorize the paving, repaving, resurfacing or surface treatment of any street or portion of a street and the construction of curbs and gutters in any street or portion of a street and the construction, reconstruction of or addition to a pedestrian mall and may determine all matters relating to the type, materials and method of construction thereof. The Board may hold a public hearing in regard to any such improvement and shall hold such a hearing whenever such improvement is assessable as hereinafter provided, after giving notice by publication at least once in a local newspaper not less than five days before such hearing. Any such hearing must be held before the Board and tentatively authorizes such improvement. The Board shall then make an estimate of the cost of such proposed improvement and file with the Common Council such estimate and a requisition for appropriation of the funds necessary for the work.
[Amended 12-7-1983 by L.L. No. 1-1983]
Definition of terms. For the purposes of this section, the following definitions of terms shall be controlling:
- A roadway constructed with or without a cushion or binder, with a base course and a wearing course consisting of blocks or slabs or constructed with a cement or bituminous binder.
- PEDESTRIAN MALL
- A public thoroughfare designed as a promenade for pedestrians from which motorized vehicles are to be restricted or prohibited.
- Renewal of a pavement.
- Renewal of the surface of a pavement.
- SURFACE TREATMENT
- Treatment of the finished surface of a roadway with bituminous material.
Assessment of cost for paving. The cost of the original paving of any street shall be borne as follows: The area of street intersections and 50% of the remainder of such original paving shall be a charge against the City at large, and the remaining 50% shall be a charge against the abutting properties, apportioned according to their respective front-footages. The cost of repaving, resurfacing and surface treatment and the widening of paved streets shall be charged against the City at large, and no part of such expense shall be levied against the owners of abutting properties.
Assessment of cost for construction of curbs and gutters. The cost of original curbs and gutters, when constructed or installed in connection with the original paving of a street anywhere in the City or when constructed or installed in connection with already existing streets in the City, except in those areas of the City zoned R-1a, R-2a, R-3a, R-U, R-1b, R-2b and R-3b, shall be apportioned as follows: Fifty percent of such cost shall be a charge against the City at large, and the remainder shall be a charge against the abutting property owners, apportioned according to their respective front-footages. The cost of construction, installation, renewal or repair of curbs and gutters for already existing paved streets in zoned areas of the City designated R-1a, R-2a, R-3a, R-U, R-1b, R-2b and R-3b shall be a charge upon the City at large.
[Amended 4-5-1978 by L.L. No. 3-1978; 12-7-1983 by L.L. No. 1983]
Assessment of cost of constructing, reconstructing or constructing an addition to a pedestrian mall. The cost of constructing, reconstructing or constructing an addition to a pedestrian mall shall be borne as follows: Not less than 15% shall be a charge against the City at large, and not more than 85% shall be a charge against properties which the Board of Public Works, subject to confirmation by the Common Council, shall determine and specify to be especially benefited, apportioned in accordance with a rate schedule to be established therefor from time to time by the Board of Public Works, to be determined on any equitable basis, including but not limited to a system of classification for purposes of establishing differential rates, which rate schedule shall be subject to confirmation by the Common Council. Before any such rate schedule is finally established, the Board of Public Works shall hold at least one public hearing thereon, after giving notice by publication at least once in a local newspaper not less than five days before such hearing.
Manner of assessment. Upon the completion of any improvement of which all or any part of the cost is charged to abutting owners' properties as above provided, the Board shall cause to be prepared a map and a statement showing the cost thereof and the apportionment and assessment against the respective properties benefited and shall give notice by publication three times in a local newspaper of a public hearing thereon on a date specified, which date shall not be less than 10 days from the first publication, at which time any person interested may appear and be heard in relation thereto. The Board may thereupon alter or correct any such assessment as justice may require, finally approve the same and file a schedule thereof with the Common Council, which shall confirm the same, and when so confirmed, the amount of each assessment shall be a lien upon the real property so assessed. The Council may prescribe and apportion deferred payments, make such regulations as may be deemed advisable for the payment thereof and provide for a percentage addition to any such deferred payments at a rate not exceeding 6% per annum, to be determined and fixed by said Council, together with any fees and expenses which may be incurred in connection therewith. Such assessments, percentages, fees and expenses shall be collected in the manner provided for the enforcement, levy and collection of City taxes.
[Amended 7-10-1985 by L.L. No. 1-1985]
The Board of Public Works may make, alter and modify, publish and enforce from time to time such rules and regulations not inconsistent with the law and any other provisions of this Charter or the ordinances of the City of Ithaca as may be deemed necessary for the conduct of all its departments, for the government of the Superintendent of Public Works and for the performance of all work authorized by it.
Penalties authorized; recovery of damages. The Board of Public Works may prescribe penalties for willful or malicious acts by any person or persons whereby any of the property or rights under the control of the Board in any of its departments shall be interfered with, impaired, obstructed or injured and may enforce the penalties and recover the actual damages sustained thereby in the manner provided in this Charter, crediting the money so recovered to the department to which it properly belongs.
Limitations on penalties for violation of rules and regulations; action to recover penalty. The Board may prescribe penalties, not exceeding a fine of $250 or 15 days' imprisonment, or both, for the violation of any of the rules and regulations adopted by it in any of its departments, which rules and regulations, when regularly adopted, may be enforced by action brought in the name of the City of Ithaca, and the amount so recovered shall be paid to the City Chamberlain and be credited to the department to which the moneys so recovered properly belong. No action shall be brought to recover any penalty for violation of any such rule or regulation unless a notice generally describing the same shall have been published at least once in the official newspaper of the City of Ithaca prior to such violation.
[Amended 4-17-1974 by L.L. No. 2-1974; 8-5-1992 by L.L. No. 3-1992]
Any act whereby any property, apparatus or appliances pertaining thereto which shall be under the power and control of the Board of Public Works in any of its departments shall be willfully or maliciously injured, impaired or obstructed or the water supply shall be rendered less pure shall be deemed a misdemeanor, and the person or persons convicted thereof shall be punished accordingly.