All proceedings, matters and things which shall have been begun but not completed by the city or its departments or officers prior to the date when this Charter takes effect are hereby ratified and confirmed, and may be continued, carried on and completed under the provisions of this Charter as if they were begun and the action and steps taken therein in conformity with the provisions of this Charter.
Proceedings for the levying of taxes and assessments, the collection thereof and the sale of lands for nonpayment thereof pending and incomplete on the date when this Charter takes effect shall be carried on and completed under the provisions of this Charter.
If any action or special proceeding is pending in any court on the date when this Charter takes effect involving any proceeding, matter or thing which shall have been begun but not so completed, or involving any proceeding for the levying of taxes or assessments, the collection thereof and the sale of lands for the nonpayments thereof, the validity and effect of all such proceedings, matters and things, taxes, assessments and sales shall be adjudged and determined in such action or proceeding as the same would be adjudged if this Charter had not been enacted.
Nothing contained in this Charter shall be construed to repeal any statute of the state or any ordinance of the city or any rules or regulations of any department thereof or of the Board of Health not inconsistent with the provisions of this Charter, but the same shall remain in full force and effect when not inconsistent with this Charter and are to be construed and operated in harmony therewith. All acts and parts of acts not consistent herewith are superseded.
All officers holding office at the time this Charter goes into effect shall continue in office and in the performance of their duties and in the receipt of their respective salaries until provision shall have been otherwise made in accordance with this Charter for the performance or discontinuance of the duties of any such office. When such provision shall have been made, the term of any such officer shall expire.
The powers which are conferred and the duties which are imposed upon any officer, commission or department of the city under any statute of the state or any city ordinance in force at the time of the taking effect of this Charter shall, if such office or department is expressly or impliedly abolished by this Charter, be thereafter exercised and discharged by the officer, board or department upon whom or which is imposed corresponding or like functions, powers and duties under the provisions of this Charter.
Where any contract has been entered into by the city or by any officer thereof thereunto empowered prior to the time of the taking effect of this Charter, or any bond or undertaking has been given to or in behalf of the city, which contains provisions that the same may be enforced by some officer, board or department therein named, but by the provisions of this Charter such office, board or department is abolished as aforesaid, such contract, bond or undertaking shall not in any manner be impaired, but shall continue in full force, and the powers conferred and the duties imposed with reference to the same shall thereafter be exercised and discharged by the officer, board or department upon whom or which is conferred or imposed corresponding or like functions, powers or duties under the provisions of this Charter.
If any clause, sentence, paragraph, section or part thereof in this Charter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which said judgment shall have been rendered.
The ordinances in force when this local law takes effect shall be reduced to a code and published in pamphlet form. The code of ordinances of the city shall be revised by the Council from time to time, and published in pamphlet form at least every third year thereafter. All ordinances adopted during each calendar year shall be compiled and published on or before the first day of March of the succeeding year.
The Council, the City Manager, the Auditor or any board, commission, officer or person which or to whom the Council may by resolution delegate authority, shall, for the purpose of inquiry into the affairs of the city, have the powers conferred upon an officer, person, board, commission or committee by §§ 358 and 406 of the Civil Practice Law and Rules.
[Amended 4-15-2008 by L.L. No. 1-2008; 1-17-2017 by L.L. No. 1-2017]
On or before the 15th day of January in each year, the City Manager shall designate as the official newspaper a daily newspaper which has been continually circulated in the English language in the City of New Rochelle for at least two years prior to such designation. The City Manager may, however, at his or her discretion authorize special advertising in other newspapers. Any and all requirements in this Charter for publication of official notices in the official newspaper shall be deemed to require publication in the daily official newspaper designated in accordance with this section. The City Manager may direct publication of official notices in both the daily and weekly official newspapers, where appropriate.
No judgment recovered against the city shall be enforced by execution until after an annual tax has been levied and collected in said city, which tax was levied subsequent to the docketing of the judgment in the Westchester County Clerk's office.
No damages may be recovered from the city by reason of change of grade, but the Council may by resolution authorize the construction of retaining walls by the city when a street has been lowered to more than two feet below the top of the curbline of any property, provided that the owner of such property executes and delivers to the city a proper release of all damages or claims against the city by reason of such change of grade or the construction thereof.
[Enacted by Local Law No. 2-1958 (May 7, 1958).]
The Council may, in its discretion, inquire into, hear and determine any claim against the City of New Rochelle which has been certified to said board in writing by the Director of Finance as an illegal or invalid claim against the city, but which, notwithstanding, in his judgment is equitable and proper for the city to pay in whole or in part, and if upon such inquiry the Council by a unanimous vote determines that the city has received a benefit and is justly and equitably obligated to pay such claim and that the interest of the city will be best served by the payment or compromise thereof, it may authorize the Director of Finance to pay the claim, and the Director of Finance shall thereupon pay the claim in such amount as the Council shall so determine to be just, in full satisfaction of such claim, provided that the claimant shall fully release the city, upon any such payment, in such forms as shall be approved by the Corporation Counsel. The provisions of this section shall not authorize the audit or payment of any claim barred by the statute of limitations, nor any claim for services performed under an appointment in violation of any provisions of the Civil Service Law; nor shall the provisions of this section authorize the audit or payment or any claim for legal services incurred for or on behalf of any city officer or any member of any city board, commission, committee or any employee incurred in the defense of any charge against such officer, board member, commission or committee member or employee for misconduct, malfeasance, nonfeasance or misfeasance in connection with his official services or duties unless, prior to the engagement of counsel or the incurring of costs for defense, such officer or member of a board, commission or committee or an employee has made a formal request to the Council of the City of New Rochelle for the employment of legal counsel or the cost of defense and said request was approved and employment of counsel or cost of defense authorized by Council. An appropriation for such claims shall be included in the next annual budget.
(L. 1948, c. 470.)
No vault, cellar, stairway, coal hole or any other structure shall be erected or maintained under the sidewalks of this city unless a permit for the same has been obtained from the Building Inspector. Such permit may be granted by the Building Inspector only upon the payment of an annual license fee to be fixed by ordinance of the Council. Any vault, cellar, stairway, coal hole or any other structure now in existence under the sidewalk may be continued hereafter only upon the payment of the annual license fee fixed by ordinance of the Council for the erection of such cellars, vaults, stairways, coal holes and other structures under the sidewalk. The provisions of this section shall not apply to a corporation operating any part of its business under a franchise from the State of New York.
Between the 15th and 31st days of December of each year the Building Inspector shall prepare and file in his office a list showing the properties where vaults, cellars, stairways, coal holes or other structures are maintained under the sidewalks. Such properties shall be designated by lot and block numbers as the same appear on the official assessment map of the City of New Rochelle. Such list shall also show the annual charge or license fee required to be paid for the use of such vaults, cellars, stairways, coal holes or other structures maintained under the sidewalks for the following year as fixed by ordinance. Within 10 days after the filing of such list the Building Inspector shall cause to be published in the official newspaper a notice stating that the list has been filed and specifying the time and place where the same may be examined. The period for such examination shall not be less than five full days after the date of the publication. During such period of examination, the Building Inspector shall hear any objections to the list and shall pass upon all objections, and he shall have authority to alter and correct the list. Within 10 days after the last day specified for the examination of the aforesaid list, the Building Inspector shall file the said list with the corrections, if any, with the Director of Finance, together with a copy of the notice published, and from the hour of such filing the amount of the fees specified in the said list shall be a lien upon the property affected thereby. Penalties at the rate of 7% per annum shall be charged for payment of the fees made more than 30 days after the filing of the list with the Director of Finance. Failure on the part of the Building Inspector to prepare or publish the list in the manner herein prescribed shall not invalidate the lien for the license fee hereinabove specified.
[Enacted by Local Law No. 2-1935 (September 16, 1935); amended by local Law No. 2-1988 (November 22, 1988).]
The Mayor may appoint Commissioners of Deeds to hold office for two years from the dates of their appointments. Such Commissioners shall have the authority within the City to take affidavits and acknowledgments and upon qualifying shall pay the City Clerk a fee of $10.
[L. 1948, c. 470 (effective April 24, 1948); amended by Local Law No. 1-1991 (January 22, 1991); Local Law 9-1997 (July 16, 1997); Local Law No. 4-2000 (June 20, 2000); Local Law No. 5-2000 (November 21, 2000); Local Law No. 7-2003 (May 21, 2003); Local Law No. 11-2003 (July 15, 2003).]
(a) 
It shall be the duty of every owner of any occupied or unoccupied lot or piece of land or any part thereof within the City of New Rochelle to keep the sidewalks and curbs adjoining his or her lot or piece of land at all times in repair, free of defects, clean and free from snow, ice or other obstruction. Property owners are responsible for the replacement of deteriorated or defective curbs.
(b) 
It shall be the duty of every owner of any occupied or unoccupied lot or piece of land or any part thereof within the City of New Rochelle to remove new ice and freshly fallen snow from such sidewalks before 12:00 noon of each day and to keep the same cleaned at all times.
(c) 
In the event that the Commissioner of Public Works receives notice of a defective condition of a sidewalk or curb pursuant to Article XII, Section 127A, of this Charter or the City receives a notice of claim pursuant to § 50-e of the General Municipal Law alleging such a defect, the Commissioner of Public Works shall cause the area of the alleged defect to be inspected and a report to be made to the Commissioner of Public Works concerning the existence and extent of the alleged defect.
(d) 
In the event that any owner of any occupied or unoccupied lot or piece of land or any part thereof within the City of New Rochelle shall fail to maintain the sidewalks and curbs adjoining his or her lot or piece of land as required by Subdivisions (a) and (b) above, whether the failure be determined through the procedure of Subdivision (c) above or otherwise, the City shall serve written notice upon such owner by certified mail to his or her last known address or place of residence, if known, and, if not known, then to the address shown upon the records of the Department of Finance for the mailing of tax bills. In the case of a corporate owner, the notice shall be sent to the agent or a principal of the corporation as shown in the records of the Department of Finance or, if not so shown, then to the address shown upon the records of the Department of Finance for the mailing of tax bills and, if not so shown, then to the Secretary of State designated as agent for the service of process in the State of New York. However, in the case of ice or snow, the City may proceed to clean the sidewalks and curbs by entering contracts therefor and making payment out of available funds or by use of City forces and equipment without first serving such notice. The City shall keep records of the cost of such work and, following said cleaning, shall serve notice as set forth herein.
(e) 
The notice, in the case of a repair to a sidewalk or curb, shall specify the provisions of this section deemed to have been violated, require the owner to correct the condition or to produce written proof of diligent pursuit toward correction of the condition all within 30 days of the date of such notice and provide that if the owner fails to so timely correct, the Department of Public Works may cause the required repair to be made and assess a lien against the property for the cost of the repair together with an additional ten-percent administrative fee for costs of inspection and other incidental costs associated with abating the condition. The notice shall advise the owner of the right to a hearing before the Commissioner of Public Works or such Commissioner's designee, obtained by written request to the Commissioner of Public Works within the time specified for compliance by the notice. The notice, in the case of snow or ice, shall specify the provisions of this section deemed to have been violated and advise the owner of the cost of the cleaning together with an additional ten-percent administrative fee for costs of inspection and other incidental costs associated with abating the condition and the right to a hearing obtained by written request to the City within 10 days of the date of the notice.
(f) 
Should such owner fail to comply with the provisions of this section, after notice, the City may shall cause the repair to be made by entering contracts therefor and making payment out of available funds, except that, if the Commissioner of Public Works determines that an emergency exists, the City may order the work or repair to be made by or on behalf of the City. The City shall keep records of the cost of such work.
(g) 
Should work be performed by or on behalf of the City in cleaning, repairing or maintaining sidewalks or curbs after notice has been given pursuant to this section and the owner's time for compliance has run out, the cost of such work, together with an additional ten-percent administrative fee for costs of inspection and other incidental costs associated with abating the condition, shall be assessed as a lien against the adjoining property. Notice shall be given to the Commissioner of Finance specifying the property affected by lot and block numbers as the same appear on the Official Tax Assessment Map of the City of New Rochelle, together with the costs incurred in cleaning, repair and/or maintenance together with an additional ten-percent administrative fee for costs of inspection and other incidental costs associated with abating the condition, and, from the hour of filing, the amount of the charges specified in said notice to the Commissioner of Finance shall be a lien upon the property affected thereby. A copy of this notice shall be served by certified mail upon the owner of the affected property, in the manner specified in Subdivision (d) above. The costs specified, if not paid by or on behalf of the owner within 10 days of notice, or within 30 days of notice if the owner has prior authorized the City to undertake the work on behalf of such owner within the initial thirty-day notice period in Subdivision (e) above, shall be added to and collected with the subsequent City property tax levy, and shall bear interest and be enforced as provided by law for other City taxes.
(h) 
This section shall not affect ordinances now in existence nor ordinances which may hereafter be enacted by the Council providing for the maintenance of occupied or unoccupied lots, lands or parts thereof.
(i) 
No action for damages may be maintained against the City by reason of its failure to comply with any of the provisions of this section or any other section of this Charter regarding the removal of snow and ice, maintenance and/or repair of the sidewalks and curbs of the City.
(j) 
In the event that any owner of any occupied or unoccupied lot or piece of land or any part thereof within the City of New Rochelle shall fail to maintain the sidewalks and curbs adjoining his or her lot or piece of land as required by Subsection (a) and (b) above, whether the failure be determined though the procedure of Subdivision (c) above or otherwise, said owner shall be liable to any persons injured as a result of such failure and the City of New Rochelle shall not be liable.
[L. 1956, c. 401 (Effective April 6, 1956); repealed and reenacted by Local Law No. 8-1997 (June 17, 1997).]
(a) 
For the purpose of this section, an "excavation" shall mean any uncovered cutting or cavity in the earth of any depth or size created by the removal of earth, stone, topsoil or any other substance. An "abandoned excavation" shall mean any excavation, whether created in the course of a building operation or otherwise, and regardless of whether a building permit has been issued for the same, which said excavation has remained in an open and unfinished condition for a period of six months or more, and, further, an "abandoned excavation" shall mean any excavation as herein defined for which a building permit was issued and where the building operation under said permit is arrested prior to completion and the permit therefor allowed to lapse.
(b) 
Any excavation which has been abandoned as herein defined shall be filled in to the original level of the ground, and any topsoil removed shall be replaced by the owner, lessee or occupant of the property where such excavation exists. Should any such owner, lessee or occupant fail to fill in such excavation and replace any topsoil removed within 10 days after notice in writing from the Building Official delivered by certified mail, the City may proceed to fill in the same and replace any topsoil removed. The cost of such filling and replacement of topsoil shall be assessed against the property where such excavation exists, pursuant to the procedures set forth in Section 200 of this Charter.
[Enacted by Local Law No. 6-1997 (April 8, 1997);[1] amended by Local Law No. 11-1997 (June 17, 1997; Local Law No. 3-2003 (December 10, 2002).]
A. 
Authorization to sell or lease.
1. 
Procedure. A sale or lease of real estate belonging to or under the control of the City may be made or authorized by a majority vote of all the members of the Council and shall not be subject to referendum or to any of the other provisions of § 23, Subdivision 2b, of the General City Law. In the case of a proposed sale or lease of real estate, the ordinance must provide for a disposition of the same by public auction, request for proposals, or negotiation under such terms, conditions and restrictions as the Council may deem to be for the best interest of the City and, if by public auction or request for proposals after public notice to be published at least once each week for three successive weeks. The Council may reserve to itself the right to reject any or all bids.
B. 
Conduct of sales.
1. 
Authorization for Commissioner of Finance to conduct sale. The Commissioner of Finance is hereby authorized and directed to conduct all sales of city property in the manner provided for by Subsection A of this section (Local Law No. 1-1963, enacted July 10, 1963), unless otherwise specified or directed by the City Council.
2. 
Public notice of sale. There shall be included in each public notice of sale a brief description of the property by Tax Map, block and lot number. Additional description of the property, such as whether improved or unimproved, and the street number address may be included in such notice. Failure to comply with these provisions shall not invalidate the public notice of sale. The terms of sale to be contained in the public notice shall contain such other terms and conditions as shall be satisfactory to the City Manager and approved by the Director of Law.
3. 
Applicability. This section shall be applicable to all sales authorized by the City Council.
C. 
Disposition of real property acquired through in rem foreclosure.
1. 
Retention of ownership or proceeds of sale. Whenever the City of New Rochelle shall become vested with title to real property by virtue of a foreclosure proceeding brought pursuant to Article 11 of the Real Property Tax Law, it may retain ownership of the real property so acquired or sell and convey the same through a negotiated sale or bidding process. The city shall retain the entire proceeds from any such sale and conveyance. Such moneys shall be deposited in the general funds of the city.
D. 
Brokers' commissions.
1. 
Procedure for determining commission. A broker shall be entitled to receive commissions on the sale of city property at such rate as may be agreed upon between such broker and the City Manager upon such terms as are approved and accepted by the City Council and title actually closes. The City Manager is hereby authorized to agree upon brokerage commission rates up to but not in excess of 6% of the sale price.
2. 
Approval of bid by Council required. No commission shall become due or payable unless and until the final bid is approved by the City Council where such approval is necessary under the terms of the resolution or ordinance directing the sale to be held at public auction.
3. 
Registration of broker and prospective purchaser. Before a broker shall be entitled to a commission for producing a purchaser at the public auction, he shall register his name, together with the name of his prospective purchaser, with the person in charge of the sale and execute an agreement in writing with the City Manager for the brokerage rate payable prior to the time the bidding takes place.
4. 
When payable. Commissions as above described shall be payable only if, as and when title actually passes to the purchaser procured by the broker.
E. 
Negotiated real property sales.
1. 
Authorization. The City Council may authorize the City Manager or any other city official to negotiate a lease, negotiate a sales price or to convey a parcel of city-owned real estate at a price to be established by an independent appraisal. The execution of any such agreements shall be subject to the approval of the City Council.
[1]
Editor's Note: This section was originally included in the Code as Ch. 17, City-Owned Property adopted as follows: Art. I, 7-10-1963 by L.L. No. 1-1963; Art. II, 12-12-1983 by Ord. No. 282-1983; Art. III, 12-14-1993 by L.L. No. 6-1993; Art. IV, 2-18-1975 by Res. No. 49; Art. V, 10-24-1989 by Res. No. 245.
[Enacted by Local Law No. 8-1997 (June 17, 1997); amended by Local Law No. 7-1998 (5-19-1998); Local Law No. 1-2012 (12-11-2012)]
(a) 
In the event that any owner of any occupied or unoccupied lot or piece of land or any part thereof within the City of New Rochelle shall fail to maintain or repair the same as required by this Charter and/or by city ordinance, such owner may, in addition to or in lieu of other remedies, be served by certified mail to his or her last known address or place of residence, if known, and, if not known, then to the address shown upon the records of the Department of Finance for the mailing of tax bills. In the case of a corporate owner, the notice shall be sent to the agent or a principal of the corporation as shown in the records of the Department of Finance or, if not so shown, then to the address shown upon the records of the Department of Finance for the mailing of tax bills and, if not so shown, then to the Secretary of State designated as agent for the service of process in the State of New York.
(b) 
The abatement notice shall specify the provisions of the Charter and/or city ordinance deemed to have been violated, require the owner to correct the condition within 10 days and provide that if the owner fails to do so, the city shall cause the required work or repair to be made and assess a lien against the property for the cost of the work or repair together with an additional fee as specified in § 133-1 of the Municipal Code for costs of inspection and other incidental costs associated with abating the condition. The notice shall advise the owner of the right to a hearing, obtained by written request to the city within the time specified for compliance by the notice. The notice shall specify the provisions of the Charter and/or city ordinance deemed to have been violated and the right to a hearing obtained by written request to the city within 10 days of the date of the notice. If the city determines that an immediate emergency exists, the city may undertake or cause to be undertaken such work or repair prior to the expiration of the ten-day notice period.
(c) 
Should such owner fail to comply with the abatement notice, the city may cause the work or repair to be made by entering contracts therefor and making payment out of available funds, except that, if the city determines that an emergency exists, the Commissioner may order the work or repair to be made by or on behalf of the city. The city shall keep records of the cost of such work.
(d) 
Should the work or repair be performed by or on behalf of the city after notice has been given pursuant to this section and the owner's time for compliance has run out, the City shall advise the owner in writing of the cost of such work or repair, together with an additional fee as specified in § 133-1 of the Municipal Code for costs of inspection and other incidental costs associated with abating the condition and subsequent thereto, the owner shall have the right to request a hearing to challenge the cost of such work or repair within 10 days of said notice. The cost of the work or repair as finally determined together with the administrative fee and all incidental costs shall be assessed as a lien against the affected property. Notice shall be given to the Commissioner of Finance specifying the property affected by lot and block numbers as the same appear on the Official Tax Assessment Map of the City of New Rochelle, together with the costs incurred in undertaking such work or repair together with an additional fee as specified in § 133-1 of the Municipal Code for costs of inspection and other incidental costs associated with abating the condition, and from the hour of filing, the amount of the charges specified in said notice to the Commissioner of Finance shall be a lien upon the property affected thereby. A copy of this notice shall be served by certified mail upon the owner of the affected property, in the manner specified in Subdivision (a) above. The costs specified, if not paid by or on behalf of the owner within 30 days of notice, shall be added to and collected with the subsequent city property tax levy, and shall bear interest and be enforced as provided by law for other city taxes.