[Amended by L. 1911, Ch. 699; L. 1916, Ch. 200; L. 1922, Ch. 613]
The general legislative power of the city is vested in the common council, and it shall have, in addition to the powers vested in it by the charter of said city and hereinafter conferred in this act, the management and control of the finances and all property, real and personal, belonging to said corporation, and shall have power to do all such acts and make such ordinances, rules, police regulations and bylaws, not inconsistent with the laws of the United States, as they may deem necessary to carry into effect any general power, the powers conferred upon it by this act or by any other laws of this state, and such also as they may deem necessary for the good government, order and protection of persons and property, and for the preservation of the public health, peace and prosperity of said city and its inhabitants. It shall also have all powers given to the common councils of cities generally, or cities of the third class by general legislative enactment.
[Amended by L. 1922, Ch. 613; L.L. No. 1-2009; L.L. No. 1-2022]
The alderman shall constitute the common council. Its members shall meet in its chambers, on the first business day of January at eight o'clock in the evening, and organize. The alderman-at-large shall be the president, and shall preside at all meetings, and discharge such other duties as may be prescribed by law or ordinance. He shall appoint all standing committees of the council.
The council shall appoint the time and place of its meetings, which shall be held regularly at least once in each month, and the mayor, president of the common council, or any three aldermen, may call special meetings, by notice in writing, via email, text message and Nixle; the clerk of the council shall also notify each member by telephone. The council shall determine the rules of their own proceedings and be judges of the election and qualifications of their own members, and have power to compel the attendance of absent members from time to time and may punish or expel a member for disorderly conduct, or declare his seat vacated by reason of absence, provided such absence be continued for the space of three mouths. But no expulsion or vacation of the office shall take place except by concurrent vote of two-thirds of all the members elected, nor until the delinquent member shall have an opportunity, after proper notice, to be heard in his defense.
In the proceedings of the common council each member present shall have a vote, including the presiding officer.
The meetings of the Common Council shall be public in accordance with Article 7 of the Public Officers Law.
The minutes of the proceedings shall be open at all times to public inspection.
[Amended by L. 1943, Ch. 710]
A majority of the common council shall constitute a quorum for the transaction of any business, but a smaller number may adjourn from time to time and compel the attendance of absent members; but no tax or assessment shall be ordered, nor any appointment be made except by a concurring vote of a majority of all the aldermen elected and in office; nor, except as otherwise provided by the local finance law, shall any resolution or ordinance be adopted or be binding on said city which shall have for its object the appropriation or payment of money from the treasury of said city, or the creating of any debt or obligation, unless the same has been passed by the concurring vote of a majority of all the aldermen elected and in office; and the votes taken on the passage of any such ordinance or resolution shall in all cases be taken by ayes and noes, and entered on the minutes of the common council; and, except as otherwise provided by the local finance law, no debt or obligation shall be created against said city except by ordinance or resolution of said common council, specifying the amount and object of such expenditure. Whenever any matter or subject shall be referred to any committee of the common council which may involve the payment of money from the city treasury, or any matter or order which may involve the taxation or assessment of any citizen or citizens of said city, or the expenditure of any money on the part of such citizen or citizens, such committee shall report thereon to said common council for their action before any such expenditure, order, taxation or assessment shall be made or take effect.
[Amended by L. 1922, Ch. 613]
The common council shall have power to prescribe the duties of all officers and persons appointed by them, to any office or place whatever, subject to the provisions of this act; to revoke or cause to be revoked any license given under this act, and to remove all officers and persons appointed by them for any neglect of office or misconduct except as hereinafter provided, and shall designate the several standing committees to be appointed by their presiding officer. It may employ an attorney and counsel when the business of the council requires him, and to pay him a reasonable compensation.
[Amended by L. 1922, Ch. 613]
The chairman of any committee or special committee of the common council shall have power to administer any oath or take any affidavit in regard to any matter pending before the common council or such committee. Any person who may be required to take any oath or affirmation or to make any affidavit or statement, under oath or affirmation under or by virtue of any provisions of this act, who shall, under such oath or affirmation in any statement or affidavit, or otherwise, willfully swear falsely as to any material fact or matter, shall be guilty of perjury.
[Amended by L. 1911, Ch. 699; L. 1922, Ch. 613]
All accounts and claims against the said city, and all accounts and claims for services rendered or moneys expended by any officer within said city, which would be charges and accounts against a town if they were rendered and expended by the officers thereof, shall be presented to the common council. The said council shall then hear, examine and determine the same as a board of town auditors and for that purpose shall possess the powers and be subject to the duties of town auditors.
[Amended by L.L. No. 3-1952; L.L. No. 1-2025]
A. 
No civil action may be maintained against the City for damages or injury to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, public building or public park being defective, out of repair, unsafe, dangerous, or obstructed unless, before the occurrence resulting in such damages or injury, (1) notice of the defective, unsafe, dangerous or obstructed condition was delivered to the City Clerk at 16 James Street, Middletown in the form of a written physical hard copy and (2) the City failed or neglected to repair or remove the defect, danger, or obstruction within a reasonable time after being given such notice. Notice of a defect submitted via email, the City's website, any service, website, or application the City uses to allow the public to submit reports or service requests to the City, comments on a social media page maintained by the City, or any other electronic means does not satisfy the process and procedure for submitting written notices of defect required by this Paragraph.
B. 
No civil action may be maintained against the City for damages or injury to person or property sustained in consequence of the existence of snow or ice upon any sidewalk, crosswalk or street unless, before the occurrence resulting in such damages or injury, (1) notice thereof relating to the particular place was delivered to the City Clerk at 16 James Street, Middletown, New York in the form of a written physical hard copy and (2) the City failed or neglected to cause such snow or ice to be removed, or to otherwise reasonably make safe the place within a reasonable time after being given such notice. Notice of a defect submitted via email, the City's website, any service, website, or application the City uses to allow the public to submit reports or service requests to the City, comments on a social media page maintained by the City, or any other electronic means does not satisfy the process and procedure for submitting written notices of defect required by this Paragraph.
C. 
All claims against the City for damages or injury to persons or property alleged to have been caused by the misfeasance or negligence of the City, or any of its officers or employees, shall be presented to the City Clerk at 16 James Street, Middletown in the form of a written physical hard copy within ninety (90) days after the happening of the accident or injury out of which the claim arose. Such writing shall describe the time when, the particular place where, and the circumstances under which damages or injuries were sustained, and the cause thereof. It shall also state so far as then practicable the nature and extent of the damages or injury. It shall also state the place of residence of the claimant by street and number, and if there be no street and number, it shall contain such statement as will disclose the place of residence, and all such claims shall be verified by the oath of the claimant. A copy of each such claim shall be served by mail on the Corporation Counsel. The omission to present such claim within ninety (90) days of such alleged injuries and to commence an action thereon within one (1) year from the time of such alleged injuries shall be a bar to any claim or action therefor against the City, but no action shall be brought upon any such claim until three (3) months have elapsed after the presentation of the claim to the City Clerk. Notice of a claim submitted via email, the City's website, any service, website, or application the City uses to allow the public to submit reports or service requests to the City, comments on a social media page maintained by the City, or any other electronic means does not satisfy the process and procedure for submitting written notices of claim required by this Paragraph.
D. 
The Corporation Counsel shall cause all claims for personal injuries to be thoroughly investigated and to that end the Corporation Counsel or his duly authorized representative may take proof, examine witnesses, and require the claimant, with the privilege of counsel, to appear before and be sworn by a Judge of a Court of Record, or the Mayor, or any Notary Public, and answer orally any questions relative to, or that may assist him in ascertaining the City's liability or the extent thereof. The claimant may designate another time and place for the examination if he shall be physically unable to so appear. Such examination shall be held within ninety days after the presentation of such claim, but the time therefor may be further extended by any Judge of a Court of Record, on notice to both parties. Where such examination is required, no action shall be commenced on the claim until the examination is held.
E. 
Nothing contained in this section shall be held to repeal or modify any existing requirement or statute of limitations applicable to this class of injury, but on the contrary shall be held to be an additional requirement for the right to maintain such action. Nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the City any greater duty or obligation than that it shall keep its streets and public places in a reasonably safe condition for public use and travel.
F. 
The Council shall have the power to pay, compromise or settle any such claim which may be made against the City for damages, provided such claim is presented within the time and in the manner hereinbefore prescribed and the sum or sums so expended shall be included in the amount to be raised by tax for general purposes as herein provided.
[Amended by L. 1909, Ch. 389; L. 1911, Ch. 699; L. 1922, Ch. 613]
The common council shall have the power within said city to make, establish, publish and modify, amend and repeal rules, regulations and ordinances for the following purposes:
a. 
To prevent the sale of intoxicating liquors, goods or merchandise, or the performance of work or labor, for hire, on Sundays; to prevent vice and immorality; to prevent and quell riots and disorderly assemblages and preserve peace and good order; to restrain and suppress disorderly and gaming houses, houses of ill-fame, houses and places where intoxicating liquors are sold to be drunk, to prohibit the sale of intoxicating liquors without license, or contrary to law, and to prohibit all gaming and fraudulent devices within the said city.
b. 
To prohibit, restrain and regulate all public, theatrical or circus performances, shows or wax figures, wild or tamed animals, mountebanks or other public exhibitions or performances for money, shows or performances by common showmen and all places of public amusement for which an entrance or other fee is charged; and to require, fix the amount of, and provide for the collection of license fees therefor; but the common council may, in its discretion, issue and grant to the proprietor of any public hall or other place of public amusement in said city, a license by the year or for such period of time as it deems proper, for such sum as to it shall seem just, which license shall cover and authorize all exhibitions and entertainments which, during said period of time, may take place in such public hall or place of public amusement without other or further license; provided, however, that said common council may at any time prohibit any exhibition or entertainment in such hall or place of public amusement which, in its judgment, shall be of an indecent character.
c. 
To prevent horse racing and immoderate driving in the streets of said city; to prohibit and punish the flying of kites and every other game, practice or amusement in the public streets or elsewhere, having a tendency to frighten teams and horses, or to injure or annoy persons passing in or along the highway or streets of the city, or to endanger property; and to prevent the leaving of horses standing in the public streets of the city loose and unattended.
d. 
To prohibit, regulate and determine the places of bathing in the streams and ponds within said city.
e. 
To restrain and punish vagrants, mendicants, street beggars and common prostitutes.
f. 
To prevent and regulate the ringing and tolling of bells, blowing of horns, or crying of goods or wares, firing of guns, powder or other explosive compounds, and the making of any improper noise, which may tend to disturb the peace of the city, or the sale and use of firecrackers, rockets, squibs or other explosive compounds.
g. 
To make regulations for taxing and confining dogs, and for destroying such as may be found running at large contrary to any ordinance, and to regulate and restrain their running at large; to establish and regulate public pounds, and to appoint all necessary poundmasters, and prescribe their duties; to restrain the running at large of cattle, horses, swine, sheep, goats and fowls, and to authorize the distraining, impounding and sale of the same for the penalty incurred, and costs of keeping and proceedings.
h. 
To direct the keeping and returning of accurate records of marriages and births in said city, and the keeping and returning of bills of mortality. The common council shall cause an account book to be opened and kept by the clerk of said city, wherein all the expenditures and payments made on account of said city shall be respectively entered under their proper heads.
i. 
To regulate the sale of fish, meats and vegetables within said city; to regulate or prohibit the making or keeping of market for the sale of meat or fish, except at such places as the common council shall designate, and to regulate or prohibit the erection, keeping or using of slaughterhouses within the said city.
j. 
To provide for the lighting of said city and the streets thereof and the protection and safety of the public lamps.
k. 
To regulate and restrain hawking and peddling on the streets.
l. 
To license and regulate auctioneers, carriers, teamsters, carmen, porters, cabmen, the drivers of hackney coaches, stages or omnibuses, for the transportation of passengers, hawkers, peddlers and sweeps, within the city, and to prohibit unlicensed persons from acting in either of such capacities, to fix their rates of compensation, to require them to have licenses and to fix amounts to be paid therefor. To regulate runners, stage drivers and others in soliciting passengers and others to travel or ride in any stage, omnibus, or upon any railroad, or to go to any hotel or otherwise.
m. 
To prohibit and prevent the unnecessary obstruction of streets by railway locomotives and cars; to regulate and control their running and rate of speed and the length of time they may be allowed continuously to stand or impede travel upon any street or crossing said city. To regulate and compel railway companies to provide and keep flagmen and watchmen at such points and places, and to regulate and maintain such proper lights, hoist or other gates or bars at street crossings deemed dangerous by said common council, in such manner as said common council may deem necessary for the safety and convenience of the public. To regulate and prohibit the omission of smoke or gases from any building, machine, automobile, boiler or engine whatsoever, stationary or locomotive, when the same may tend to the injury of corporate or private property or rights within the city.
n. 
To prevent and regulate the setting and stringing of telegraph and telephone and electric poles and wires in said city, and to regulate and control the laying, maintenance and repair of subways, conduits, mains and pipes in and under the streets; to order and require any cables or wires to be put under the ground provided however that the owner of such cables or wires shall have the option of removing its overhead cables or wires from such streets to such other streets that may be designated by the common council as a reasonable and practicable route for overhead cables or wires.
o. 
To require the owners or occupants of lots upon the streets of said city to enclose the same by suitable fences or railings, as the common council may deem necessary for the protection of the public.
p. 
To regulate the burial of the dead, to protect public cemeteries and to restrict and prevent the extension of their limits, and to prevent the burial of the dead within the limits of the city, whenever the common council shall deem it necessary.
q. 
To plant, direct and regulate the planting of shade and ornamental trees along the streets, sidewalks and public grounds of said city to prevent injury to and protect them and to prevent the injury and defacement of fences, posts and buildings in said city.
r. 
To permit building material to be deposited on the streets in front of any lot to such an extent and for such time as they may prescribe. To regulate excavations in the public streets of the city and require reasonable fees therefor.
s. 
To give names to streets and numbers to the lots and tenements, and to change the name of streets on the petition of a majority of landowners on the same.
t. 
To receive in the name of the city of Middletown the title to real or personal property by gift.
u. 
For the government of the police department and for regulating the powers and duties of its officers and members. To establish a police pension fund or to maintain any such fund which has been established.
v. 
To designate such newspaper or newspapers printed in said city, to be known as official paper or papers in which shall be published the ordinances, rules, regulations, bylaws and official notices.
w. 
To make such reasonable regulations and ordinances as to the rate of speed of cars and removal of ice and snow by street surface railroad corporations as the interest or convenience of the public may require, and to provide that any such corporation whose agents or servants shall negligently or willfully violate such an ordinance or regulation shall be liable to the city for a penalty not exceeding five hundred dollars, to be specified in such ordinance or regulation, to be recovered by said city for the use of the highway fund.
x. 
To regulate and prohibit the presence in or upon any of the streets, alleys, public parks or places in the city of Middletown at night, after such hours as shall be determined and specified, of any children under such age as shall be determined and specified unaccompanied by parent, guardian or other person having legal custody or control of such children and to make it unlawful for any parent, guardian or other person having legal custody or control of any child under such determined and specified age, to permit such child to be or remain in or upon any of the streets, alleys, public parks or places in said city, after the hour at night as determined and specified when prohibited. To prescribe penalties for the violation of said ordinance, and to prescribe regulations for the police force in the city of Middletown for the enforcement of the same, and for the recorder of the recorder's court of said city of Middletown for the punishment of such persons guilty of violations of the terms of said ordinance.
[Added by L.L. No. 3-1957;[1] amended by L.L. No. 6-1978; L.L. No. 5-1998]
1. 
Dangerous buildings defined. All buildings or structures whether occupied or vacant which have any or all of the following defects shall be deemed "Dangerous Buildings":
(a) 
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb-line passing through the center of gravity falls outside of the middle third of its base.
(b) 
Those which, exclusive of the foundation, show twenty-five (25) per cent or more, of damage or deterioration of the supporting member or members, or fifty (50) per cent of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
(c) 
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
(d) 
Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants, neighboring property or the people of the City of Middletown.
(e) 
Those, which have become or are so dilapidated, decayed, unsafe, insanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein.
(f) 
Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein.
(g) 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.
(h) 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(i) 
Those which because of their condition are unsafe, insanitary, or dangerous to the health, morals, safety or general welfare of the people of this city.
(j) 
Those buildings existing in violation of any provision of any Ordinance or resolution of the City of Middletown or in violation of any law of the State of New York.
2. 
Standards for repair, vacation or demolition. The following standards shall be followed in substance by the Building Inspector and the Commissioner of Public Works in ordering repair, vacation or demolition:
(a) 
If the "dangerous building" can reasonably be repaired so that it will no longer exist in violation of the terms of this title it shall be ordered repaired.
(b) 
If the "dangerous building" is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants it shall be ordered to be vacated.
(c) 
In any case where a "dangerous building" is 50 per cent or more damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this title it shall be demolished. In all cases where a "dangerous building" is a fire hazard existing or erected in violation of the terms of this title or any ordinance of this city or statute of the State of New York, it shall be demolished.
3. 
Dangerous building-nuisance. All "dangerous buildings" within the terms of Section 1 hereof are hereby declared to be public nuisances, and shall be repaired, vacated, or demolished as hereinbefore and hereinafter provided.
4. 
Duties of Building Inspector. The Building Inspector shall:
(a) 
Inspect all public buildings, halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings, and may inspect all other buildings and structures, including residences, for the purpose of determining whether any conditions exist which render such places a "dangerous building" within the terms of Section 1 of this title.
(b) 
Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this title.
(c) 
Inspect any building, wall or structure reported (as hereinafter provided for) by the Fire or Police Department of this City as probably existing in violation of the terms of this title.
(d) 
Notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the records of the Clerk of the County of Orange, of any building found by him to be a "dangerous building" within the standards set forth in Section 1 herein, that: (1) the owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this title; (2) the occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession; (3) the mortgagee, agent or other persons having an interest in said building as shown by the records of the Clerk of the County of Orange may at his own risk repair, vacate, or demolish said building or have such work or act done. Provided that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
(e) 
Set forth in the notice provided for in subsection (d) hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure a "dangerous building" and an order requiring the same to be put in such condition as to comply with the terms of this title within such length of time, not exceeding 30 days, as is reasonable.
(f) 
Report to the Commissioner of Public Works any noncompliance with the "notice" provided for in subsection (d) and (e) hereof.
(g) 
Appear at all hearings conducted by the Commissioner of Public Works, and testify as to the condition of the "dangerous buildings."
(h) 
Place a notice on all "dangerous buildings" reading as follows:
"This building has been found to be a dangerous building by the Building Inspector. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this building, and all other persons having an interest in said building as shown by the records of the Clerk of the County of Orange. It is unlawful to remove this notice until such notice is complied with."
5. 
Duties of Commissioner of Public Works. The Commissioner of Public Works shall:
(a) 
Upon receipt of a report of the Building Inspector as provided for in Section 4, subsection (f) hereof, give written notice to the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building as shown by the records of the Clerk of the County of Orange to appear before him on the date specified in the notice, such date to be not less than 10 days after service of such notice, to show cause why the building or structure reported to be a "dangerous building" should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in Section 4, subsection (e).
(b) 
Hold a hearing and hear such testimony as the Building Inspector, the owner, occupant, mortgagee, lessee, or any other person having an interest in said building as shown by the records of the Clerk of the County of Orange and any other person or persons called as a witness by any of the foregoing, shall offer relative to the "dangerous building."
(c) 
Make written findings of fact from the testimony offered pursuant to subsection (b) as to whether or not the building in question is a "dangerous building" within the terms of Section 1, hereof.
(d) 
Issue an order based upon findings of fact made pursuant to subsection (c) commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the records of the Clerk of the County of Orange, to repair, vacate or demolish any building found to be a "dangerous building" within the terms of this title and provide that any person so notified, except the owners, shall have the privilege of either vacating or repairing said "dangerous building"; or any person not the owner of said "dangerous building" but having an interest in said building as shown by the records of the Clerk of the County of Orange may demolish said "dangerous building" at his own risk to prevent the acquiring of a lien against the land upon which said "dangerous building" stands by the city as provided in Section 6, hereof.
6. 
Powers of Common Council, assessment of costs. If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in Section 5, subsection (d), within 10 days, the Commissioner of Public Works shall report such fact to the Common Council in writing, and transmit to the Common Council at such time a copy of his written findings of fact and of the order provided for in Section 5, subsections (c) and (d). The Common Council by resolution or ordinance shall authorize and direct the Commissioner of Public Works to cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinbefore provided for in Section 2 of this title. The costs of such repair, vacation or demolition shall be charged against the land on which the building exists as a special assessment, which special assessment shall be levied and collected in the manner herein provided for the collection of taxes and assessments for city purposes.
7. 
Manner of serving notices. In all cases where notice or orders provided for herein are required to be served, such service shall be made upon the necessary persons either by registered mail directed to such persons at their last known address or by personal service of such notice or order upon such persons, and a copy of such notice or order shall be posted in a conspicuous place on the dangerous building to which it relates. Such mailing or personal service and posting shall be deemed adequate service.
8. 
Administrative liability. No officer, agent or employee of the City of Middletown shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this title. Any suit brought against any officer, agent or employee of the City of Middletown as a result of any act required or permitted in the discharge of his duties under this title shall be defended by the Corporation Counsel until the final determination of the proceedings therein, and any judgment against any such person shall be paid by the City of Middletown.
9. 
Duties of Fire Department and Police Department. All members of the Fire and Police Department shall bring to the attention of the Building Inspector any buildings or structures which are, may be or are suspected to be dangerous buildings within the terms of this title.
10. 
The proceeds of every insurance policy insuring the interest of an owner and insuring any real property within the corporate limits within the City of Middletown upon which there is erected any residential, commercial or industrial building or structure shall be subject to a lien in favor of the City of Middletown for any unpaid taxes, special ad valorem levies, special assessments and municipal charges arising by operation of law against such property in favor of the City of Middletown (including, but not limited to, the potential or actual cost of demolition of such property by the City of Middletown in the event demolition is necessary due to fire damage or other damage), which lien shall be prior to all other liens and claims, except the claim of a valid mortgage of record named in such policy. The lien of the City of Middletown against such proceeds (or any actual proceeds received by the City, if the City has received such proceeds) shall be released by the Treasurer of the City of Middletown (and, in the case of proceeds, returned to the insured) if the insured agrees with the City of Middletown, in a writing acceptable to the Corporation Counsel, that the insured shall immediately undertake any demolition of the property deemed necessary by the Commissioner of Public Works of the City of Middletown or that the insured shall immediately restore the affected premises to the same condition that it was in prior to the incident which triggered the City's lien against such insurance proceeds. No lien shall be released or proceeds returned by the Treasurer until or unless the insured has deposited such proceeds in an escrow account under terms and conditions approved by the Corporation Counsel or obtained a performance bond (or similar bond) which has been approved by the Corporation Counsel.[2]
Notice of any such lien against insurance proceeds and/or notice of intention to claim against insurance proceeds shall be provided by the Treasurer of the City of Middletown to the New York State Superintendent of Insurance for entry in the appropriate index maintained by the Superintendent for such purposes. The Treasurer shall provide such other notice or certificates with respect to such insurance proceeds as may otherwise be provided or required by law.
The provisions of this Section 33(10) shall not be deemed or construed to alter or impair the right of the City of Middletown to acquire or enforce any lien against the subject real property, but shall be in addition to any other power provided by law or the Charter of the City of Middletown to acquire or enforce such right.
[2]
Editor's Note: This Subsection 10 was amended by L.L. No. 3-1981, which local law was deemed ineffective by L.L. No. 4-1983. Section I of L.L. No. 4-1983 provided as follows: "The Local Law No. 3 of 1981 is ineffective because it was never put to a mandatory public referendum. Therefore, any laws it attempted to replace remain intact and have never been changed." This subsection was subsequently amended in its entirety by L.L. No. 5-1998.
[1]
Editor's Note: This section replaces a previous § 33, which was repealed by L.L. No. 3-1957.
[Amended by L. 1922, Ch. 613]
No law, ordinance, bylaw or regulation shall be rescinded or repealed, unless by a two-thirds vote of all members elected to the common council.
[Amended by L. 1922, Ch. 613; L.L. No. 1-2009]
The Common Council shall have power to enforce observance of all provisions of this Charter through enactment of ordinances and by civil actions at law or in equity in any court of competent jurisdiction.
[Amended by L. 1922, Ch. 613; L.L. No. 1-1934; repealed by L.L. No. 1-2009]
[Amended by L. 1922, Ch. 613]
The entries in the books of bylaws, journals and minutes of the common council, board of estimate and apportionment, and board of health or certified or sworn copies thereof, shall be presumptive evidence in all courts and places of the matters of fact therein stated, and the certificate of the clerk shall be sufficient evidence of the authenticity of such journals and minutes and books of bylaws and copies. Such certificate of the clerk to a copy shall show that he has compared such copy with the original on file or on record in his office, and that the same is a correct copy or transcript thereof or therefrom, and of the whole of such original; and every such ordinance, resolution or bylaw may be read in evidence in all courts and legal proceedings, from the volume of bylaws and ordinances published, or to be published, by order of the common council, without any other proof of the passage or publication thereof; but such publication shall be only presumptive evidence that the same has been duly published in the official newspapers as required by this act.
[Amended by L.L. No. 3-1983; L.L. No. 1-2005]
Every law or ordinance, and every resolution of the Common Council involving the raising, payment or expenditure of money, or involving the laying out, opening, altering, widening, extending, contracting or discontinuing any street, lane or highway, or the grading, curbing, flagging, leveling or paving any street, lane, or highway or constructing or rebuilding any sewer, aqueduct or bridge, shall, before it takes effect, be presented to the Mayor, duly certified by the Clerk of the Common Council. If the Mayor approves of it, he or she shall sign it; if not, the Mayor shall return it with his or her objections and file the same with the Clerk of the Common Council within ten days after the Mayor receives it. Upon the filing of the Mayor's objections, the Common Council may, at its next regular meeting or at a special meeting which may be called not sooner than forty-eight hours after the filing of the objections with the Clerk, vote to override the objections by a two-thirds vote of the membership of the Council. If such two-thirds vote occurs, then the subject law, ordinance or resolution shall take effect. If such law, ordinance or resolution shall not be returned by the Mayor within ten days after he or she has received it, it shall take effect in like manner as if he or she had signed it.
[Amended by L. 1922, Ch. 613]
The common council shall have the power of impeachment of the mayor by resolution, passed by the concurrent vote of three-fourths of all the members elected. The court for the trial of impeachment shall be the supreme court in and for the ninth judicial district.
Any officer appointed or elected under this act may resign his office by giving at least one week's notice in writing of his intention so to do, to the city clerk. Any officer appointed or elected under this act, except mayor or alderman, who shall fail to discharge the duties of his office for the space of one month, shall, unless excused by the common council, be deemed to have resigned his office.
If any person having been an officer of said city shall not, within ten days after he shall have vacated or been removed from the office, and upon notification and request by the city clerk, or within such time thereafter as the common council may allow, deliver over to his successor in office all the property, books and papers belonging to the city, or appertaining to such office, in his possession or under his control, he shall forfeit and pay to the city the sum of five hundred dollars, besides all damages caused by his neglect or refusal to deliver, to be sued for and recovered by the city, with costs.
[Amended by L. 1911, Ch. 699; L. 1922, Ch. 613]
The council may at any time appoint a special committee of its members to inquire whether the laws and ordinances relating to any matter of any department of the city are being faithfully observed, and whether the duties of the officers and employees are being faithfully discharged, and to examine and report whether there are any unnecessary, inefficient or unfit employees or excessive salaries, wages or compensation paid, and to inquire generally in respect to any and all matters which will conduce to the orderly and economical administration of the business of the city. Such committee shall have access to the records of the city, and for the purpose of any such inquiry shall have the powers conferred upon an officer, person, board or committee by law.
The Common Council may prescribe by ordinance rules and regulations for the construction and maintenance of buildings and properties in accordance with the Uniform Fire and Building Code of the State of New York. The Council may enact a comprehensive plan and prescribe by ordinance the establishment of use districts and maps, and procedures for review of subdivisions, special use permits, site plans, and variances in accordance with Articles 2-A, 3 and 5-A of the General City Law.
The council shall have the power by vote of two-thirds of all its members to correct any assessment claimed to be erroneous or invalid by reason of clerical error in overvaluation, upon the application of the party at interest, his agent or attorney, and to remit the tax upon the excess valuation if such tax has not been paid and if the council deems that an injustice has been done, provided that such application is accompanied by a written certificate signed and sworn to by the commissioner of assessment and taxation and stating that the valuation fixed was a clerical error and that he intended to fix a certain other valuation naming such intended valuation. The assessment as corrected by the council must not be lower than the amount named in such certificate.