[HISTORY: Adopted by the Town Board of the
Town of Perinton 8-12-1976 as Ch. 38 of the 1976 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Commissioner of Public Works of the Town of Perinton, Monroe
County, New York.
Department of Public Works of the Town of Perinton, Monroe
County, New York.
Deputy Commissioner of Public Works of the Town of Perinton,
Monroe County, New York.
Town of Perinton, Monroe County, New York.
Town Board of the Town of Perinton, Monroe County, New York.
Town Clerk of the Town of Perinton, Monroe County, New York.
Town Supervisor of the Town of Perinton, Monroe County, New
York.
There is hereby created and established the
Department of Public Works of the Town of Perinton, Monroe County,
New York, hereinafter referred to as the "Department of Public Works,"
as a separate department of government of the town.
[Amended 2-24-2010 by L.L. No. 1-2010; 5-23-2012 by L.L. No. 1-2012; 12-18-2019 by L.L. No. 2-2020]
A.Â
The Department of Public Works shall be responsible for:
(1)Â
The construction, repair, maintenance and cleaning of all Town highways,
Town bridges and Town parking facilities and the removal of snow therefrom.
(2)Â
The construction, repair, maintenance and cleaning of all Town buildings
and facilities and the buildings and facilities of every improvement
district or other district or agency thereof.
(3)Â
The installation and maintenance of traffic signals, other traffic
control devices and street signs on all Town highways, Town bridges
and Town parking facilities.
(4)Â
The construction, repair, maintenance and cleaning of storm drainage
systems under the jurisdiction of the Town or any improvement district
or other district or agency thereof.
(5)Â
The construction, repair, maintenance and cleaning of sanitary sewers
owned by, or under the sole jurisdiction of, the Town or any improvement
district or other district or agency thereof.
(6)Â
The operation, repair and maintenance of any sewage treatment plant
owned by, or under the sole jurisdiction of, the Town or any improvement
district or other district or agency thereof.
(7)Â
The construction, maintenance and operation of such other sanitation
facilities to the extent the same shall be delegated to the Department
of Public Works by the Town Board.
(8)Â
The construction, operation, repair and maintenance of water pumping
facilities, water treatment plants and water distribution systems
owned by, or under the sole jurisdiction of, the Town or any improvement
district or other district or agency thereof.
(9)Â
The administration of the laws of the State of New York pertaining
to building, housing and public buildings, including but not limited
to the Multiple Residence Law of the State of New York, the New York
State Uniform Fire Prevention and Building Code and the local laws,
ordinances and codes of the Town of Perinton pertaining to building
and housing and the construction, alteration, repair, maintenance,
use and occupancy of all buildings and structures within the unincorporated
areas of the Town of Perinton, including but not limited to the Zoning
Law, Electrical Code, Unsafe Buildings and Collapsed Structures Ordinance,
Excavation Law, Enforcement Procedures Law, Sign Law, Abandoned Vehicles
Law and Fee Law,[1] as the same may be changed, altered, amended or rescinded
from time to time.
(10)Â
All the functions, powers and duties in respect thereto not now vested
in the Town Director of Building and Codes and Code Enforcement Officers.
(11)Â
The maintenance of all open lands or "forever wild" or "forever green"
areas owned by, under easement to or under the sole jurisdiction of
the Town or any district or agency thereof, except that this section
shall not confer jurisdiction or responsibility over any conservation
easements conveyed to the Town under the Conservation Easement Law.[2]
(12)Â
Such other work and/or services as the Town Board may lawfully direct.
B.Â
Notwithstanding the foregoing, this chapter shall not prohibit the
Town Board from providing for construction of any public building,
street, highway, road or other facility by public contract. In addition,
the Department of Public Works shall provide all services required
or desirable in order to enable the Commissioner of Public Works to
fulfill any duty or responsibility imposed upon such official, whether
or not in his capacity as Town Superintendent of Highways, by this
chapter, by any other local law, ordinance or regulation of the Town,
by any lawful directive of the Town Board or by any statute of the
State of New York.
There is hereby created the Office of Commissioner
of Public Works of the Town of Perinton, Monroe County, New York.
The Town Superintendent of Highways shall be
the Commissioner of Public Works and may be referred to by either
title.
The Commissioner of Public Works shall be appointed
by the Town Board to an indefinite term of office. The appointee to
such office shall be removable from such office at the pleasure of
the Town Board and shall be in the unclassified service of the Civil
Service System.
[Amended 2-24-2010 by L.L. No. 1-2010; 5-23-2012 by L.L. No. 1-2012;12-18-2019 by L.L. No. 2-2020]
The Commissioner of Public Works shall be the principal executive
officer and the administrative head of the Department of Public Works.
The Commissioner of Public Works, as Town Superintendent of Highways,
shall have all the powers and duties of a Town Superintendent of Highways
except to the extent that any power or duty of a Town Superintendent
of Highways is lawfully reserved by local law or the Town Board. The
Commissioner of Public Works, as the Town Director of Building and
Codes, shall have all the powers and duties of a Town Building Inspector
under § 138 of the Town Law. The Commissioner of Public
Works may be required by the Town Board to file with the Town Clerk
reports of the activities of the Department of Public Works, and such
report shall contain a budget analysis; the Commissioner of Public
Works shall supply each member of the Town Board with a copy of each
such report. In the event that the Commissioner of Public Works is
a professional engineer duly licensed by the State of New York as
such, then, the Town Board may, by resolution, confer upon such Commissioner,
for all or any part of his term of office, the duties and powers of
a Town Engineer; provided, however, that the Town Board may at any
time revoke such delegation of duties and powers.
There is hereby created the Office of Deputy
Commissioner of Public Works of the Town of Perinton, Monroe County,
New York.
One or more Deputy Commissioners of Public Works
may be appointed by the Town Board of the Town of Perinton to indefinite
terms of office. The appointee to such office shall be removable from
office at the pleasure of the Town Board and shall be in the unclassified
service of the Civil Service System.
All employees of the Department of Public Works shall be appointed by the Town Board and shall hold the position to which appointed at the pleasure of the Town Board; provided, however, that any employee in the classified Civil Service may be removed only for cause. "Employee," as used in this section of this chapter shall not include the Commissioner of Public Works nor any Deputy Commissioner of Public Works. Notwithstanding the foregoing, the Commissioner of Public Works acting in his capacity as Town Superintendent of Highways may, subject to the limitations contained in § 140 of the New York State Highway Law, appoint, within the budgetary appropriations therefor, such persons as may be necessary for maintenance of town highways, bridges and the removal of obstructions caused by snow but, § 43-14 notwithstanding, such employees shall not be transferred to any other division or office of the Department unless their appointment has been confirmed by the Town Board.
Except as limited by § 43-13 the Commissioner of Public Works may transfer any employee of the Department of Public Works from one division or office thereof and such transfer may be on either a temporary or a permanent basis; provided, however, that the salary of any employee so transferred shall not be reduced by reason of such transfer and further provided that the salary of no employee so transferred shall be increased unless such salary increase be approved in advance by the Town Board, provided that in an emergency designated as such by the Town Supervisor the salary of an employee of the Department of Public Works transferred to a classification with a higher pay scale may be paid on the basis of such higher pay scale for a period of not to exceed three days in any one month without the approval of the Town Board. For the purposes of this section of this chapter, "Town Supervisor" shall include the Deputy Town Supervisor of the town. "Employee" as used in this section shall not include the Commissioner of Public Works nor any Deputy Commissioner of Public Works.
Except as in this chapter expressly provided,
this chapter shall not in any manner change the present provisions
of law in effect in the town, by reason of any provisions of any state
statute or otherwise, relating to the parcels of real property presently
responsible for the payment of highway items one, two, three and four
and these items shall continue to be charged in the same manner as
if this chapter had not been adopted. There shall be no change in
the payment of real property taxes for maintenance, operation and
capital cost of any improvement district or other district of the
town. Except as herein expressly provided, all the charges for the
foregoing shall continue to be assessed in the same manner as if this
chapter had not been adopted, and the bookkeeping procedures of the
Department of Public Works and the office of the Town Supervisor shall
be adjusted to accommodate the provisions for tax payments for such
items in the same manner as if all of the items were being performed
by individual departments, districts or agencies of the town. Except
as otherwise specifically provided in this chapter, all costs and
expenses lawfully incurred by the Department of Public Works on behalf
of any special district or improvement or other district or agency
of the town or on behalf of any special town project shall be charged
against such district or project and paid from the funds duly appropriated
for the purpose of such district or project. The salary of each Deputy
Commissioner of Public Works for highways shall be charged to the
general funds of the town and not to the highway fund, except that
the salary of the Deputy Commissioner of Public Works for wastewater
pollution control shall be charged to the various sewer districts
of the town in such proportions as the Town Board may determine to
be equitable to each such district.
All property, equipment and budgetary appropriations
of or for the Highway and Building and Housing Departments of the
town are hereby transferred to the Department of Public Works. The
employees of said Highway and Building and Housing Departments shall
be continued as employees of the Department of Public Works with the
same classification, salary, benefits, pensions and retirement rights
and privileges as they had immediately prior to such transfer; provided,
however, that nothing herein contained shall be construed to deprive
the Town Board of any power it now has, or may under this chapter
or otherwise have, with respect to the hiring, firing, disciplining
and fixing salaries of such employees. The employees of every sewer
district of the town as well as any other employees of the town, other
than employees of the Highway and Building and Housing Departments
of the town, performing functions which are hereby transferred to
the Department of Public Works shall be continued as employees of
the Department of Public Works with the same classification, salary,
benefits, pensions and retirement rights and privileges as they had
immediately prior to such transfer; provided, however, that nothing
herein contained shall be construed to deprive the Town Board of any
power it now has with respect to the hiring, firing, disciplining
and fixing salaries of such employees. Anything herein to the contrary
notwithstanding, the Department of Building and Housing is abolished.
The Town Superintendent of Highways shall not be considered an employee
of the Highway Department of the town for the purposes of this section
of this chapter.
Nothing herein contained shall be construed
to delegate or transfer any power of the Town Board contained in §§ 12,
14, 15, 51 and 64 of the New York State Town Law, provided for by
the New York State Municipal Home Rule Law or other powers which may
be lawfully exercised by said Board. The Town Board shall have the
absolute right of appointment of all employees of the Department of
Public Works except as in this chapter specifically provided. All
employees of the Department of Public Works shall serve at the pleasure
of the Town Board. Notwithstanding the foregoing, the Commissioner
of Public Works shall have the right to suspend, with pay, any employee,
other than a Deputy Commissioner, for a period of not more than two
weeks for cause and shall report any such suspension to the Town Board
within three days of such suspension with his recommendations to the
Town Board as to disciplinary action.
Nothing herein contained shall be construed
to delegate or transfer any power of the Town Supervisor contained
in §§ 29, 52 and 119 of the New York State Town Law
or any other powers which may be lawfully exercised by said Supervisor.
This chapter shall take effect on the first
day of January 1976, provided that it is published and certified copies
thereof are filed as required by law.
