[Amended 3-9-2009 by Ord.
No. 2-2009]
If an individual who is appointed is a member of a firm, the
City Attorney could employ additional legal assistance from the firm
or from the outside. The City Attorney may be removed with or without
cause by recommendation of the City Manager with the approval of the
City Council. Prior to appointment, the City Attorney shall have been
admitted to practice law in the State of New York and practicing as
such for at least five years previous to the appointment as City Attorney.
The City Attorney shall be the legal advisor of and Attorney for the
City, the City Council, the City Manager and all City departments,
bureaus, boards and commissions thereof, in matters relating to their
official duties, and when requested by either the City Council or
City Manager, shall prosecute or defend all actions, suits and proceedings
for and in behalf of the City.
A. Actions, suits and proceedings. When required to do so by the City
Manager or by ordinance, the City Attorney shall prosecute or defend
for and in behalf of the City all actions, suits, proceedings and
controversies to which the City is a party and in any rights or interests,
including appearing for and protecting the rights and interests of
any City officers, boards, commissions, arms length bodies owned by
the City, or departments, and same shall not employ other counsel.
The City Attorney shall have power to appeal from orders, decisions
or judgments and shall, subject to the approval of the City Council,
have power to enter into any agreement, compromise or settlement of
any claims against the City.
B. Contracts, bonds and other instruments. The City Attorney shall prepare
or review all contracts, bonds and other instruments in which the
City is concerned and, before execution thereof, shall endorse on
each the approval of the form and correctness thereof when requested
by the City Council or the City Manager.
C. Employment of counsel. The City Attorney, when authorized or directed
by the City Council or the City Manager, may employ counsel to assist
the argument and conduct of cases or proceedings in which the City
is interested or a party.
D. Special City Attorney(s). In the event of the absence, disqualification
or disability of the City Attorney, as determined by the City Manager,
the City Manager shall have the power to appoint, with the approval
of City Council, Special City Attorney to act during the period of
absence, disqualification or disability of the City Attorney. In a
special emergency, such action may be taken without the consent of
the City Council but subject to its later approval.
Within the City Clerk's Department there shall be a Division
of Vital Statistics, the head of which is the City Clerk appointed
by the Mayor with the approval of the New York State Department of
Health for a four-year term of office. The City Clerk shall keep and
maintain all vital statistics of the City, and prepare, attest and
report on such vital statistics.
Within the City Clerk's Department there shall be a Division
of Historical Records, the head of which shall be the City Historian.
He/she shall be appointed by the Mayor for an indefinite term of office.
Under the direction and supervision of the City Clerk, he/she shall
collect and preserve material relating to the history of the City
and perform such other functions as may be authorized by §§ 148
and 149 of the Education Law.
[Amended 12-11-2006 by Ord. No. 10-2006; 1-11-2010 by Ord. No. 1-2010]
A. The City Assessor shall be appointed by and shall serve under the
direction and supervision of the City Manager.
B. The powers and duties of the City Assessor shall be the following:
(1) Make all assessments for general tax or special assessment purposes
in accordance with the provision of the Real Property Tax Law and
shall perform such other functions as may be required by other law.
(2) Be responsible for all other functions of the City Assessor as may
be required by other laws.
[Amended 12-11-2006 by Ord. No. 10-2006]
The Director of Parks and Recreation shall:
A. Conduct and supervise all recreational activities in all public parks,
playfields, playgrounds and recreational areas and facilities.
B. Be responsible for planning and putting into operation measures for
the prevention of delinquency, for promoting and conducting recreational
activities in connection therewith and for coordinating constructive
forces to aid in the development of the youth of the community.
C. Be responsible for planning and putting into operation programs providing
leisure time activities of adults, including but not limited to programs
for senior citizens.
D. Plan, promote, organize and supervise a comprehensive municipal recreation
program and administer the same in the interests of the entire community.
E. Conduct and supervise any form of recreational, cultural or social
activity that will employ the leisure time of the citizens of the
City in a wholesome and constructive manner.
F. Be responsible for operation, maintenance and repair of all parks,
playgrounds and recreational areas and facilities, and she/he shall
operate, maintain and repair all landscaped areas, including the grounds
of public buildings and appropriate areas within highway rights-of-way
not otherwise required by law to be maintained by private owners.
She/he shall act as the City forester, shall supervise all tree and
shrubbery conservation programs and shall cut and trim or supervise
the cutting and trimming of all trees and shrubbery upon all public
lands or rights-of-way.
The powers and duties of the Comptroller shall include:
A. Fiscal supervision over officers and employees. The Comptroller shall
exercise general supervision over all officers and employees of the
City regarding the proper management of the fiscal affairs of their
respective functions.
(1) Examine books. The Comptroller shall examine the books of each officer,
employee and department, and require that the books be kept in accordance
with standard municipal accounting procedures.
(2) Report delinquent payments and financial reports. The Comptroller
shall confirm the deposit of all City moneys into the City treasury
by all officers and employees receiving the same shall confirm that
all necessary financial reports are made by all officers and employees
and shall report all delinquencies in such payments or reports to
the Manager.
B. Duty upon fiscal default of officer or employee. The Comptroller
shall report the default of any officer or employee of the City to
the Manager for appropriate action by the Manager and by the City
Attorney.
C. Responsibility for proceeds of bonds or notes. The Comptroller shall
deposit the proceeds of all sales of bonds or notes with the City
Treasurer immediately after he shall have received the same, and until
such deposit, he shall be responsible for the amount thereof.
D. Audit accounts. The Comptroller shall examine and audit the accounts
of all officers and employees.
E. Prescribe form of accounts. The Comptroller shall prescribe the form
of accounts and financial reports consistent with the uniform system
of accounts prescribed by the State Department of Audit and Control.
F. Certify contracts. Certify according to law all contracts and agreements
for the expenditure of public funds entered into by any official of
the City government, and no such contract or agreement shall be valid
until so certified by him.
G. Budget duties. The Comptroller shall confirm estimates of revenue
submitted to him, prepare other estimates of revenue, prepare a statement
of debt service requirements and give such other assistance in the
preparation of the budget as may be required of him by the Manager.
H. Financial statements. The Comptroller shall transmit to the Manager
at least monthly audited statements of cash on hand and of classified
unencumbered appropriation balances for the City as a whole and such
other financial statements as the Manager may from time to time require.
He shall prepare and submit such financial reports to state agencies
as may be required. He shall keep all departments, boards, commissions
or other agencies currently informed of its classified unencumbered
appropriation balances.
Within the Department of Finance and Control there shall be
a Division of Treasury, the head of which shall be the City Comptroller.
The City Comptroller shall:
A. Keep accounts of receipts and expenditures. Keep in proper books,
a full and accurate account of all the moneys received and disbursed
by him in behalf of the City, specifying the time of receipt and disbursement,
from whom received and to whom disbursed, and on what account received
or disbursed.
B. Cancel warrants. Cancel all warrants and other evidences of indebtedness
of the City whenever paid by him by writing or stamping across the
face thereof the words "paid by the City Treasurer" with the date
of payment written or stamped thereon.
C. Receive and disburse moneys. Receive and have custody of all moneys
paid to the City, and shall disburse City moneys upon warrant of the
City Accountant.
D. Collect taxes and assessments. Collect and receive all taxes and
assessments in the manner authorized and required by law.
E. Collect moneys and fees due City. Demand and receive all moneys and
fees owing to the City whenever any person is indebted to the City
in any manner and where the means of collection of such debt is not
otherwise provided for by law. When any claim shall not be collectible
by other methods, he shall report the same to the City Attorney for
collection.
F. Pay City employees upon presentation of the properly certified payroll.
G. Make a daily settlement with the City Accountant. Make a daily settlement
of the amounts received and paid out during the day for which such
settlement is being made; and upon such settlements shall deliver
properly canceled, all warrants and other obligations of the City
paid by him since his last settlement. Once each month he shall balance
accounts with the Accountant, which monthly settlement shall show
the balance to the credit of the several funds for which he/she is
responsible.
H. Tax searches. Upon the request of any person and for a fee to be
fixed by the Council, make a careful search of the books and records
of the City for any unpaid taxes or assessments upon or against any
parcel of land in the City, make a proper abstract thereof, showing
the year in which each item was levied and the amount required to
pay the tax or assessment, and certify such abstract. Also upon request
and for a fee to be fixed by the Council, certify the amount due the
City for any unpaid water bills, sewer rents, rubbish collection charges
and any other special charges for municipal services.
Within the Department of Finance there shall be a Division of
Accounts, the head of which shall be the City Comptroller. The City
Comptroller shall be appointed by the Manager, for an indefinite term
of office. The City Comptroller shall:
A. Keep the City accounts. Keep all general accounts of the City and
of the respective departments, offices, boards, commissions and agencies
thereof.
B. Be the custodian of bonds, contracts, etc. Be charged with the custody
of the official fidelity bonds of all City employees except his own
which shall be in the custody of the City Treasurer, and with the
custody of all deeds, mortgages, contracts, judgments, notes, debts
and other evidence of indebtedness. The City Comptroller shall keep
and administer all securities, bonds and other forms of negotiable
instruments owned by or belonging to the City.
C. Examine all accounts and claims against the City. Examine all accounts
and claims against the City and of the respective departments, offices,
boards, commissions and agencies thereof, and the City payrolls, and
approve or disapprove the same by his written endorsement thereon.
The City Comptroller shall issue all warrants for payment of money
by the City, and of the respective departments, offices, boards, commissions
and agencies thereof. Such warrants shall be directed to the City
Treasurer and be accompanied by a schedule or detailed abstract, certified
by him to be correct, of all claims and payrolls. The City Comptroller
and his/her surety shall be personally liable to the City for the
amount of any bill or claim against the City, or any part thereof
or any item therein, payment of which not authorized, or which is
prohibited and which the City Comptroller shall willfully or negligently
approve. No claim against the City, except for a fixed salary or for
the principal of or interest on indebtedness shall be paid unless
an itemized voucher therefor, verified or certified by or on behalf
of the claimant, in such form as the Comptroller shall prescribe,
shall have been presented to the Department of Audit and Control.
Within the Department of Finance there shall be a Division of
Purchase, the head of which shall be the City Comptroller. The City
Comptroller shall:
A. Contract for and purchase all supplies, materials, equipment and
contractual services required by any department, office, board, commission
or agency of the City, pursuant to such rules and regulations as may
be established by the Council. All purchases made and contracts executed
by the purchasing agent shall be pursuant to a signed requisition,
from the head of the department, office, board, commission or agency
whose appropriation is to be charged.
B. Establish and enforce, after consultation with the heads of all departments,
standard specifications for all supplies, materials and equipment
to be purchased by the City.
C. Prescribe the time of making requisitions for such supplies, materials
and equipment and the future period which said requisitions are to
cover.
D. Inspect all deliveries of such supplies, materials and equipment,
and cause tests to be made when necessary to determine the quality,
quantity and conformance with specifications.
E. Supervise and control and maintain any central storeroom or warehouse
provided for by the Council.
F. Enter into cooperative purchasing agreements with other governmental
agencies.
G. Transfer supplies to or between departments, offices, boards, commissions
and agencies.
H. Sale of personal property. Determine, at least annually, what personal
property in each office, department or agency is unserviceable or
no longer required, and sell or otherwise dispose of such supplies,
materials and equipment as may be determined to be surplus, obsolete
or unused.
I. Contracts with public utilities. Make contracts with public utilities
for supply to the City of power, communications or other utility services.
J. Inventory. Maintain an inventory of all personal property belonging
to the City.
K. Fidelity bonds. Purchase at the expense of the City, fidelity bonds
for all offices and employees of the City required to furnish bonds
to the City.
L. Insurance. Obtain and pay for insurance for such types and in such
amounts against liability, loss or damage to the City or its property
as may be approved by the City Manager.
M. Collection of insurance claims. Be responsible for the collection
of insurance benefits and for all other matters relating to the administration
of insurance.
N. Public works contracts. On the basis of plans and specifications
prepared by the Division of Engineering of the Department of Public
Works, solicit and award all contracts for any public work or improvement.
Competitive bidding will be required in all situations where competitive
bidding is required under the provisions of the General Municipal
Law and in all other situations where required by the Council.
[Added 12-11-2006 by Ord.
No. 10-2006]
A. The Fire Chief shall be appointed by and shall be under the direction
and supervision of the City Manager. The Fire Chief shall have jurisdiction
and control of the administration, disposition and discipline of the
Fire Department and the Division of Code Enforcement and of the fire
fighters and employees within the Department and shall be the chief
executive officer of the Department of Fire. The Chief shall be responsible
for the operation, maintenance and repair of all fire vehicles, fire
equipment, and vehicles of the Division of Code Enforcement. The Chief
shall have sole and exclusive power and authority to extinguish fires
at any place within the jurisdiction of the City and shall have power
and control of the Division of Code Enforcement. It shall be the Chief's
duty to take such measures as are deemed necessary to prevent fires,
be the fire warden of the City and exercise the following duties:
(1)
Have jurisdiction over the approval of the installation of all
containers for combustibles, chemicals, explosives, inflammables or
those dangerous substances, articles, compounds or mixtures, except
storage tanks for oil-burning equipment, which shall be under the
jurisdiction of the Code Enforcement Office.
[Amended 1-11-2010 by Ord. No. 1-2010]
(2)
Install or cause to be installed, operate, maintain and repair
or cause to be repaired all fire alarm, telephone, electronic and
radio equipment which shall be used in the operation of the Fire Department.
(3)
Enforce and prevent the violation of all federal, state and
local laws and ordinances, rules and regulations in respect to the
manufacture, storage, sale, transportation or use of combustibles,
chemicals, explosives, inflammable or other dangerous substances,
articles, compounds or mixtures.
(4)
Be responsible for the investigation of the cause, circumstances
and origin of fires and the suppression of arson.
(5)
Be responsible for the prevention of fires and danger to life
or property therefrom, including provisions relating to structural
conditions of buildings, which shall be under the jurisdiction of
the Division of Code Enforcement within the Department of Fire.
(6)
Cause any building, structure or place or premises to be inspected
for fire hazards by any officer or employee of the department designated
for such purpose, and cause the inspection and testing of any fire
alarm system or fire-extinguishing equipment.
(7)
Cause the inspection and testing of any fire exits, and inspect
the proper designation and marking thereof.
(8)
Be responsible to assure the training of personnel for emergency
medical response and the operation of the Department's emergency medical
response program.
(9)
Appoint those persons authorized and permitted in the City of
Ogdensburg to perform electrical inspections, and approve electrical
and associated work.
(10)
Enforce such state laws, local laws, ordinances, including Chapter
221 of the Municipal Code, rules and regulations as may govern the construction,
alteration, maintenance, removal, demolition, use, occupancy, safety,
sanitary conditions, mechanical equipment and inspection of buildings,
structures or premises in the City.
B. There shall be a Division of Code Enforcement within the Department
of Fire. The office shall be headed by the Code Enforcement Officer,
who shall answer to the Fire Chief of the City of Ogdensburg. This
office shall have the power to enforce such state laws, local laws,
ordinances, rules and regulations as may govern the construction,
alteration, maintenance, removal, demolition, use, occupancy, safety,
sanitary conditions, mechanical equipment and inspection of buildings,
structures or premises in the City and perform such other duties as
may be prescribed by law, the Council, the City Manager or the Fire
Chief. Said powers and duties shall include the following:
(1)
The enforcement and administration of Chapter
97, the New York State Building Code (the Uniform Code), the New York State Residential Code, the New York State Fire Code, the New York State Energy Conservation Construction Code (the Energy Code), the New York State Property Maintenance Code and the New York State Mechanical and Plumbing Code; the enforcement of Chapter
221, Zoning; the enforcement of such other laws, codes or ordinances relating to building now in effect or hereinafter adopted.
(2)
Sign all certificates or permits granted pursuant to the provisions of Chapter
97, the New York State Building Code (the Uniform Code), the New York State Residential Code, the New York State Fire Code, the New York State Energy Conservation Construction Code (the Energy Code), the New York State Property Maintenance Code and the New York State Mechanical and Plumbing Code; Chapter 222, Zoning; or such other laws, codes or ordinances relating to buildings now in effect or hereafter adopted.
(3)
Recommend, subject to the approval and appointment by the Fire
Chief, those persons authorized and permitted in the City of Ogdensburg
to perform electrical inspections and approve electrical and associated
work.
(4)
Be responsible for all other functions of the Code Enforcement
Officer and Building Inspector.