There shall be a Police Department and a Fire Department. The City Manager shall be the administrative head of each. The Council shall by ordinance designate the number of persons, with their rank and salaries, to be appointed to serve in each said Department. All appointed to serve in the Police Department shall be known as police officers, and all appointed to serve in the Fire Department as fire fighters.
Subject to the ordinances of the Council, the City Manager shall make such rules and regulations for the management of each department as he deems advisable or necessary.
Records of all proceedings, appointments, removals and other activities shall be kept for each department.
A. 
Any member of either department may be reprimanded or suspended with or without pay for a period not exceeding one month pursuant to the Civil Service Law, by either the City Manager or the Chief of the respective department under the City Manager. In case of suspension by the Chief, such fact shall be immediately reported by him or her to the City Manager, who shall have power to confirm, modify or revoke such suspension.
B. 
The City Manager, pursuant to the Civil Service Law, shall have power to remove or dismiss any member of either department at any time, but no order of dismissal from service shall be made until an opportunity is given to such member to be heard, upon a notice of six days after charges preferred.
Sworn officers of the Police Department shall possess the powers, perform the duties and be subject to the liabilities of police officers pursuant to the Criminal Procedure Law and any other applicable laws of the State of New York.
The City Manager may arrange to police and to preserve order in any park, cemetery or other property owned, possessed or controlled by the City outside of the corporate limits of the City, and any such officer may make arrest for any violation of law committed in or near any such park, cemetery or other property.
The Chief of the Fire Department and any of the members thereof acting under him or her or by his or her direction, or that of the City Manager or Fire Marshal, or person performing the duties corresponding to those of the Fire Marshal, shall have the power in case of a fire or other emergency to enter any building within said City for the purpose of examining the same to ascertain the construction thereof, fire risk, exits, and other matters concerning public safety and to extinguish any fire therein or in any adjoining building. At any other time, they or any of them may do so with the consent of the owner or occupant or pursuant to a warrant issued by a court of competent jurisdiction.
The City Manager shall have the power to compel the owner or lessee of any theater, hotel, place of amusement or place where people congregate to make such changes by way of additional means of exit, fire escapes, or both, as may be required by law or state regulations and to provide and order that until such changes shall be completed the same be closed to the public. Action may be maintained in the name of the City to restrain, by injunction, any violation of such order or regulation.
A. 
The relief and pension funds of the Police and Fire Departments, with their respective rules and regulations, are continued. The Council shall have power to make annual appropriations to each such fund in the City budget; to provide by ordinance for the management and control of such funds by trustees or directors; to amend, alter and change existing rules and regulations and to prescribe, adopt, and establish new rules and regulations; and to provide for contributions thereto and distributions therefrom.
B. 
All fines imposed on members of the respective departments, and gifts in recognition of service, shall be paid to the credit of the respective fund. The tax required to be paid by foreign fire insurance companies, associations, individuals, and agents to the treasuries of fire departments of cities and all similar taxes now or hereafter required by any statute shall within the City of Auburn be paid to the City Treasurer thereof, who shall place the same to the credit of the fire fighters' relief and pension fund, except that he or she shall pay to the Treasurer of the Fire Fighters Association of the State of New York 10% of such amount so received for the support and maintenance of the Volunteer Fire Fighters Home at Hudson, New York.
The City Manager, or Chief in charge of the Fire Department at any fire, may order and direct the pulling down or destruction of any buildings which may be deemed hazardous or likely to communicate fire to any other building or buildings. No action shall be maintained either against the City of Auburn or any person therefor, but the owner or any person interested in any building so pulled down or destroyed or in any personal property therein may, within three months, but not thereafter, apply to the Council by petition for relief or reimbursement therefor, stating the interest of the petitioner in said building or the personal property therein destroyed, with the particular description of the property destroyed and its value.
The Council may agree with such petitioner as to the amount of just compensation to be paid for any building or personal property so destroyed, but in case the Council is unable to agree with any petitioner as to the amount of just compensation, then said petitioner or the Council may make application to the Supreme Court to ascertain the just compensation to be paid to the said petitioner or owner of said building or personal property therein destroyed in the same manner and to the same court as is provided in Article 5 of the Eminent Domain Procedure Law.[1]
[1]
Editor's Note: Original § 117, relating to powers of commissioners under the Condemnation Law of the State of New York, which immediately followed this section, was deleted since this law was superseded by the Eminent Domain Procedure Law.
Upon the entry of the judgment of the Supreme Court, or upon an agreement with any petitioner for compensation, the amount due the petitioner may be financed pursuant to the Local Finance Law, and the Council may determine how such award, and any interest to grow due thereon, and other expenses connected therewith, shall be paid, whether the same shall be a general City charge or a charge to be assessed entirely by the property benefited as a local improvement, or in part a general City charge and in part a local improvement charge, and, if in part a local improvement, it may direct that the same be assessed and collected as such upon the property benefited in the manner herein prescribed for local improvement assessments or in any other manner it may deem just and equitable. If a general City charge, it shall provide for the payment of the same by annual installments thereof in the annual tax budget.