City of Auburn, NY Article XIII Miscellaneous

§ C-128 Officer prevailing in action entitled to double the costs.

Every person elected or appointed to any office under this Charter who shall be sued for any act done or commenced by him or her by virtue of his or her office and who shall have final judgment rendered in his or her favor, whereby he or she shall be entitled to costs, shall recover twice the amount of his or her taxed costs.

§ C-129 Prior written notice of defects.

A. Legislative declaration. Where claims for bodily injury or damage to property are asserted against the City arising out of alleged defective conditions of property owned or constructed by or in the care, custody or control of the City, adequate prior notice to the City of any such conditions is of substantial importance to allow the City the opportunity to investigate and correct such conditions, if found to exist. Whether the City has received actual or constructive notice of such alleged defective conditions is often a question of fact which can lead to uncertainty and possible unwarranted finding of liability against the City. To assure that the City receives actual prior notice of an alleged unsafe or defective condition and is able to respond in a prompt and reasonable manner, such prior notice shall be in writing. It is the purpose of this section to require that notice of unsafe or defective conditions of City property be given to the City by prior written notice actually received by the City.

B. Definitions. For the purposes of this section, the following words, phrases and terms and their derivations shall have the meanings given herein:

CITY HIGHWAY

A highway, street, road, cul-de-sac, drive or other roadway maintained by the City, whether or not such highway has been formally dedicated to the City. This definition shall include bridges, shoulders, curbs, gutters, culverts, signs and other traffic control devices and all other things appurtenant to a highway.

CITY PROPERTY

All City highways, bridges, culverts, sidewalks, parking areas, playgrounds, parks and all other real property owned, leased, used, occupied or maintained by the City or over or through which the City has an easement or right-of-way and all buildings, structures, fixtures, personal property and appurtenances thereto owned, leased, used, occupied or maintained by the City.

UNSAFE CONDITION

Any defective, hazardous, dangerous or obstructed condition, including such conditions as may have been created by an act or omission of any employee or officer of the City, and including such conditions as may result from inadequate or improper design, maintenance or repair or from the existence of snow or ice.

C. Written notice of defective condition required for injuries on highways and City property. No civil action shall be maintained against the City of Auburn for damages or injuries to person or property sustained by reason of any highway, bridge, culvert or any other property owned by the City of Auburn being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert or any other property owned by the City of Auburn was actually given to the City Manager and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of, and no such action shall be maintained for damages or injuries to persons or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, culvert or any other property owned by the City of Auburn unless written notice thereof, specifying the particular place, was actually given to the City Manager and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.

D. Prior written notice required. No civil action shall be maintained against the City or against the City's officers or employees for personal injury, including death or damage to property, related to, caused by, resulting from or arising out of any property owned or constructed by the City, or involving property in the care, custody or control of the City, being defective, out of repair, unsafe, dangerous, obstructed or improperly maintained unless, prior to the occurrence of the injury or damage, the City shall have been given actual written notice of the alleged condition complained of and shall have failed or neglected within a reasonable time after such written notice to repair or remove the condition.

E. Notice; contents. The notice required by this section shall contain the following:

(1) The full name and address of the claimant;

(2) The particular property of the City and its location claimed to be defective, out of repair, unsafe, dangerous or obstructed;

(3) The time such condition was first observed or made known to the claimant;

(4) A statement of the particulars in which the property is defective, out of repair, unsafe, dangerous or obstructed.

F. Service of notice. The written notice provided for by this section shall be served by personal service within the City of Auburn upon the City Manager or his (or her) designated representative.

G. Record of notice; presentation to the Council.

(1) The City Manager shall keep and maintain a record of all written notices received pursuant to this section, which record shall state the date of the receipt of the notice, the nature and location of the conditions stated to exist and the name and address of the person from whom the notice is received. The record of each notice shall be preserved for a period of at least three years after the date it is received.

(2) The City Manager shall cause all written notices received by him (or her) pursuant to this section to be presented to the Council within five days of the receipt thereof or at the next Council meeting, whichever shall be sooner.

H. Repeal of existing requirements not intended. Nothing contained in this section shall be held to repeal or modify or waive any existing requirement or statute of limitations which is applicable to these classes of actions, but, on the contrary, this section shall be held to be additional requirements to 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 or to impose upon the City any greater duty or obligation than otherwise imposed by law.

§ C-130 Inhabitants not disqualified from acting as judge in actions involving City.

No person shall be an incompetent judge by reason of his or her being an inhabitant or freeholder in the City of Auburn in any action or proceeding in which said City is an interested party.

§ C-131 City considered town for certain purposes.

A. The said City, except as is otherwise in this Charter provided, shall be considered one of the towns of Cayuga County. The fees and expenses of apprehending, examining, trying and committing offenders against any law of the state in said City, and of their confinement, properly chargeable against the County of Cayuga shall be audited, allowed and paid by the County Legislature of said county in the same manner as if such expenses had been incurred in any town in said County of Cayuga.

B. To facilitate the presentation of the claim of the City against the County of Cayuga for such fees and expenses, the City Judges shall keep an accurate record of all felony and other cases which are properly chargeable against the County of Cayuga and of the fees and expenses of examining, trying and committing persons under such charges, and the head of the Police Department shall keep a like record of the fees and expenses of apprehending all persons so charged.[1]

[1] Editor's Note: The original last paragraph of this section, pertaining to the selection of jurors, was deleted as covered by the Judiciary Law.

§ C-132 Service of notice on corporations, associations, copartners, joint tenants or tenants in common.

When corporations, associations, copartners, joint tenants or tenants in common are to be served with a notice under any provisions of this Charter or under the direction of the Council, it shall be deemed a sufficient, valid and legal service of such notice to serve a copy thereof upon the president, cashier, treasurer, one of the directors or the managing agent of such corporation or association or upon any one of such copartners, joint tenants or tenants in common.

§ C-133 Affidavits of service or publication of notice.

When filed in the office of the City Clerk, an affidavit of service of any notice, either personally or by mail, as required, or the affidavit of publication made by the publisher, his or her clerk, editor or foreman, showing the required publication, shall be presumptive evidence of such service or publication, as the case may be, in all courts and places. A certified copy of such affidavit made by the City Clerk may be read in evidence with like force and effect as the original on file in his office.

§ C-134 Manner of reading acts of Council in evidence.

Every act, ordinance, bylaw, public regulation, resolution or proceeding of the Council of the City of Auburn may be read in evidence in all courts and places in this state either:

A. From the record of the proceedings of the Council;

B. From a copy of such act, ordinance, bylaw, public regulation, resolution or proceeding certified by the Mayor or City Clerk, with the Seal of the City affixed; or

C. From the printed volume of ordinances, bylaws and public regulations printed by authority of the Council.

§ C-135 Present officers and employees continued.

All elective officers of the City in office at the time this Charter takes effect shall be continued for the balance of the terms for which elected, respectively, except as herein specially provided. All other officers and employees in the service of the City at the time of the adoption of this Charter shall be continued the same as though originally appointed hereunder.

§ C-136 Ordinances, regulations and bylaws continued.

All ordinances, regulations and bylaws of the City, including those established and adopted by the Water Board of the City, in force at the time of the adoption of this Charter and not inconsistent herewith are continued in full force and effect. Any ordinance, regulation or rule inconsistent with the provisions of this Charter is hereby repealed.

§ C-137 Acts to be done by officer not provided for.

Wherever in this Charter it is provided that any act or thing shall be done by or any powers are conferred or duties imposed upon any officer for whom specific provision is not made either in this Charter or in the Optional City Government Law, then such act or thing shall be done by and such powers shall be conferred and duties imposed upon such officer as may be appointed pursuant to ordinance, or otherwise, to perform like or similar duties. Wherever in any ordinance, regulation, resolution or bylaw or in any statute it is provided that any act or thing may be done or performed or any license, permit or permission granted by any body, officer or head of a department, the same may be done, performed or granted by such body, department or officer if continued under this Charter or any ordinance, and, if not so continued, then by the body, department or officer exercising and discharging like powers, functions or duties.

§ C-138 Exercise of powers pertaining to franchises, bonds, contracts or agreements.

A. Wherever it is provided in any franchise given by the City, or in any bond, contract or other agreement in favor of the City, that any act or thing shall be done or demand or notice made or given by any officer of the City therein named, such act may be done or demand or notice made or given by the officer, body or department named, if there is such, and, if not, by the officer, board or body possessing or discharging like powers, functions or duties.

B. Such franchise, bond, contract or agreement shall not in any manner be impaired by the passage of this Charter but shall continue in full force, and the duties imposed and the powers conferred in and by any such franchise, bond, contract or agreement may thereafter be exercised and discharged by the officer, body or department upon whom or which is conferred like powers, functions or duties under the provisions of this Charter or any ordinance, without regard to the official name or designation of such officer, body or department.

§ C-139 Charter to supplement Optional City Government Law.

The qualified voters of the City of Auburn having heretofore adopted the simplified form of government defined as Plan C under the Optional City Government Law, known as "Chapter 444 of the Laws of 1914," this Charter is intended, besides consolidating and revising the special acts relating to the City of Auburn and constituting its Charter as there defined, to supplement the provisions of such Optional City Government Law, particularly in reference to the plan therein named and defined as Plan C, and is to be considered and construed in connection therewith, in extension thereof and as supplemental thereto, and the provisions of such general law shall be applicable to the City as far as may be.

§ C-140 When effective. [1]

This Charter shall take effect immediately.[2]

[1] Editor's Note: The Charter became law 5-3-1920 with the approval of the Governor.

[2] Editor's Note: The Charter Addendum, containing portions of the Optional City Government Law, is on file in the office of the City Clerk.