[Added 12-31-74 by L.L. No. 20-1974]
A.
Whenever used in this local law, words used in the
singular include the plural and vice versa.
B.
ASSISTANT TO THE COMMISSIONER
COMMISSIONER
DEPARTMENT
DEPUTY COMMISSIONER
As used in this local law, the following terms shall
have the meanings indicated:
A designated officer of the Department appointed by the Commissioner
to aid and advise the Commissioner in planning and coordinating projects
and policies of the Department.
The Commissioner of Public Works, as chief executive officer
of said Department.
The Town of North Hempstead Department of Public Works, a
major function of Town government.
The Deputy Commissioner of the Town of North Hempstead Department
of Public Works, who shall generally act for and in place of the Commissioner.
A.
Commissioner. There shall be in the Town of North
Hempstead a Department of Public Works. The principal executive officer
and administrative head of such Department shall be the Commissioner
of Public Works, who shall be appointed by the Town Board for the
term fixed by law at such salary as may from time to time be fixed
by the said Town Board. The Commissioner of Public Works shall be
appointed on the basis of his administrative experience and qualifications
for the duties of such office and such additional standards as may
be required by the Town Board. The Commissioner shall be the head
of the Department with power and authority to appoint and remove officers
and employees under his jurisdiction in accordance with Civil Service
Law and other applicable laws.
B.
The Commissioner is empowered herein to appoint two
Deputies who shall generally act for and on his behalf and who shall
perform such duties as are vested in and imposed upon that office
by the provisions of this local law, by statute or by other lawful
authority. He may also appoint one Assistant to the Commissioner.
C.
Before entering upon the duties of his office, he
shall execute and file an official undertaking, if the same be required
by the Town Board, in such sum as prescribed by the Town Board and
in such form as approved by the Town Attorney. Except as otherwise
provided for herein, the Commissioner of Public Works shall have charge
of the administration of the Department.
A.
The Commissioner shall have such powers as shall be
necessary for the proper administration of the Department consistent
with applicable provisions of law.
B.
Until such time as the same may be either amended
or modified, the Department shall be divided into the following divisions:
[Amended 9-9-2014 by L.L. No. 14-2014]
A.
The powers and duties of such divisions therein shall
be under the administration, direction and control of the Commissioner
of Public Works, and each of the said divisions shall be supervised
by a division head who shall be designated as Superintendent.
B.
The Commissioner may, with the approval of the Town
Board, establish, consolidate or abolish any divisions now existing
or hereafter created in said Department, and establish, consolidate
or abolish any bureau now existing or hereafter created in any such
division.
C.
The powers and duties of the divisions shall be as
follows:
[Amended 9-9-2014 by L.L. No. 14-2014]
(1)
Division of Engineering.
(a)
It shall perform the duties of a Town Engineer
and have general charge and supervision of the design and construction
of Town buildings, parks and grounds, and also other structures or
improvements in the nature of public works as the Town, or any of
its special districts or departments, may construct.
(b)
Furthermore, the division head of the Division
of Engineering will continue with all of the powers and be subject
to all of the duties of a Town Engineer.
(2)
Division of Civil Defense. (Reserved)
(3)
Division of Highways.
[Added 12-13-2016 by L.L.
No. 12-2016]
(a)
It shall have charge and supervision of the design, construction,
repair, maintenance, cleaning and lighting of all highways, roads,
streets, bridges and stormwater drainage systems and other outdoor
facilities under the jurisdiction of the Town or any special districts
thereof, and further shall provide for, maintain and operate municipal
off-street public parking areas, including metered parking, and further
shall supervise and have jurisdiction over any improvement districts
related thereto.
(b)
Furthermore, the division head of the Division of Highways shall
have all of the powers and duties of a Town Superintendent of Highways
as prescribed by law.
(4)
Division of Trees. (Reserved)
[Added 12-13-2016 by L.L.
No. 12-2016]
(5)
Division of Signs. It shall have the power, duty and responsibility
of preparing, erecting and maintaining street, traffic regulatory
and such other signs as may be required by the various Town of North
Hempstead departments and divisions.
[Added 12-13-2016 by L.L.
No. 12-2016]
D.
Other powers of Commissioner.
(1)
The Commissioner, acting by and through any of the
said existing or hereafter named divisions, shall be empowered to
perform such other duties and functions that are prescribed to be
performed by him in any law, ordinance or resolution of the Town Board,
or lawful directive of the Supervisor. However, the Commissioner may
delegate any of his powers to or direct any of his duties to be performed
by a Deputy Commissioner or head of a division.
(2)
Furthermore, the Commissioner is hereby authorized
and empowered, subject to prior approval of the Town Board, except
that such prior approval will not be required in cases of emergency,
to retain and employ private engineers, architects and consultants,
or firms practicing such profession, for the purposes of:
(a)
Preparing designs, plans and estimates of structures
of projects of any type and character.
(b)
Rendering assistance and advice in connection
with any project, whether defined or proposed, under the supervision
of the Department of Public Works.
(c)
Performing such other and necessary services
as the Commissioner may deem necessary in the administration of the
Department.
All costs and expenses incurred by the Department
or its officers or employees on behalf of a special improvement district
or 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.
Nothing herein contained shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52 and 125 of the Town Law of the State of New York, or any other powers which may be lawfully exercised by said Supervisor.
The Commissioner may establish a schedule of
fees to be collected by him for the filing in his office or department
of any map or written instrument required to be so filed; for the
preparation of any copy of a map or written instrument filed in his
office or department; for the certification of any such map or written
instrument; and for any other service rendered in connection with
the work of his department, and for which he deems it necessary to
charge and to collect a fee therefor.
If any section, provision or part thereof in
this local law shall be adjudged invalid or unconstitutional by a
court of competent jurisdiction, then such adjudication shall not
affect the validity of the local law as a whole, or any section, provision
or part thereof not so adjudged invalid or unconstitutional.
