The commissioner of public works shall be the
head of the department of public works. He shall appoint, to hold
office during his pleasure such subordinates as may be prescribed
by the board of estimate and contract. In case of the absence or disability
of the commissioner or a vacancy in the office, the mayor may appoint
a deputy commissioner who shall discharge the duties of the office
until the commissioner returns, his disability ceases or the vacancy
is filled. The commissioner and deputy commissioner before entering
upon the discharge of the duties of their respective offices shall
each execute and file with the commissioner of accounts an official
undertaking in such penal sum as may be prescribed by the council.
[1]
Editor's Note: Ordinance No. 76, adopted 1-11-1924,
vested the powers and duties of the Commissioner of Public Works in
the General Manager.
The commissioner, subject to the provisions
of law and ordinances of the council, has cognizance, direction and
control of the construction, maintenance, alteration, repair, care,
cleaning, paving, flagging, lighting and improving of the streets,
highways, sidewalks and public places of the city; of the construction,
alteration and repair of all city buildings, except as herein otherwise
provided, and of all docks and bridges belonging to the city; of all
public sewers and drains in the city; of the care, superintendence
and management and improvement of all parks and grounds, public baths
and recreation piers belonging to the city. Except as otherwise provided
by law, the commissioner shall have supervision of, control over and
jurisdiction and authority to make all ordinary repairs or improvements
upon the streets, parks, sidewalks, crosswalks, gutters, vaults, drains,
culverts, bridges and public ways and places of the city, including
the cleaning of the same, and may employ such labor and teams and
incur such expenditures as may be necessary within the limits of the
appropriations made therefor. It shall be his duty to inspect the
same with sufficient frequency to ascertain their condition and cause
the same to be kept free from obstructions and in good condition and
repair and reasonably safe for public use. The commissioner shall
also have general supervision and control of all work performed under
any contract of the city for local or other improvements to be performed
within or upon any of the public streets, parks, ways and places,
or with reference to the public works and ways within the jurisdiction
of his department, including the lighting, sprinkling, watering or
flushing of the streets or public places, and shall cause the same
to be performed in full compliance with the provisions of any contract
therefor. Except as otherwise provided by law or ordinance of the
council, the commissioner of public works has, over the streets and
public places within the city, all the jurisdiction and is charged
with all the duties of town superintendents of highways within the
towns of the state.
[1]
Editor's Note: Ordinance No. 76, adopted 1-11-1924,
vested the powers and duties of the Commissioner of Public Works in
the General Manager.
The commissioner of public works[1] shall have full power and authority to require the owner
of property abutting upon a street to repair any sidewalk in front
thereof or bring the same to true grade, and to remove the snow and
ice therefrom. Where the owner of such property shall fail or neglect
to repair any sidewalk or bring the same to true grade for five days
after written notice so to do has been served on him, either personally
or by delivering the same at his residence, or if he be a nonresident
by mailing the same to him at his last known place of residence, or
if the name of the owner or his place of residence cannot be ascertained
after due diligence, by posting the same in a conspicuous place upon
the premises, or where the owner of any such premises shall fail or
neglect to remove snow and ice from any such sidewalk after the same
has remained thereon for more than twelve hours, and the commissioner
shall have repaired such sidewalk or brought the same to grade or
removed the ice or snow therefrom, a bill for the expenses incurred
thereby shall be presented to the owner personally or by leaving the
same at his residence or, if he be a nonresident, by mailing the same
to him at his last known place of residence, or, if the name of such
owner or his place of residence cannot be ascertained after due diligence
by posting the same in a conspicuous place on the premises; and, if
he shall fail to pay the same within ten days thereafter, the commissioner
shall file each year immediately preceding the time for making the
annual assessment roll his certificate of the actual cost of the work,
together with a statement as to the property in front of which the
repairing or grading or cleaning was done, with the assessors of the
city, who shall, in the preparation of the next assessment roll of
general city taxes, assess such amount upon the property, and the
same shall be levied, corrected, enforced and collected in the same
manner, by the same proceedings, at the same time, under the same
penalties and having the same lien upon the property assessed as the
general city tax and as a part thereof.
[1]
Editor's Note: Ordinance No. 76, adopted 1-11-1924,
vested the powers and duties of the Commissioner of Public Works in
the General Manager.
All public work to be performed pursuant to
contract under the supervision or control of the commissioner[1] shall before it is accepted, be certified to by him to
the effect that such work had been performed in good and substantial
manner with the materials required, of the quality and in the manner
directed by the terms of the contract under which the same was done.
Within ten days after the completion of any such work the commissioner
shall file a certificate of such completion with the commissioner
of accounts to be reported by him to the council. Such certificate
shall state in substance that said work had been duly examined by
the commissioner and that the same had been fully performed and completed
in accordance with the terms of the contracts therefor.
[1]
Editor's Note: Ordinance No. 76, adopted 1-11-1924,
vested the powers and duties of the Commissioner of Public Works in
the General Manager.
It shall be the duty of the city engineer to
perform all the ordinary engineering and surveying services in the
affairs and business of the city and to supervise, under the general
direction of the commissioner of public works, all the work done for
the city in which the skill of his profession may be required or useful.
He shall perform such other duties as may be prescribed by the commissioner
of public works or by the ordinance of the council.
[1]
Editor's Note: Ordinance no. 686, adopted
5-14-1959, vested the duties of the City Engineer in the General Manager.
The council shall not change the grade of any
street which has been legally established, except by ordinance of
the council and except also upon compensation for damages done, to
be ascertained in and by the proceedings provided by law for ascertaining
damages for lands taken for the opening of streets. The council shall
not alter the name of any street except by ordinance and unless a
majority of the owners of property abutting on such street shall petition
therefor, in which case a majority vote shall be sufficient.
The council may by ordinance approved by the
board of estimate and contract fix and determine the amount and proportion
of the expense which shall be borne by the city at large for opening,
altering, grading, curbing or paving a street, or for constructing
therein a public sewer, except as hereinafter provided in this act.
The amount and proportion of the expense of such improvements which
shall be borne by the city at large may, in whole or in part, be included
in the budget and raised by tax the same as other general city charges.
The proportion of the expense which is not borne by the city shall
be assessed and charged upon the property affected by such improvement
in the form and manner provided by law, or by this act. (L. 1943,
c. 710)
Whenever the council shall contemplate the discontinuance
of any street, it shall cause a notice to be published for ten days
in the official newspaper of the city of its intention so to do, and
that all persons interested may be heard in reference thereto at a
time stated in such notice. If it shall be determined to discontinue
the street and any person claims to be damaged by such discontinuance,
such alleged damages, unless agreed upon by the commissioner of public
works[1] and approved by the board of estimate and contract, must
be ascertained and determined in the manner provided by law for ascertaining
damages for lands taken for the opening of streets. An ordinance discontinuing
any street shall require the affirmative vote of three-fourths of
all the members of the council.
[1]
Editor's Note: Ordinance No. 76, adopted 1-11-1924,
vested the powers and duties of the Commissioner of Public Works in
the General Manager.
All lands which shall have been used by the
public as a street for twenty years or more continuously shall be
a street with the same force and effect is if it had been duly laid
out and recorded as such.
Whenever any real estate or interest therein
shall be required for any municipal purpose, except as otherwise provided
by law, the commissioner of public works[1] may acquire for the city the necessary land and real estate
by gift or by purchase, at a price approved by the board of estimate
and contract or by the proceedings specified in the condemnation law,
or in the case of property required for street purposes, by the proceedings
provided by law for acquiring and ascertaining damages for property
taken for purposes of street openings.
[1]
Editor's Note: Ordinance No. 76, adopted 1-11-1924,
vested the powers and duties of the Commissioner of Public Works in
the General Manager.
