The Commissioner, subject to the provisions of law and ordinances of the Common 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 and of all docks and bridges belonging to the city; of all public sewers and drains in the city; of the construction, maintenance, extension, repair and care of the city waterworks. 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, sidewalks, crosswalks, gutters, vaults, drains, culverts, bridges and public ways and places of the city, including the cleaning, sprinkling, laying of dust with substances other than water, watering and flushing of the same, and may employ such laborers 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, ways and places, or with reference to the public works and ways within the jurisdiction of his Department, including the lighting, sprinkling, laying of dust with substances other than water, watering or flushing of the streets or public places, and shall cause the same to be peformed in full compliance with the provisions of any contract therefor. Except as otherwise provided by law or ordinance of the Common 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 commissioners of highways within the towns of the state. The Superintendent of Streets, the Superintendent of Waterworks and the City Engineer shall act in all matters under the direction of the Commissioner of Public Works. [§ 152, L. 1911, c. 870; amended by L.L. No. 2-1937]
The Director of Engineering and Public Works or the Mayor's designee shall personally superintend the making and repairing of, and all other work in and upon, the streets, alleys, walks, buildings, bridges, sewers, public pumps, structures, reservoirs, grounds or property of said city, unless the Common Council shall otherwise order, and shall perform such other duties as the Common Council may require by ordinance or otherwise. He shall act in all matters under the direction of the Mayor. The Director of Engineering and Public Works or the Mayor's designee, under the direction and control of the Mayor, shall take immediate charge of all the streets of the city, and, except as otherwise provided in this act, the other laws of the state or by ordinance of the Common Council, the Director of Engineering and Public Works or the Mayor's designee has over the streets within the city all the jurisdiction and is charged with all the duties of town superintendents of highways. It shall also be his duty to purchase or provide at the expense of the city all necessary implements and utensils, when directed by the Common Council, to hire and employ the requisite laborers, to direct them as to the time and manner of the execution of their work, and to report to the Common Council weekly, under oath, the names of all persons who shall have been by him employed on any of the streets, alleys, walks, buildings, bridges, sewers, public pumps, structures, reservoirs, grounds or property of said city, with the time worked by each, and the compensation to be paid to each, and the names of all parties from whom materials have by him been purchased, with the nature and quantities of said materials, and the prices paid or to be paid therefor. He shall not give to the persons by him employed, or who shall have performed labor under his direction, or otherwise, any certificate or other evidence of the performance of such labor, or indebtedness on the part of the city. He shall report to the Common Council, at each regular meeting thereof, the time he shall theretofore, or since his last previous report, have been actually employed at work in the discharge of his duty, the correctness of which shall be verified by his oath. [§ 155, L. 1911, c. 870; amended 2-2-2011 by L.L. No. 1-2011]
It shall be the duty of the City Engineer to perform all ordinary engineering and surveying services in the affairs and business of the city, and to supervise, under the direction of the Common Council, all the work done for the city in which the skill of his profession may be required or useful. He shall perform such work as may be required of him in respect to the public highways, streets, bridges and local improvements authorized by this act, subject to the general direction of the Common Council and in accordance with ordinances adopted by such Council. He shall perform all duties which may be required of him by the Water Board. He shall perform such other duties as may be prescribed by ordinance of the Common Council. The Assistant City Engineer shall aid the City Engineer in the performance of his duties. [§ 156, L. 1911, c. 870]
The following shall be deemed public highways within said city:
1. 
All streets, lanes and alleys now in public use, laid down on the map of the Village of Lockport made by Jesse P. Haines, surveyor, dated 1845.
2. 
All streets, lanes or alleys now in public use, heretofore laid out and allowed by or under any law of this state, of which a record has been made in the office of the County Clerk of Niagara County, or of the Clerk of the Town of Lockport, or of the City Clerk.
3. 
All streets, lanes or alleys not recorded, which have been or shall have been worked or improved and used as public highways for 20 years or more, and the same shall be located as used.
4. 
Provided, however, that so much of any street, lane or alley as has been discontinued by the consent of the Trustees of the Village of Lockport, or the Common Council of said city, shall not hereafter be deemed public highways; and if any of the streets, lanes or alleys of said city have been altered by the consent of the Trustees of the Village of Lockport, or of said Common Council, the same is hereby ratified and approved, and the same as so altered shall be public highways. [§ 157, L. 1911, c. 870]
The Common Council shall cause all the public highways, specified in the last preceding section, and all public squares, public grounds, basins, canals, wharves, docks, slips and lands for sewer purposes in said city, as have heretofore been laid out, taken and opened for and are now in public use; and all such public squares, public grounds, basins, canals, wharves, docks and slips in said city, as have been, or at any time hereafter shall have been, used by the public for 20 years continuously; and all such streets, lanes, alleys, public grounds, public squares, basins, canals, wharves, docks, slips or lands for sewer purposes in said city, as may hereafter be taken and acquired, or voluntarily opened to public use, as in this title provided, and every alteration of any thereof hereafter made, to be ascertained, surveyed, described and certified by the City Engineer and recorded by the City Clerk in a proper book to be kept in his office, to be called the "Highway Record." [§ 158, L. 1911, c. 870]
The Common Council may lay out, make and open streets, alleys, lanes, highways, grounds for markets, public grounds, basins, canals, docks and slips in said city and alter, widen, contract, straighten or discontinue the same, and may take and appropriate such lands in said city as it may from time to time deem necessary therefor and for the construction of common public drains and sewers. All streets, alleys, lanes, highways, market grounds, public grounds, docks, basins, canals and slips laid out by it and all lands so taken and appropriated for sewer purposes, when opened and made, shall be public highways or grounds for the purpose for which the same were acquired.
When the alteration or discontinuance of a street or highway, or a part thereof, will cut off from all access to a public street or highway any property abutting on the street or alley, or a part thereof, so closed, the same shall not be closed without notice by certified or registered mail to the owners and mortgages of record, if any, of such property.
The Common Council shall provide for the reservation of an easement in any vacated public way for public utility purposes, and may prohibit the erection of any structures over, under or adjacent to such public utilities without the express consent of the city. Such consent or the termination of such easement or the abandonment thereof may be accomplished by resolution of the Common Council without notice to any party.
Upon discontinuance of streets, alleys, lanes, highways, grounds for markets, public grounds, basins, canals, docks, slips, et cetera, the same may be used for any other city purpose or may be sold or leased by complying with the following requirements: No sale or lease of any of the aforesaid properties shall be made or authorized except by vote of a majority of all the members of the Common Council. The sale or lease shall be by public auction to the highest bidder under proper regulations as to the giving of security and after public notice to be published at least once in the official newspaper, unless the Common Council shall otherwise provide, that said property may be sold or leased without public bidding therefor. The sale or lease of any of the aforesaid properties shall not be valid or take effect unless made as aforesaid and subsequently approved by vote of a majority of all of the members of the Common Council and also approved by the Mayor. Any lease executed hereunder shall not exceed 40 years in duration.
The provisions of this section shall not apply to the sale, lease of real property owned by the city, to the Lockport Urban Renewal Agency, under the provisions of Article 15 and/or Article 15-A of the General Municipal Law of the State of New York, as amended, relating to urban renewal or the Greater Lockport Development Corporation under the provisions of Article 14, Section 1411 of the Not-for-Profit Law of the State of New York. [§ 159, L. 1911, c. 870; amended by L.L. No. 2-1955; L.L. No. 1-1961; L.L. No. 1-1966; 3-5-2008 by L.L. No. 1-2008]
[§ 160, L. 1911, c. 870; repealed by L.L. No. 2-1961]
[§ 161, L. 1911, c. 870; repealed by L.L. No. 2-1961]
[§ 162, L. 1911, c. 870; repealed by L.L. No. 2-1961]
[§ 163, L. 1911, c. 870; repealed by L.L. No. 2-1961]
[§ 164, L. 1911, c. 870; repealed by L.L. No. 2-1961]
[§ 165, L. 1911, c. 870; repealed by L.L. No. 2-1961]
[§ 166, L. 1911, c. 870; repealed by L.L. No. 2-1961]
[§ 167, L. 1911, c. 870; repealed by L.L. No. 2-1961]
[§ 168, L. 1911, c. 870; repealed by L.L. No. 2-1961]
[§ 169, L. 1911, c. 870; repealed by L.L. No. 2-1961]
[§ 170, L. 1911, c. 870; repealed by L.L. No. 2-1961]
[§ 171, L. 1911, c. 870; repealed by L.L. No. 2-1961]
[§ 172, L. 1911, c. 870; repealed by L.L. No. 2-1961]
Nothing in this act contained shall be construed as prohibiting the laying out and opening of streets, lanes, alleys, highways, public grounds, basins, canals, wharves, docks and slips in said city, by the owners of the lands covered thereby. Whenever the owner or owners of lands in said city shall determine to lay out and open in and upon their said lands any public street, lane, alley, highway, public ground, basin, canal, wharf, dock or slip, he or they may make a proper map or plan thereof, and description, giving the courses and distances, or other proper and definite words to show the boundary thereof, and file the same, together with a statement of such determination signed by him or them, in the office of the City Clerk, who shall thereupon present the same to the Common Council, which shall accept or reject the same by resolutions. In case of its acceptance thereof, said description shall be recorded in the record book provided therefor, as hereinbefore required, and thenceforth said described premises shall constitute and be a public street, lane, alley, highway, public ground, basin, canal, wharf, dock or slip, as the case may be, of said city. [§ 173, L. 1911, c. 870]
The said city shall be regarded as a town under §§ 52, 54 and 55 of the Highway Law, and the provisions of said sections and the laws amendatory thereof and supplemental thereto relative to the obstruction of highways, and encroachments thereon, and penalties imposed therefor, and the recovery of the same shall, so far as they are applicable, apply to said city. [§ 174, L. 1911, c. 870]
The Common Council shall have power to enact ordinances and bylaws pertaining to streets, highways, parks and other public places in the city, and to make or order and direct the making of such general or local improvements in the streets, lanes, alleys, open courts, squares, marketplaces, parks or public grounds of said city as it shall deem for the best interests of the said city. The Common Council may make, regulate, repair, amend, alter, and clean the streets, alleys, highways, bridges, side- and crosswalks, wharves, piers, docks, canals and slips in said city and prevent the encumbering of the same in any manner, and protect the same from encroachments and injury; it may reduce, excavate, fill, level, pitch, plank, pave, repave, macadamize, or cover with stone, gravel or other material, make, curb, gutter or flag any of the streets, alleys, lanes, sidewalks, wharves, docks, roads, open courts, squares or public places in said city, and direct the making and repairing of railings at exposed places in the streets; it may direct and regulate the planting, rearing and preserving of ornamental trees, shrubs and plants in the streets and parks; it may make, regulate and repair wells, pumps, reservoirs of water, ditches, gutters, public sewers, drains and vaults, extend water mains in said city; and generally it may order and direct all public improvements and expenditures in the streets, sidewalks, squares and public places in said city, and appropriate and expend all moneys raised by tax, issue and sale of bonds, or assessment for such purposes in said city. But nothing herein contained shall prevent the improving of highways by local assessment. [§ 175, L. 1911, c. 870]
The Common Council may construct, repair and maintain bridges, culverts, reservoirs and crosswalks, and by a two-thirds vote of all the members elected, determine that the same shall be at the expense of the city, or may assess the expense thereof, or such portion of the expense thereof, as it shall deem equitable, upon the lands benefited thereby. In case of the total or partial destruction of or injury to any bridge, culvert, sewer or crosswalk, in or along any public street or highway, in said city, by a violent storm or freshet or other unusual elemental calamity, so that the passage along said street or highway shall be obstructed or prevented and public convenience shall require the immediate reconstruction or repair of any such bridge, culvert, sewer or crosswalk, the said Common Council may, by a vote of 2/3 of all the members elected, order the reconstruction or repair of such bridge, culvert, sewer or crosswalk, and may cause the same to be reconstructed and repaired before ordering an assessment to defray the expense thereof; and in case of the reconstruction or repair of any such bridge, culvert, sewer or crosswalk, the Common Council may cause the expense thereof, or such part thereof as it shall deem equitable, to be assessed upon the real estate deemed benefited thereby; and in such case assessment shall be made in the same manner and with like effect as other local assessments made under the provisions of this act. In case the whole or any part of the expense of such construction, repair or reconstruction shall be charged upon the city, such expense or part thereof may be included in the annual tax budget and shall be raised in the same manner as other charges against the city are raised. The moneys so raised shall not be used or expended for any other purpose. No petition of property owner shall be required as a basis of action under this section. [§ 176, L. 1911, c. 870]
The Common Council shall declare a street or specified portion of a street to be an improved street, in cases where the same has been or may be permanently improved from local assessment or as otherwise provided herein, by paving, macadamizing or graveling, and thereafter there shall be annually set apart from the money raised in said city by general tax for highway purposes, to the repairing and maintenance of such street or specified portions of a street, such part of said highway moneys as shall have been levied upon the lands originally assessed for such permanent improvement of said street or portion thereof, or so much thereof as the Common Council shall determine to be sufficient for such repairs and maintenance. Whenever the sum to be set apart for any improved street, or portion thereof, shall, in the judgment of the Common Council, be insufficient for the proper repairing and maintenance of such improved street or part thereof, the said Common Council may, at the time the annual city taxes are levied and assessed, cause to be levied and assessed in the same roll, upon the real estate originally assessed for such permanent improvement, such further additional sum as may be necessary for such proper repairing and maintenance, which further and additional sum shall be so levied and assessed upon such real estate in proportion and according to its assessed valuation upon such roll, and the same shall be used for no other purpose than that for which it was levied and assessed. But whenever, in any year, the sum so set apart for the repair or maintenance of any paved street thus declared to be an improved street shall be found to be in excess of the amount required in that year, the Common Council may, in its discretion, direct such excess to be repaid into the General Highway Fund. Nothing herein contained shall prevent the city from financing the cost of such repairing and maintenance pursuant to the Local Finance Law. Provided, however, that if obligations are issued for such purposes the principal of and interest on such obligations shall be paid from taxes levied upon the lands originally assessed for such permanent improvement. [§ 177, L. 1911, c. 870; amended by L. 1943, c. 710]
An additional sum in this section authorized to be levied shall include an amount to be used for the sprinkling of such improved street with water to lay the dust therein when necessary. The Common Council may let by contract to the lowest bidder, for any period not, however, in excess of three years, the cleaning of such improved streets as it shall, be resolution, designate, and the expense thereof shall be paid from the Highway Fund. Nothing in this section contained, however, shall be construed to prevent the cleaning of such improved streets or any part thereof by and under the direction of the Mayor and Superintendent of Streets as herein otherwise provided. [§ 178, L. 1911, c. 870]
The Mayor may appoint some suitable person, other than the Director of Engineering and Public Works or the Mayor's designee, to superintend the expenditure, upon any such improved street or portion thereof, of the money set apart from said highway moneys, and so levied and assessed in addition thereto or otherwise provided therefor; provided, however, that such person shall hold his office during the pleasure of the Mayor, and will and shall so superintend such expenditure without any charge therefor to said city, or to said moneys. Said Special Superintendent shall report to the Common Council annually, on the first Monday in August, and at such other times as the Common Council may require, his receipts and disbursements, and property on hand in and about his said office in detail. [§ 179, L. 1911, c. 870; amended by L. 1943, c. 710; 2-2-2011 by L.L. No. 1-2011]
The Common Council may at any time, when the interests of the city in its judgment require such action, rescind any resolution declaring a street or portion of a street to be an improved street; and such rescission shall take effect from and after the first Monday of August next following such action. In such case any money unexpended applicable to the said improved street, or portion of a street, shall be transferred to the Highway Fund. [§ 180, L. 1911, c. 870]
It shall in all cases be the duty of the owner of any lot or parcel of land in said city to keep the sidewalks in front of or adjoining his lot or parcel of land in good repair and safe and convenient for the public use, and it shall be the duty of the occupant of any lot or parcel of land in said city, or of the owner thereof in case the same be vacant or unoccupied, to remove or clean away snow and ice or other obstructions from such sidewalks and from the street gutter in front of his lot or parcel of land and keep the same free and clear therefrom. [§ 181, L. 1911, c. 870]
The building and maintaining in good order of all sidewalks and curbs, the grading and trestling therefor, and the building of necessary retaining walls to prevent the earth from caving from underneath said walks, and piers for the support thereof, shall be done at the expense of the premises in front of which they are required, or at the expense of the owners thereof. [§ 182, L. 1911, c. 870]
Whenever in the opinion of the Director of Engineering and Public Works or the Mayor's designee any of the work specified in the foregoing section shall be necessary to be done, he shall order the same to be done within a specified time, and in case said premises shall be in actual occupation of any person, such person or the owner of the premises shall be served with a notice in which shall be stated in general terms what has been ordered to be done and the time within which it has been required to be done.[§ 183, L. 1911, c. 870; amended 2-2-2011 by L.L. No. 1-2011]
The notice specified in the foregoing section shall be signed by the City Clerk, and shall be served personally or by leaving it with some person of suitable age at the place of residence of such occupant or owner, or it may be served by depositing it in the post office with the postage prepaid thereon, properly folded and directed to such occupant or owner, at his place of residence, if known, or if not, then at Lockport, New York. An affidavit stating the time and manner of the service of such notice shall be made by any person having knowledge thereof, and filed in the office of the City Clerk, which affidavit, when so filed, shall be presumptive evidence in all courts of the facts therein contained. [§ 184, L. 1911, c. 870]
If any work shall not be done within the time limited therefor, the Director of Engineering and Public Works or the Mayor's designee shall, by contract or otherwise, cause it to be done, and shall forthwith present a statement of the expense thereof, with a description of the premises in front of which the work shall have been done, to the Common Council, who shall assess the expense of said work, with 12% additional, upon said premises, or upon the owner thereof, and in case said premises shall not be in actual occupation of any person said Director of Engineering and Public Works or the Mayor's designee shall cause said work to be done forthwith, and without notice, and the expense thereof to be assessed in the same manner.[§ 185, L. 1911, c. 870; amended 2-2-2011 by L.L. No. 1-2011]
The Clerk shall enter in a book to be kept for that purpose the name of the owner or occupant of the premises assessed, a brief description of said premises and the amount of such assessment, and a bill or statement of the amount of such assessment shall be sent by mail or be presented personally to such owner or occupant, if his address be known, otherwise the same shall be mailed to such owner or occupant, at Lockport, New York. Any person or the owner of any premises so assessed may pay such assessment, together with interest at the rate of 6% per annum, from the time such assessment was made, and upon such payment the record of such assessment shall be canceled. The City Clerk shall forthwith notify the City Treasurer of said action and it shall be the duty of the City Treasurer to enter the same in a book to be kept by him for that purpose. Said City Treasurer shall furnish a full and complete list of such expenditures to the Assessors within 10 days after the confirmation of the annual tax budget in each fiscal year. [§ 186, L. 1911, c. 870]
Said assessment shall be and become a lien on the premises in front of which the work shall have been done in the same manner and with the same effect as other assessments are made liens by any of the provisions of this act. [§ 187, L. 1911, c. 870]
The Mayor, with the consent and approval of the Common Council, shall appoint some competent person as chief operator of the sewage disposal plant; and from time to time such assistant operators and employees as may be necessary for the management, operation and care of the sewage disposal plant. The salaries of said appointees shall be fixed by the Common Council. [Added by L.L. No. 3-1940]