The Board of Park Commissioners of the City
of Peekskill created and existing under Chapter 551 of the Laws of
1903, as amended and supplemented, is hereby dissolved and abolished.
(a)
All property, real and personal, and all powers, assets,
rights and privileges owned, possessed or enjoyed by the Board of
Park Commissioners of the City of Peekskill are hereby transferred
to and vested in the City of Peekskill; and all debts, liabilities
and agreements of said Board are hereby imposed on said city. On the
effective date hereof said Board of Park Commissioners of the City
of Peekskill shall cause to be filed with the City Clerk:
(1)
Adequate inventories and statements of all assets,
accounts and liabilities of said Board;
(2)
All rules and regulations adopted by said Board and
then in effect; and
(3)
All deeds, assignments, conveyances and other instruments,
in form satisfactory to the Corporation Counsel of the city, as shall
be necessary to evidence the transfer of all property, assets, rights
and privileges to said city as aforesaid.
(b)
The functions, powers and duties heretofore exercised
by said Board relating to maintenance, control and management of all
the public parks of the City of Peekskill, including personnel and
allied functions, together with the functions and duties relating
to the recreation program, are hereby transferred to a Department
of Parks and Recreation, which is hereby created.
(a)
There is hereby created the position of Director of
Human Services, which position shall be under the direction and supervision
of the City Manager and shall be filled by appointment by the City
Manager, subject to the approval of the Common Council. The Director
of Human Services shall serve at the pleasure of the City Manager.
(b)
The Director of Human Services shall supervise and
oversee the Department of Parks and Recreation of the City of Peekskill
and shall be responsible for all of the functions of the Department
of Parks and Recreation as are set forth in § C195 of this
Charter, as amended, and such additional duties as may, from time
to time, be designated by the City Manager. In addition, the Director
of Human Services shall coordinate the Senior Citizens Programs (whether
pursuant to Article 13-D of the General Municipal Law or otherwise)
of the City of Peekskill and all special events programs of the City
of Peekskill. The Director of Human Services shall supervise and oversee
the Departments of Youth Services and Recreation Services of the City
of Peekskill and shall serve as liaison between the city and the Peekskill
Field Library and the Paramount Center for the Arts. The position
of Director of Parks and Recreation and Director of Youth Services
shall report to and be under the supervision of the Director of Human
Services.
(c)
The Director of Human Services shall, in conjunction
with the Director of Public Works and at the discretion of the City
Manager, administer and oversee the maintenance, control and management
of all of the public parks of the city.
[Amended 5-14-2007 by L.L. No. 2-2007; 6-24-2019 by L.L. No. 3-2019]
(Reserved)
The provisions of law governing the establishment,
maintenance, management, control and distribution of pension funds
for the benefit of members of the Police Department shall be unimpaired
by this Charter.
[Amended 5-14-2007 by L.L. No. 2-2007]
(a)
The Planning Commission shall consist of seven members
to be appointed by the Common Council, of whom not more than four
shall be members of the same political party. The present members
of the Planning Commission shall continue in office until the expiration
of their terms. Upon the expiration of the term of each member of
the Planning Commission, the term of office of each member thereafter
appointed shall be three years. The members of the Commission during
the month of May in each year shall meet and choose from among their
number a member to serve as Chairperson and such other officers as
are provided by law. In the event of a vacancy caused by death, resignation
or otherwise than by expiration of term, a successor shall be appointed
by the Common Council for the unexpired term.
(1)
The
Common Council shall have the power and is hereby authorized to appoint
up to two additional members to the Planning Commission. Such additional
members shall be known as "alternate members." Alternate members shall
serve terms of one year from the date of their appointment and may
be members of any political party. In the event any member of the
such body for any reason is unable to participate on any item of business
or matter coming before the Planning Commission and/or is unable to
attend a meeting or part thereof, the chairperson or other presiding
officer of the Planning Commission may designate an alternate to substitute
for such member. When so designated, an alternate member shall possess
and shall have the authority to exercise all the powers, authorities
and responsibilities of a member of the Planning Commission. Any alternate
member present and participating shall be counted as a member in attendance
for the purpose of satisfying quorum requirements.
[Added 11-28-2022 by L.L. No. 10-2022]
(b)
It shall be the duty of the Planning Commission:
(1)
To formulate and advise the Common Council and the
City Manager in regard to plans for the development of the city, the
improving of its physical appearance and the increasing of its beauty,
healthfulness and safety.
(2)
To prepare and change the Comprehensive Plan for the
development of the entire area of the city and to adopt and amend
the same from time to time as required by law.
(3)
To advise the Common Council and the City Manager
with regard to all zoning changes, changes in the city map and proposed
public buildings, streets, bridges, parks, other public works, transit
routes and utility franchises, with special reference to their conformity
with the Comprehensive Plan.
(4)
To develop and recommend to the Common Council a comprehensive
plan for the proper zoning of the city and amendments thereto from
time to time.
(5)
To submit to the City Manager annually, not later
than the first day of August, a list of recommended capital improvements
specifically related to the Comprehensive Plan or planning issues
which in the opinion of the Commission are necessary or desirable
to be constructed during the forthcoming year period. Such list shall
be arranged in order of preference so far as may be, with recommendations
as to which projects should be constructed, commenced or advanced
during the coming year. Such list shall be published twice in the
official paper or papers and shall be placed on file in the office
of the Clerk as a matter of public record.
(6)
To exercise all the powers enumerated in Article 3
of the General City Law, as amended.
(7)
To promote public interest in and understanding of
the Comprehensive Plan and of planning and zoning as aids to the proper
development of the city as a wholesome place in which to live and
work.
(8)
To perform such other duties as may be assigned to
it by the Common Council.
(c)
Implementation of the Comprehensive Plan.
(3)
Common Council action. Before acting on any proposed
ordinance concerning land use and development regulations, urban renewal
or expenditures for capital improvements where such ordinance refers
to a matter covered by the Comprehensive Plan, the Common Council
shall refer the proposal to the City Planning Commission, which shall,
within a time specified by the Common Council and prior to the public
hearing on the proposed ordinance, report its recommendations thereon.
Before adopting any such ordinance, the Common Council shall make
findings and report on the relationship between the ordinance and
the Comprehensive Plan, and in the event that the ordinance does not
accord with the Comprehensive Plan, the plan shall be deemed to be
amended in accordance with such findings and report.
[Amended 5-14-2007 by L.L. No. 2-2007; 6-24-2019 by L.L. No. 3-2019]
No civil action shall be maintained against
the city for damages or injuries to person or property sustained in
consequence of any street, highway, bridge, culvert, sidewalk, crosswalk,
grating, opening, drain, sewer, public parking area, playgrounds or
pathways being defective, out of repair, unsafe, dangerous or obstructed
unless it appears that written notice of the defective, unsafe, dangerous,
obstructed condition of such street, highway, bridge, culvert, sidewalk,
crosswalk, grating, opening, drain, sewer, public parking area, playground
or pathway was actually given to the Director or Acting Director of
Public Works and that there was a failure or neglect within a reasonable
time after the giving of such written notice to repair or to remove
the defect, danger or obstruction complained of. No such action shall
be maintained for damages or injuries to person or property sustained
solely in consequence of the snow or ice upon any sidewalk, crosswalk
or street unless written notice thereof relating to the particular
place was actually given to the Director or Acting Director of Public
Works of the condition or conditions complained of and there was a
failure or neglect to cause such snow or ice to be removed or the
place made reasonably safe within a reasonable time after the receipt
of such notice. Each and every owner or person having charge of real
estate in the city, abutting or bordering upon any sidewalk, shall
be primarily liable to third persons for damages or injuries to person
or property sustained due to a defective, out of repair, unsafe, dangerous,
obstructed or slippery condition on such sidewalk. The city shall
not be liable in civil action for damages or injuries to person or
property or invasion of personal or property rights of any name or
nature whatsoever, whether casual or continuing, arising at law or
in equity, alleged to have been caused or sustained, in whole or in
part, by or because of any omission of duty, wrongful act, fault,
neglect, misfeasance or negligence on the part of the city or any
of its agents, officers or employees, unless a claim therefor in writing,
verified by the oath of the claimant, containing a statement of the
place of residence of the claimant, by street and number, if any,
otherwise such facts as will disclose such place of residence with
reasonable certainty, and describing the time when, the particular
place where and the circumstances under which the damages or injuries
were sustained, the cause thereof and, so far as then practicable,
the nature and extent thereof, shall, within 90 days after the happening
of the accident or injury or the occurrence of the act, omission,
fault or neglect out of which or on account of which the claim arose,
be presented to the Common Council and served upon the Mayor or City
Clerk and notice of intention to commence an action thereon must be
served upon the Corporation Counsel, nor unless an action shall be
commenced thereon within one year and 90 days after the happening
of such accident or injury or the occurrence of such act, omission,
fault or neglect; but no such action shall be commenced to recover
upon or enforce any such claim against the city until the expiration
of three months after the service of said notice upon the Corporation
Counsel. The Mayor of said city may, within the period of three months
from the time of the presentation of any claim against the city, require
the claimant to be sworn with relation of such claim, and when so
sworn, to swear orally as to any facts relating to the justice of
such claim. Nothing contained herein, however, shall be held to revive
any claim or cause of action now barred by any existing requirements
or statute of limitations nor to waive any existing limitation now
applicable to any claim or cause of action against the city. The place
of trial of all actions or proceedings against the city or any of
its officers, boards or departments shall be the County of Westchester.
The amount of any final judgment against the
city shall be reported immediately to the City Manager and Common
Council by the Corporation Counsel and such amount shall be raised
in the next annual budget or paid out of moneys unappropriated or
financed pursuant to the provisions of the Local Finance Law. Until
the moneys be so raised and unless the city refuses to pay the judgment
within 30 days after it has funds in hand for such payment, no execution
on the judgment shall issue against the city.
(a)
All officers holding office on the effective date
of this local law[1] and all employees of the city on such date shall continue
in their respective offices and employments unless and until replaced
in accordance with the provisions of this Charter or other law.
[1]
Editor's Note: "This local law" refers to
L.L. No. 2-1967, adopted 11-7-1967.
(b)
All books, papers, documents and files, funds and
moneys in the hands of the elective and appointive officers superseded
by other officers at the time when the city manager provision of this
Charter goes into effect shall be turned over by such officers to
their successors in the use or custody of such materials as soon as
such successors are appointed. In case of doubt as to the proper successor,
such materials shall be turned over to the City Manager.
(c)
All funds and moneys in the hands of officers of the
city at such time shall be turned over to the Comptroller.
(d)
No legal action or proceeding pending at such time
shall be affected by any change in the officers of the city, but all
such actions or proceedings shall be continued with the appropriate
successors of the officers with whom they were commenced.
(e)
Notwithstanding anything herein to the contrary, after
the effective date of this local law,[2] the Common Council shall appoint from among the appointed
department heads of the city a person to serve as Acting City Manager
until the Common Council shall appoint a City Manager as herein provided.
Such Acting City Manager shall have the powers and authority of the
City Manager hereunder. While acting as City Manager, such person
shall receive no additional compensation and he/she shall be exempt
from so much of the provisions of § C18 of this Charter
as prohibits him/her from holding more than one city office and declares
vacant his/her present office upon acceptance of the position of Acting
City Manager.
[2]
Editor's Note: "This local law" refers to
L.L. No. 2-1967, adopted 11-7-1967.
Whenever any property in the city shall be owned
by two or more persons jointly or as tenants in common or otherwise,
a notice served on one of such owners shall be sufficient notice to
all for any purpose requiring a notice under this act.
The City of Peekskill shall be liable for the
principal of and interest on the bonds, notes, certificates and other
evidences of indebtedness of the Village of Peekskill and may pay,
renew, fund or refund any or all obligations of the village as if
said bonds, notes, certificates or other evidences of indebtedness
had been issued by the city in the first instance. The city shall
also be liable for such share of all bonds and other lawful obligations
issued by the Town of Cortlandt, and which bonds and other lawful
obligations are legally chargeable against the property located within
the incorporated limits of the City of Peekskill, in the proportion
that the total assessed value of property in the City of Peekskill
shall bear to the total assessed value of property in the City of
Peekskill, Villages of Buchanan and Croton and all other unincorporated
areas located in the Town of Cortlandt. For this purpose the last
assessment roll of the Town of Cortlandt shall be the basis of such
computation.
If any article, section, clause, sentence, paragraph
or part of this act shall for any reason be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined
in its operation to the article, section, clause, sentence, paragraph
or part thereof directly involved in the controversy in which such
judgment shall have been rendered.
This act shall take effect January 1, 1940;
provided, however, that this act shall be adopted and approved as
follows: At the general election of the inhabitants of the territory
within the proposed City of Peekskill, as in this act described, which
shall be held on the 12th day of April 1938, at which there shall
be submitted to the qualified voters the following proposition: Shall
the legislative act of nineteen hundred thirty-eight approved by the
governor, entitled "An act to incorporate the City of Peekskill" be
approved? Unless a majority of the votes cast at such election shall
be in the affirmative, this act shall thereupon be ineffective.[1] All said inhabitants possessing the qualifications to
vote under the present Charter of the Village of Peekskill shall be
entitled to vote at said election.
[1]
Editor's Note: The Charter was approved by
the voters at the general election held 4-12-1938. The submission
of the proposition was later held void by the Court of Appeals. The
submission was subsequently legalized by Chapter 409 of the Laws of
1940 and Peekskill became a city 4-12-1940.
[Added 3-12-2012 by L.L.
No. 4-2012]
(a)
In the
event that any owner of any occupied or unoccupied lot or piece of
land or any part thereof within the City of Peekskill shall fail to
maintain or repair the same as required by this City Charter and/or
by City Code, such owner may, in addition to or in lieu of other remedies,
be served an abatement notice either personally or by certified mail,
return receipt requested, to his or her last known address or place
of residence, if known, and, if not known, then by posting a copy
of the notice in a conspicuous place upon the premises and by certified
mail, return receipt requested, to the address shown upon the records
of the City Comptroller for the mailing of tax bills. In the case
of a corporate owner, the notice shall be sent to the agent or a principal
of the corporation as shown in the records of the City Comptroller
or, if not so shown, then to the address shown upon the records of
the City Comptroller for the mailing of tax bills and, if not so shown,
then to the Secretary of State designated as agent for the service
of process in the State of New York.
(b)
The abatement
notice shall specify the provisions of the City Charter and/or City
Code deemed to have been violated, require the owner to correct the
condition within 14 days and provide that if the owner fails to do
so, the City may cause the required work or repair to be made and
assess a lien against the property for the cost of the work or repair,
including the actual costs for all time and materials together with
an additional 25% administrative fee for costs of inspection and other
incidental costs associated with abating the condition. The notice
shall advise the owner of the right to a hearing, obtained by written
request to the City within the time specified for compliance by the
notice. The notice shall specify the provisions of the City Charter
and/or City Code deemed to have been violated and the right to a hearing
obtained by written request to the City within 14 days of the date
of the notice. If the City determines that an immediate emergency
exists, the City may undertake or cause to be undertaken such work
or repair prior to the expiration of the fourteen-day notice period.
(c)
Should
such owner fail to comply with the abatement notice, the City may
cause the work or repair to be made by entering contracts therefor
and making payment out of available funds, except that, if the City
determines that an emergency exists, the City Manager or City Manager’s
designee may order the work or repair to be made by or on behalf of
the City. The City shall keep records of the cost of such work.
(d)
Should
the work or repair be performed by or on behalf of the City after
notice has been given pursuant to this section and the owner’s
time for compliance has run out, the City shall advise the owner in
writing of the cost of such work or repair, including the actual costs
for time and materials, whether performed by City staff or a contractor
on behalf of the City, together with an additional 25% administrative
fee for costs of inspection and other incidental costs associated
with abating the condition, and, subsequent thereto, the owner shall
have the right to request a hearing to challenge the cost of such
work or repair within 14 days of said notice. The cost of the work
or repair as finally determined together with the administrative fee
and all actual and incidental costs shall be assessed as a lien against
the affected property. Notice shall be given to the City Comptroller
specifying the property affected by lot and block numbers as the same
appear on the Official Tax Assessment Map of the City of Peekskill,
together with the actual costs of time and materials incurred in undertaking
such work or repair, whether performed by City staff or on behalf
of the City, together with an additional 25% administrative fee for
costs of inspection and other incidental costs associated with abating
the condition, and, from the hour of filing, the amount of the charges
specified in said notice to the City Comptroller shall be a lien upon
the property affected thereby. A copy of this notice shall be served
by certified mail upon the owner of the affected property, in the
manner specified in Subdivision (a) above. The costs specified, if
not paid by or on behalf of the owner within 30 days of notice, shall
be added to and collected with the subsequent City property tax levy
and shall bear interest and be enforced as provided by law for other
City taxes.
(e)
No action
for damages may be maintained against the City by reason of its failure
to comply with any of the provisions of this section.
