The Department of Public Works, at the direction
of the Mayor, shall have the care and control of the streets, sewers
and public parks of said city; and the control, supervision and regulation
of all matters affecting the lighting of said city, whether by gas,
electricity or otherwise; and said Department shall have and exercise
the following powers and duties:
A.
To employ officers, employs and agents as may be necessary
to care for and keep in order, the streets, parks and sewers, and
to pay them such salaries as the Department shall determine. For employment
purposes, residence within a ten-mile radius from the city geographical
limits shall be permissible.
B.
To lay out, open, extend, alter, widen, straighten,
construct or discontinue streets, or parts thereof, walks, public
squares, parks and bridges in said city as hereinafter provided in
this act, but no street shall be discontinued without the written
consent of all parties owning lands thereon, and no part of a street
shall be discontinued without the written consent of all parties owning
lands on the part discontinued.
C.
Paving streets and sidewalks, etc.
(1)
To cause any street or section of a street to be graded,
paved, repaved, macadamized or remacadamized; and to fix and regulate
the grade line of streets and sidewalks.
(2)
To cause the sidewalks on the streets and highways
to be raised, leveled, curbed, graded, flagged, graveled, paved, planked
and repaired, and at the expense of the owners of the adjacent lands
and premises and if any of the matters or things above-mentioned be
not done by said owners within the time and in the manner or with
the material required and prescribed, said Department may do or cause
the same to be done, and cause the expense thereof to be assessed
on the owners and cause the same to be levied and collected by special
assessment or at the same time that the general taxes are payable
as herein provided.
(3)
No sidewalk shall be made or remade without first
obtaining the consent of the Department, and the approval by the Department
or its Superintendent, of the materials, construction, grade, width
and specifications, of the proposed sidewalk or change therein.
D.
To purchase all necessary implements; to hire and
employ and discharge the necessary laborers, and to direct them as
to the time and manner of the execution of their work in making any
repairs upon the streets, bridges, parks and sewers of said city,
or in cleaning and taking care of the same.
E.
To establish rules and regulations for its own government
and the government of the Superintendent and its other agents and
servants, and prescribe the duties of said officers, agents and servants.
F.
Maintaining streets, etc.
(1)
To contract for, purchase and provide materials, tools
and machinery for keeping the streets in repair, or for grading, paving
or repaving the same, or sweeping the streets, or sprinkling or oiling
the streets, or for keeping the parks in proper condition.
(2)
To compel every person to clean the ice and snow from
the sidewalk and gutters in front of any house, building or lot, owned
or occupied in whole or in part by him, and in case of neglect so
to do, to clean or cause to be cleaned such sidewalk or gutter, and
the expense thereof, together with 10% in addition thereto, shall
become a lien upon said house, building or lot to be collected in
the same manner as other assessments are collected as provided by
this act.
(3)
To contract for extending the distribution of sewers
as hereinafter provided, and to make contracts for grading, paving,
repaving, causing sidewalks to be made and remade, curbs to be set
and reset, and gutters to be made and remade on any street as hereinafter
provided or for the whole or any part of the work of extending said
pipes or sewers.
G.
Trees and plantings.
(1)
To contract for, cause and regulate the planting,
setting out, protection, rearing, trimming, spraying, cutting, removal
and care of all trees, shrubs, plants, flowers and lawns in the streets,
parks and public places.
(2)
To compel the owners of any premises to properly protect,
spray or trim, or to cut down, any tree, shrub or plant within or
partly within the line of any street or highway, and in case of the
refusal or neglect of the owner so to do, to cause the same to be
done at the expense of the owner and to cause such expense to be collected
as herein provided.
(3)
No tree within or partly within the line of any street
or highway shall be trimmed, removed or cut down, without first obtaining
the consent of the Department of Public Works, or its Superintendent.
Prior to the issuance of any permit for the trimming or removal of
any tree, the Department of Public Works or its Superintendent shall
seek a recommendation from the Tree Commission unless public safety
requires immediate action to remedy the situation.
[Amended 4-6-1999 by L.L. No. 1-1999,
approved 4-21-1999]
H.
To grant permits for the use of the sewers, to make
proper rules and regulations for the same, and to provide for the
same, and to provide for the protection and preservation of the pipes
and sewers and all property connected therewith, and to order proper
penalties, not exceeding $50 for each offense, for the violation of
any such rules and regulations so made. Such rules may be enforced,
and the penalties enacted thereby collected with costs in a civil
action to be brought in the name of the city in any court having cognizance
thereof. The penalty so collected shall be paid to the Comptroller
of said city, to the credit of the Department.
I.
To require the City Engineer to make all necessary
surveys and maps for said city, and to enter in and upon any lands
for the purpose of making such surveys, and to do all necessary work
connected with the laying out, opening, widening, straightening, constructing
or discontinuing streets, public squares or parks; and to ascertain
the boundaries of all streets and parks therein.
J.
To require any building, fence, awning, post, pole,
sign, carriage block, porch, steps, bay windows or any other structure
or erection which is, or may be hereafter erected, built or placed
within the line of any street, highway, park or public place in the
city to be removed therefrom by the owner or occupant; and to make
general rules and ordinances in regard to the deposit of building
materials or other materials upon the streets or sidewalks in front
of any lot or premises an to determine the manner and conditions upon
which permits therefor shall be granted; and in case of the neglect
or refusal of any person who shall have caused any such encroachment,
encumbrance or obstruction contrary to such rules or ordinances of
said Department, or the owner of any premises upon which shall be
any building or other structure or thing encroaching upon, encumbering
or obstructing any street, sidewalk, highway, park or public place,
to remove the same after being notified so to do, the Department may
cause such removal at the cost and expense of such person or of such
owner and to cause the cost and expenses to be collected as herein
provided for the collection of assessments.
K.
To require any turnpike, street railway, railroad
or any other road corporation or company, to keep the streets or highways
through which its road may pass in said city and the gutters therefor
in good condition and repair; to lay or relay such road according
to the established grade of such street or highway or such parts of
the same as the Department may prescribe or direct, and to remove
without unnecessary delay all encumbrances or obstructions which such
corporation or company have placed or caused to be placed upon such
street or highway; and in case such corporation or company refuse
or neglect to do any of the acts so required, said Department may
cause the same to be done at the cost and expense of such corporation
or company, and such cost and expense, to be fixed and determined
by the Department, may be collected as herein provided. A street railway
company, however, may be compelled to repair or keep in condition
only that part of the road covered by its tracks and two feet beyond
its rails on each side, and if necessary to remove ice and snow from
any street, to remove only the portion thrown out by it.
L.
To provide for the removal of dirt and snow from the
streets; to grant permits for the deposit of building materials on
the streets, and to regulate the same; to grant permits for opening
the surface for any portion of a street, or public place, for underground
connections or otherwise, to make regulations concerning the same,
and the restoration of such surface; to provide penalties for the
violation of all regulations not exceeding $50, to be recovered for
the use of the public works fund.
M.
To regulate and superintend the laying and repair
of all gas pipes, water pipes, conduits, electric light and telephone
wires, and to require any corporation or company, after relaying such
pipes in any street or highway in said city, to put such street or
highway in good condition and repair, and to remove all encumbrances
and obstructions which said corporation or company may have placed
or caused to be placed in any such street or highway, without unnecessary
delay, and to require any such corporation or company to keep proper
signal lights burning at night at all holes or ditches or places which
may have been rendered dangerous to persons traveling such streets
or highways; and in case such corporation or company neglects or refuses
to do any of the acts so required of it, it shall be liable for all
damages occasioned thereby, and said Department may cause the same
to be done at the cost or expense of such corporation or company and
collect such cost and expense by action or to cause same to be collected
as herein provided.
N.
To keep the streets clean and in good order.
O.
To prevent or regulate the construction of any building,
board, awning or other structure, which shall project into or over
any street or sidewalk, and the hanging or suspending of any goods,
signs, signboards, or any other thing whatever in or over such street
or sidewalk, and to remove the same at the expense of the persons,
owner or occupant causing the same and to cause such expenses to be
collected as herein provided.
P.
To make such reasonable regulations and ordinances
as to the rate of speed of cars, care and use of tracks, style and
weight of rails, method of track construction, and removal of ice
and snow by street surface railroad corporations as the interest or
convenience of the public may require, and to provide that any such
corporation whose agents or servants shall willfully or negligently
violate such ordinances or regulations shall be liable to the city
for a penalty not exceeding $500, to be specified in such ordinance
or regulation to be recovered for the use of the highway fund.
Q.
To prescribe regulations as to the location and construction
of private sewers, drains or gas pipes in said city and for the prevention
of injury or obstruction of any street or sidewalk thereby.
R.
To compel the owner or occupant of any wall or building
in the city which may be in a ruinous or unsafe condition from any
cause except from fire or from damage by fire, to render the same
safe, or to take down and remove the same and to prohibit such erection,
and in case of the neglect or refusal of such owner or occupant to
render such wall or building safe, or to take down or remove the same
after being notified so to do, the Department shall cause the same
to be taken down or removed at the expense of such owner or occupant,
and to cause such cost and expense to be collected as in this act
provided.
S.
To require, in case a street or highway in said city
is to be paved, topdressed or otherwise improved, that sewer, gas,
water, electric or any other underground connections be first built,
constructed or extended to the curbline, and in case the owner of
lands adjoining such street or highway or any corporation, association
or person who is required so to do, shall refuse or neglect so to
do, to cause the same to be done at the cost or expense of such owner,
corporation, association or person and to cause such costs and expenses
to be collected as herein provided.
T.
To make the costs and expenses in Subsections C(2), F(2), G(2), J, K, M, O, R and S, or any other subsections of this section, a lien upon the premises or lots therein mentioned or affected, and to collect such costs and expenses as taxes are collected under title of this act, the Department shall deliver a statement of such costs and expenses to the Common Council by filing the same with the City Clerk. The Common Council shall give the owners or occupants of said premises or lots affected, notice that the same has been delivered to it, and that it will, at its next regular meeting or at a certain time therein specified, which shall be at least five days after such notice is given, consider the same for the purpose of confirmation. At the time so specified any person interested may appear before the Common Council and apply to have such assessment altered or corrected as justice may require. The Common Council may thereafter cancel, alter, correct or confirm such assessments without further notice. The amount so assessed shall thereupon become, and at all times thereafter any portion thereof remaining unpaid, shall remain and constitute a lien, charge and assessment upon such respective real estate, to be collected as provided in Article XVI of this act.
U.
To regulate and control by license or otherwise the
construction and maintenance of billboards.
V.
To erect fixtures for gas, electric and other lights,
and to cause such streets as it deems proper to be lighted at such
times and in such manner as the wants and interest of the city require;
and to prescribe such rules and regulations as it may deem necessary
and proper.
W.
To regulate the setting of poles and stringing of
wires by telegraph, telephone or electric light or other companies
in the streets of said city, and to require any and all such companies
to place and install all such wires in conduits under the streets
of said city.
X.
To cause the City Engineer to furnish it with maps
of the city showing the location of lights used for public lighting.
Y.
To provide for the lighting of the streets and public
parks, and public buildings and places within the city, and to contract
in behalf of the city for the lighting thereof with any person, or
corporation. No contract made other than at public letting shall be
for a term exceeding three years. The Department may, however, contract
for such lighting for and during a specified period not exceeding
15 years as shall by such Department be deemed to be for the best
interest of such city and the inhabitants thereof, provided that every
such contract shall be let at public letting and as a consideration
for the execution and performance thereof, shall expressly provide
for and secure to such city prices lower than any now prescribed therein
by law, and a progressive reduction in such price for each year during
the continued performance of such contract according to the conditions
thereof, with proper indemnity to either party to such contract against
any possible violation, impairment, abrogation or supersession thereof,
within the term specified; and further provided that every such contract
shall also provide and require that during the term specified said
person or corporation may and shall supply electricity or gas to the
inhabitants of such city at prices lower than those now charged therein
and progressively lower for each year of such term. Any person or
corporation bidding for such contract shall specify such several prices
and reductions of price for the several classes and terms of gas and
electricity supply. and the same shall be considered in the award
of any much contract to the bidder or bidders therefor, and the person
or corporation receiving any such contract shall be entitled to charge
and collect the prices therein specified during the continuance therefor.
The Department shall file a certified copy of every such contract
with the City Clerk.
Z.
To petition the Mayor to make a complaint, in writing,
to the Public Service Commission, as provided by § 71 of
the Public Service Law, and all acts amendatory and supplementary
thereto.
AA.
To have and exercise such other powers necessary to
carry out the provisions of this article.
Whenever the Department of Public Works shall
intend to lay out, alter, widen, extend, straighten, make, open or
construct any street, alley, lane, highway, public ground or sewers
and cause to be taken and appropriated the land of any person or corporation,
or any easement therein, for such purpose or any other municipal purpose
whatever, it shall cause such property to be surveyed and a map made
thereof, showing the lots and parcels of land and the rights and easements
therein necessary to be taken, and the commencement, course and termination
of the street, alley, lane, highway, public ground or sewers proposed
to be laid out, widened, extended or altered or other work or improvement,
proposed to be made in and through the land and easements so to be
taken, and for that purpose the Department of Public Works and those
acting by its direction may enter upon any lands in said city. The
Department of Public Works shall deliver such map and a statement
of its intention and object to the Common Council by filing the same
with the City Clerk. The Common Council shall then give notice to
the owner or owners of said lands or easements, by resolution describing
in general terms the improvements to be made, the lands or easements
proposed to be taken according to the map herein required and notifying
the owner or owners that, on or before a day specified, which shall
not be less than 20 days from the date of the resolution, claims for
the taking and appropriation of said lands or easements shall be filed
with the City Clerk. Such resolution shall be published twice a week
for two successive weeks in the official newspapers of the city. If
no claims are filed as required by said resolution such owner or owners
shall be deemed to have waived all claims for damages and consented
and agreed to such improvement and the city may thereupon enter upon
and take possession of such lands. In case claims for damages shall
be filed as aforesaid, the Department of Public Works shall proceed
to acquire such lands or easements pursuant to the provisions of the
Condemnation Law.
When the Department of Public Works shall have
ascertained the damages the owner or owners so filing claims as aforesaid
will sustain by reason of the taking of such lands or easements, after
making due allowance for any benefit to be derived therefrom, and
their report thereon to the Court shall have been confirmed, they
shall proceed to determine the district immediately benefited by said
improvement and apportion the damages determined by them and the costs
and expenses of such proceedings as fixed by the Court in the order
confirming their report against the property in said district benefited
thereby as nearly as may be in proportion to the benefits to be derived
therefrom. If, in their judgment, the whole of such damage, cost and
expenses cannot be justly and equitably assessed against the property
in said district, then said Department shall only assess such portion
thereof as in their judgment will be just and equitable, and the balance,
not to exceed 25% of the expense, shall be paid by a general tax upon
the city and shall be raised, levied and collected in the next annual
tax levy and paid to the persons entitled thereto. The certificate
of assessment, made by said Department, shall briefly describe the
real estate assessed, the names of the owners or occupants so far
as ascertainable, and if unoccupied, or the names of the owners are
unknown, the street or lot number thereof, and when completed shall,
together with a duplicate thereof, be signed by said Department and
filed with the City Clerk within 60 days after their appointment.
The City Engineer shall furnish the maps necessary for such assessment,
and they shall be made part thereof. The Department of Public Works
shall then give notice, to be published for eight days in the official
newspapers of the city, that said assessment has been so returned
and filed, and may be examined by all persons interested therein,
and that a motion will be made, at a special term of the Supreme Court,
to be held in the Third Judicial District, on a day specified, to
confirm the same and that all persons objecting to said assessment
and desiring to be heard in opposition to its confirmation shall file
their objections, in writing, with the City Clerk at least three days
before the time designated for such motion, and persons omitting to
file such objections with the Clerk shall be deemed to have waived
the right to oppose confirmation, and to have consented thereto. The
Court, on the day specified in such notice, or such other day as it
may determine, shall hear the persons entitled to appear and may confirm
or annul such assessment. If confirmed, the assessment shall be conclusive
; if annulled, it may be referred back to the Department of Public
Works without further notice. In the making and return of the second
assessment the Department of Public Works shall proceed as in the
first instance; when the report of the Department of Public Works
as to the damages to be paid to the owners shall be confirmed by the
Court, the Department of Public Works may enter upon and take possession
of said lands or easements and proceed with the improvements, and
the damages shall be paid to the persons entitled thereto when collected
by the Comptroller.
The Department of Public Works may cause any
street, alley, lane, highway or public ground or any part thereof
not previously graded, paved, macadamized or asphalted at the expense,
in whole or in part, of the property fronting thereon, to be graded,
paved, macadamized or asphalted, and determine what part, if any,
not exceeding 25% of the expense thereof shall be paid by the Department
of Public Works and what part of such expenses, less that portion
which any railroad company or other corporation holding a public franchise
for the use of a part of such lane or highway or other public ground
is legally liable to pay, shall be paid by special assessment on the
property fronting on such improvement. The Department of Public Works
may also make and construct new crosswalks, drains, culverts and sewers,
and in like manner determine the proportions to be paid by the Department
of Public Works and by special assessment against the property immediately
benefited thereby. The Department of Public Works shall deliver to
the Common Council a statement of its determination as to such special
assessment, and of the object therefor, by filing the same with the
City Clerk. The Common Council shall direct the assessor to forthwith
proceed to determine the district within which the property benefited
by said improvement is located; and cause the City Engineer to make
the necessary map therefor; and to cause the Assessor to make a certificate
of such special assessment, entering thereon the names of the owners
where ascertainable, and where the parcels are unoccupied or owned
by nonresidents or the names of the owners cannot be ascertained,
the lot, street or map number shall be deemed sufficient. He shall
make a just and equitable assessment of the costs and expenses of
such improvement as audited by the Department of Public Works against
the owners or occupants of the land deemed to be benefited, assessing
each parcel in proportion to the benefit which in his judgment has
been derived from said improvement and shall enter in such certificate
a brief description of the parcel assessed and the sum assessed against
it. When said certificate is completed he shall publish a notice that
the same has been completed, filed in the office of the Assessor,
and may be examined by all persons interested therein, and specifying
a day not less than 10 days from the date of said notice, within which
all persons interested in said assessment may present objections thereto.
Such notice shall be published at least twice in the official newspapers
of said city. At the time and place specified in said notice the Assessor
shall receive all objections presented, in writing, in relation to
said assessment, and shall hear and examine the same and after such
hearing and examination make such correction therein as may be just
and proper. When such certificate shall be thus corrected, the Assessor
shall sign the same, together with the duplicate thereof, and deliver
them to the Common Council and the Department of Public Works by filing
with the City Clerk. Such delivery shall be made within 20 days from
the time specified in the Assessor's notice of hearing unless such
time shall be extended by the Common Council. Such certificate shall
be laid before the Common Council at its first regular meeting after
such filing, and any person interested therein may present objections,
in writing, to the confirmation thereof. If no such objections-in-writing
are presented, the Common Council shall confirm the same and such
confirmation shall be final and conclusive on all parties and persons
interested. If such objections are presented the Common Council may
hear and examine the same at the meeting when such assessment was
laid before it or the next regular meeting thereafter, and after such
examination and hearing may annul or confirm the same. If they confirm
the same, such confirmation shall be final and conclusive; and if
they annul, the matter shall be referred back to the Assessor, and
he shall make a new assessment proceeding as in the first instance.
If the Assessor shall be interested in property to be affected by
such assessment, or be from any cause incapable of acting, the Mayor
may appoint a disinterested freeholder in the manner hereinbefore
provided. When any assessment, pursuant to this article, shall be
finally confirmed by the Court or Common Council, the certificate
thereof, together with a duplicate, shall be filed with the City Clerk
and both shall be deemed originals, to either of which shall be annexed
the warrant for the collection of said assessment, under the Seal
of the city and signed by the Mayor and City Clerk, commanding the
Comptroller to collect the amount thereof in the manner hereinbefore
provided. The Common Council shall make a report of its proceedings
to said Department.
When the grade of any street or highway has been established, it shall not be changed except upon the petition of the owners of a majority of the lineal feet fronting on the street, or part thereof, on which the grade is to be changed, nor unless compensation be made to the owners claimed to be injured by such change of grade. Notice of change of grade shall be given, claims presented, damages ascertained and assessments made on account thereof in the manner provided by §§ C14-2 and C14-4 of this act.
[Amended 1-10-2006 by L.L. No. 1-2006,
approved 1-27-2006]
A.
It shall be the duty of any person or persons owning
real property abutting any City street upon which there are City sidewalks
to maintain said sidewalks in a reasonably safe condition.
B.
The owner of such real property shall maintain, repair
and/or replace any sidewalks which have become deteriorated, uneven
or broken up. The Department of Public Works shall have the discretion
to determine if such sidewalks need to be repaired or replaced and,
if so, shall determine the materials to be used to remedy the condition.
C.
If the provisions of Subsections A and B are not complied with, the Department of Public Works, or designee, may serve written notice to comply with the provisions of said subsections upon the owner of such property. The Alderman in whose ward such sidewalks are located shall also receive a copy of the written notice to comply.
E.
If the person upon whom such notice is served fails,
neglects or refuses to repair or replace said sidewalks within 30
days after the date of mailing of such notice as aforesaid, the Department
of Public Works shall cause such sidewalks to be repaired/replaced.
F.
The actual cost to the City of repairing and/or replacing
such sidewalks, plus a sum equal to 5% of such actual cost for inspection
and other additional costs in connection therewith, shall be certified
by the Superintendent of Public Works and/or his designee to the City
Comptroller, and the amount thereof shall become and be a lien upon
the property on which such sidewalks abut. The total amount thereof
shall be added to and become a part of the next annual assessment
roll at the time and in the manner prescribed by the Charter of the
City and subject to all the provisions thereof.
All improvements to be paid for by special assessment unless otherwise ordered by the Department of Public Works shall be by contract let to the lowest responsible bidder and shall be paid for only from the funds raised and collected for such improvements subject to the provisions of this section. The Department of Public Works may, however, direct that such improvements be made by and under its supervision, and the costs and expenses therefor shall be collected in the same manner as if said improvements had been made by contract as herein provided. After the damages, costs and expenses in condemnation proceedings taken pursuant to §§ C14-2 and C14-3 of this act have been fixed by the order of confirmation in such proceedings, and monthly during the continuance of work under contract for any local improvement, made pursuant to § C14-5 of this act, the contractor for which shall have furnished a satisfactory bond, approved by the Department of Public Works for its completion, moneys shall be made available for the payment of the amount of damages costs and expenses in such condemnation proceedings as fixed by such order of confirmation or 75% of the amount of the monthly estimates of work performed by such contractor during the preceding month, to be determined as hereinafter prescribed; and on the completion of such work for the balance due on the contract. If obligations are issued to finance such improvements, the principal and interest of such obligations shall be paid out of the amount collected on the special assessment on account of which they were made. On receipt of sufficient funds from the proceeds of the sale of the bonds or notes provided for by this section the City Comptroller shall immediately pay the damages, costs and expenses of any condemnation proceedings to pay which said bonds or notes were issued. The City Engineer shall furnish to the Department of Public Works monthly during the continuance of work performed under a contract for any improvement made pursuant to § C14-4 of this act, which is to be paid for in whole or in part by special assessment, a detailed estimate of the actual value, according to the contract price, of the work done during the preceding calendar month. The Department of Public Works may in its discretion issue to the contractor for such improvement a warrant for a sum not exceeding 75% of the amount of such monthly estimates and the warrants so issued shall be paid from the proceeds of the bonds or notes to be issued for such improvements as authorized by this section. When the work to be done under contract is completed according to the plans and specifications of the improvement, the City Engineer shall so certify to the Department of Public Works, which, if it accepts the work, may, in its discretion, issue to such contractor a warrant for the balance due him, which warrant shall be paid in the same manner as such monthly warrants. When any assessment pursuant to § C14-3 or § C14-4 of this article, confirmed by the Court or Common Council is filed the Department of Public Works shall as soon as practicable give notice thereof to the owners of the lands affected thereby appearing by the certificate of such assessment to be such owners, by mail to the post office address of such owners so far as the same are known to said Department or can with reasonable diligence be ascertained. Such notices shall contain a statement that such owners can pay the assessments in cash or by installments. If, within 10 days after the mailing of such notice any owner affected thereby elects to pay in cash, by filing with the Department of Public Works written notices of such election, his assessment shall be collected as prescribed in Article XVI of this act. All other special assessments made pursuant to said sections and the part of the damages, costs and expenses in condemnation proceedings and of the expense of local improvements made under § C14-4 to be paid by the Department of Public Works shall become due and payable in equal annual installments. Where the total amount to be paid under the order of confirmation or contract for local improvement is less than $10,000 the number of such installments shall not exceed five; in any other case not to exceed 10. The first of such equal annual installments of the part of such damages, costs and expenses or of the expense of such local improvement to be paid by general tax on the city at large shall be included in the next annual tax levy, and one of the remaining equal annual installments thereof shall be included in each succeeding annual tax levy, with interest at the rate borne by the bonds or notes that may be issued to provide money to pay for such improvement as hereinbefore provided, on the amount of the part of such damages, costs and expenses or of the expense of such local improvement to be paid by the Department of Public Works and remaining unpaid, such interest to be calculated up to the time when the next installment of interest on such bonds or notes become payable. The first of such equal annual installments to be paid by the owners of lots or parcels of land, against which such special assessment shall be assessed by the Department of Public Works, in such condemnation proceedings pursuant to § C14-3 of this act, or by the Assessor of said city, pursuant to § C14-4 of this act, shall be payable after the delivery of the warrant for the collection thereof to the Comptroller. In the manner prescribed for the payment of taxes, by Article XVI of this act, and one of such equal annual installments shall be due and payable annually thereafter in the same manner, and without any further or additional notice, until the whole amount of such special assessment is paid. There shall be due and payable with each installment of said assessment, as a part of the assessment, interest at the rate borne by the bonds or notes issued to provide money to pay for such improvement as hereinbefore provided upon the entire amount of such assessment remaining unpaid. The owner of any lot or parcel of land so assessed may at any time pay to the City Comptroller the entire amount of the assessment on his land with the interest accrued there on up to the time of such payment, and thereupon such a lot or parcel of land shall be discharged of and from the lien of such assessment. In case any installment of such assessment, together with the interest due thereon, shall not be paid when it shall become due and payable as herein provided the same proceedings shall be had for the collection of such unpaid assessments, including the sale of the lands against which said assessments may have been assessed, as are authorized and provided by Article XVI of this act, for the collection of taxes, levied by said Common Council in said annual levy. In case of the sale by the owner of the lands assessed, they shall be sold subject to the lien of all portion of such assessments as shall be payable subsequently, and all other city assessments then a lien thereon. The Department of Public Works may provide for the payment for any other unfinished local improvement to be paid for by special assessment, in the manner herein provided. The Department of Public Works may by ordinance declare any improvement mentioned in this section excepted from the operation of this section to such extent as may be stated in the ordinance, but such exception shall not unless otherwise ordered by the Department of Public Works allow the same, if to be paid for by special assessment, to be done otherwise than by contract let to the lowest responsible bidder. The Department of Public Works may, however, direct that such improvements be made by and under the supervision of said Department, and the costs and expenses therefor shall be collected in the same manner as if said improvements had been made by contract as herein provided. Where there are infants or other incompetent persons whose property is affected by any assessment made pursuant to this act, the County or Supreme Court, or a Judge or Justice thereof, may, on application in behalf of such infant or incompetent person, appoint a guardian ad litem to protect his interests. In any case where a judgment has been or shall be obtained in favor of a contractor for an improvement to be paid for in whole or in part by special assessments, against the owners of lots or parcels of land, the Department of Public Works may by resolution direct that such special assessments be collected in installments, notwithstanding any declaration in the resolution authorizing the improvement excepting such improvement from the operation of § C14-7 in such case, the Department of Public Works may fix the number of equal annual installments in which such assessments shall be collected; and in all other respects the method of such collection, including interest on installments unpaid at the rate of 6% per annum, shall be as provided in § C14-7.
The connecting or supply pipes leading from
the dwellings or other places to the distribution pipes, and the pipes
leading to the sewers shall be inserted and kept in repair at the
expense of the owner or occupant of the property or buildings with
which they are connected, and shall not be inserted or connected with
the main pipe and sewer until a permit therefor shall be obtained
from said Department, and all such connecting or supply pipes and
fixtures shall be constructed under and according to the direction
of the Superintendent or authorized agent of said Department.
