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]