[HISTORY: Adopted by the City of Norwalk Common Council 9-11-2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Parking Authority — See Ch. 73A.
Public sewers — See Ch. 91.
Septage disposal — See Ch. 92.
Collection and disposal of solid waste — See Ch. 94.
Streets and sidewalks — See Ch. 95.
Littering and illegal dumping — See Ch. 95A.
Excavations and encroachments — See Ch. 96.
Excavating and filling of land — See Ch. 97.
Vehicles and traffic — See Ch. 98.
Snow emergency — See Ch. 99.
Water Pollution Control Authority — See Ch. 113.
[1]
Editor's Note: This ordinance also superseded former
Ch. 90, Public Works, Department of, adopted 11-9-1993, as amended.
There is established a Department of Operations and Public Works
which was formerly known as the "Department of Public Works," the
functions of which shall include:
A.
The maintenance and repair of all accepted streets and appurtenances
and of public ways and public grounds not under the supervision of
others.
B.
The collection and disposal of solid waste in accordance with state
statutes.
C.
The management and operation of the wastewater treatment plant and
collection system. The Chief of Operations and Public Works, who was
formerly known as the "Director of Public Works," shall have responsible
charge, jurisdiction, rights and powers to perform all duties relating
to the supervision, operation, repair, maintenance and upkeep of the
wastewater system of the City. He/she shall, subject to the orders
and directions of the Water Pollution Control Authority, have charge
of the sewer system of the Fourth Taxing District and of the care
and maintenance thereof and of the construction of all new sewers.
D.
The preparation of or assistance in the preparation of plans and
specifications for bidding the construction, demolition, repair, renovation
or rehabilitation of municipal improvements and all manner of public
works projects carried out by the City.
E.
The supervision and coordination of public improvements carried out
by contract to the City of Norwalk and the performance, direction
or inspection of actual conduct of all construction work by or on
behalf of the City.
F.
The prevention of encroachment and excavations in the public streets
and highways, except in accordance with duly adopted law and regulation.
G.
The development and administration of a comprehensive program of
fleet maintenance services for all City departments, agencies and
commissions, with the exception of the Fire Department. The program
shall include the acquisition, assignment, disposition, sale and modification
of all equipment and related parts and supplies. Acquisition and assignment
of police vehicles shall be the responsibility of the Police Department.
Acquisition and assignment of parks maintenance vehicles and equipment
shall be the responsibility of this Department.
H.
The control, development, operation and maintenance of a system of
public parks and recreational areas and facilities, including narrow
parkways, boulevard strips and small areas along streets, now in existence
or that may hereafter be acquired; and the control, development, management,
operation and maintenance of the Oak Hills Park and all other matters
relating thereto shall be under a separate department, as provided
by ordinance. Said Department shall be charged with the construction,
protection, repair, furnishing, cleaning, heating, lighting and general
care of all public buildings, except school buildings and structures
under the jurisdiction of the Board of Education, and the water pollution
control plants, pump stations and the solid waste transfer station.
I.
The maintenance of playgrounds, playfields, bathing beaches, swimming
pools, recreation centers and other recreation and park activities,
areas and facilities.
J.
May plan, set up or place and protect and care for flowers, vines,
shrubs and trees to adorn and improve public squares, grounds, boulevards,
streets, avenues or spaces within the City.
K.
Shall recommend to the Common Council the institution of condemnation
proceedings whenever, in its judgment, private property should be
taken in the name of the City for the purposes of the Department.
L.
Shall have the right to call upon any other department of the City
government for assistance in performing its duties, and it shall be
the duty of such other departments to comply with a proper request
of said Department. Any questions as to what shall constitute a proper
request for assistance shall be decided by the Mayor.
The head of the Department of Operations and Public Works shall
be the Chief of Operations and Public Works, who shall be appointed
by the Mayor, subject to confirmation by the Common Council, and may
be removed by the Mayor at his/her discretion. The Chief shall have
had at least five years of applicable executive or administrative
experience prior to appointment. His/her compensation shall be fixed
by ordinance. He/she shall be licensed to practice professional engineering
in the State of Connecticut or shall become certified to do so within
six months of assuming the position of Chief of Operations and Public
Works. He/she shall have all the powers and duties hitherto conferred
or imposed by law, ordinance or Charter provision on the Commissioner
of Operations and Public Works and such other duties as may be required
of him/her by ordinance.
The Chief is authorized to employ, in compliance with all existing
procedures, all necessary assistants and staff for the carrying out
of the duties imposed upon him/her by this Code.
A.
The Chief shall, with the concurrence of the Common Council, make
and alter, from time to time, rates, fines, penalties and fees with
respect to operations of the Department. The Chief shall establish
rates, fines, penalties and fees to be charged for the various departmental
services and functions and shall submit same, hereinafter referred
to as the "Fee Schedule," to the Public Works Committee, which shall
hold a public hearing thereon within 30 days. Said public hearing
shall be held upon no less than seven nor more than 14 days'
notice of the time and place of such hearing, published in the form
of a legal advertisement appearing in a newspaper having substantial
circulation in the City. Within 30 days of receipt by the City Clerk
of notice of the action taken by the Public Works Committee subsequent
to such public hearing, the Common Council shall act upon the Fee
Schedule. If the Council takes no action within such 30 days, the
Fee Schedule shall be deemed approved, and the City Clerk shall issue
a notice so stating, which shall be maintained with the records of
the Common Council. If the Council votes to disapprove all or a portion
of the Fee Schedule, it may itself establish any of such rates, fees,
charges or penalties, or may ask the Chief to submit revised proposals
to the Common Council.
B.
The Chief shall recommend to the Water Pollution Control Authority
rates, fines, penalties and fees, or alterations to same, with respect
to operations of the wastewater collection and treatment system. The
Chief shall organize proposed rates, fines, penalties and fees to
be charged for the various system services and functions, or alterations
to same, into the Fee Schedule and submit same to the Water Pollution
Control Authority, which shall hold a public hearing thereon within
30 days. Said public hearing shall be held upon no less than seven
nor more than 14 days' notice of the time and place of such hearing,
published in the form of a legal advertisement appearing in a newspaper
having substantial circulation in the City. If the Water Pollution
Control Authority votes to disapprove all or a portion of the Fee
Schedule, it may itself establish any of such rates, fees, charges
or penalties, or may ask the Chief to submit revised proposals to
the Common Council. The Chief shall implement the approved Fee Schedule.
C.
The approved Fee Schedules, as they may be modified from time to
time in accordance with the procedure set forth in this section, shall
be posted at the City website and in the offices of the City Clerk
and the Department of Operations and Public Works at all times and
shall be made available for distribution to persons requesting same.
The Chief shall employ and maintain, as a regular employee,
a Principal Engineer of the Department, who shall be a qualified professional
civil engineer with at least five years of experience with the design
or construction of public works, highways, public utilities and municipal
improvements. He/she shall be licensed to practice in the State of
Connecticut or shall become certified to do so within six months of
assuming the position of Principal Engineer. Said Engineer shall provide
professional assistance to the Chief concerning engineering projects
and shall supervise the Department's engineering and construction
administration staff at the direction of the Chief.
A.
The Chief shall cause to be made and prepared all surveys, maps,
profiles, calculations, construction documents, drawings and specifications
required for the use of the City and shall cause to be performed all
surveying and engineering services which may be required of him/her
by the Common Council and by each and every department, authority,
commission or agency of the City government.
B.
The Chief shall have the care and custody of all maps and plans of
the public works and improvements of the City.
C.
It shall be the duty of the Chief to record, and keep in such manner
that they can easily be examined, all surveys and layouts of streets,
sewers and public works for which a manuscript, survey or layout is
adopted by the Common Council.
D.
It shall be the responsibility of the Chief to establish and prepare
the necessary standard construction specifications, design standards
and manuals required for the operations of the Department, the wastewater
collection and treatment system and the parking system, subject to
the concurrence of the Public Works Committee of the Common Council,
the Water Pollution Control Authority or the Parking Authority.
B.
The Chief shall keep a detailed and properly classified account of
all expenses in his/her Department, which shall at all times be open
to inspection.
C.
The Chief shall at the end of each fiscal year complete a report
in writing to the Common Council of all work done and money expended
under his/her direction during such period.
D.
The Chief shall keep a record of complaints made by the public, and shall enter therein all complaints made to him/her concerning streets, highways, sidewalks, gutters, parking facilities, wastewater collection and treatment facilities and public places, and any breach of Chapters 90 through 99 of this Code, together with the action taken by him/her with respect thereto.
Nothing in §§ 90-1 through 90-8 shall be construed to affect the buildings, structures and properties belonging to the First, Second, Third or Sixth Taxing Districts of said City or their management and operation. When, in the judgment of the Chief, public safety is or may be adversely affected by work to be performed by the taxing districts, the Chief may at his/her discretion make the requirements of this chapter and any other appropriate chapter applicable to such taxing district.
No person shall resist, molest, interfere with or disobey the
Chief or his/her assistants while engaged in the duty of keeping the
streets, sidewalks and public places of the City open and free from
obstruction by vehicles, crowds, groups of persons or otherwise.
If any provision, clause or phrase of this Chapter 90 is adjudged by any court of competent jurisdiction to be invalid or if the applicability thereof to any persons or circumstances is held invalid, such judgment shall not invalidate the remainder, and the applicability thereof to other persons or circumstances shall not be affected thereby.
Any provisions of the Code of the City of Norwalk inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such inconsistency.