All proceedings, matters and things which shall have been begun
but not completed by the city or its departments or officers prior
to the date when this Charter takes effect are hereby ratified and
confirmed, and may be continued, carried on and completed under the
provisions of this Charter as if they were begun and the action and
steps taken therein in conformity with the provisions of this Charter.
Proceedings for the levying of taxes and assessments, the collection
thereof and the sale of lands for nonpayment thereof pending and incomplete
on the date when this Charter takes effect shall be carried on and
completed under the provisions of this Charter.
If any action or special proceeding is pending in any court
on the date when this Charter takes effect involving any proceeding,
matter or thing which shall have been begun but not so completed,
or involving any proceeding for the levying of taxes or assessments,
the collection thereof and the sale of lands for the nonpayments thereof,
the validity and effect of all such proceedings, matters and things,
taxes, assessments and sales shall be adjudged and determined in such
action or proceeding as the same would be adjudged if this Charter
had not been enacted.
Nothing contained in this Charter shall be construed to repeal
any statute of the state or any ordinance of the city or any rules
or regulations of any department thereof or of the Board of Health
not inconsistent with the provisions of this Charter, but the same
shall remain in full force and effect when not inconsistent with this
Charter and are to be construed and operated in harmony therewith.
All acts and parts of acts not consistent herewith are superseded.
All officers holding office at the time this Charter goes into
effect shall continue in office and in the performance of their duties
and in the receipt of their respective salaries until provision shall
have been otherwise made in accordance with this Charter for the performance
or discontinuance of the duties of any such office. When such provision
shall have been made, the term of any such officer shall expire.
The powers which are conferred and the duties which are imposed
upon any officer, commission or department of the city under any statute
of the state or any city ordinance in force at the time of the taking
effect of this Charter shall, if such office or department is expressly
or impliedly abolished by this Charter, be thereafter exercised and
discharged by the officer, board or department upon whom or which
is imposed corresponding or like functions, powers and duties under
the provisions of this Charter.
Where any contract has been entered into by the city or by any
officer thereof thereunto empowered prior to the time of the taking
effect of this Charter, or any bond or undertaking has been given
to or in behalf of the city, which contains provisions that the same
may be enforced by some officer, board or department therein named,
but by the provisions of this Charter such office, board or department
is abolished as aforesaid, such contract, bond or undertaking shall
not in any manner be impaired, but shall continue in full force, and
the powers conferred and the duties imposed with reference to the
same shall thereafter be exercised and discharged by the officer,
board or department upon whom or which is conferred or imposed corresponding
or like functions, powers or duties under the provisions of this Charter.
If any clause, sentence, paragraph, section or part thereof
in this Charter shall 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
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which said judgment shall have been rendered.
The ordinances in force when this local law takes effect shall
be reduced to a code and published in pamphlet form. The code of ordinances
of the city shall be revised by the Council from time to time, and
published in pamphlet form at least every third year thereafter. All
ordinances adopted during each calendar year shall be compiled and
published on or before the first day of March of the succeeding year.
The Council, the City Manager, the Auditor or any board, commission,
officer or person which or to whom the Council may by resolution delegate
authority, shall, for the purpose of inquiry into the affairs of the
city, have the powers conferred upon an officer, person, board, commission
or committee by §§ 358 and 406 of the Civil Practice
Law and Rules.
[Amended 4-15-2008 by L.L. No. 1-2008; 1-17-2017 by L.L. No. 1-2017]
On or before the 15th day of January in each year, the City
Manager shall designate as the official newspaper a daily newspaper
which has been continually circulated in the English language in the
City of New Rochelle for at least two years prior to such designation.
The City Manager may, however, at his or her discretion authorize
special advertising in other newspapers. Any and all requirements
in this Charter for publication of official notices in the official
newspaper shall be deemed to require publication in the daily official
newspaper designated in accordance with this section. The City Manager
may direct publication of official notices in both the daily and weekly
official newspapers, where appropriate.
All books and records of any department in the city shall be
public records.
[Repealed by L. 1943, c. 712]
No judgment recovered against the city shall be enforced by
execution until after an annual tax has been levied and collected
in said city, which tax was levied subsequent to the docketing of
the judgment in the Westchester County Clerk's office.
No damages may be recovered from the city by reason of change
of grade, but the Council may by resolution authorize the construction
of retaining walls by the city when a street has been lowered to more
than two feet below the top of the curbline of any property, provided
that the owner of such property executes and delivers to the city
a proper release of all damages or claims against the city by reason
of such change of grade or the construction thereof.
[Enacted by Local Law No. 2-1958 (May 7, 1958).]
The Council may, in its discretion, inquire into, hear and determine
any claim against the City of New Rochelle which has been certified
to said board in writing by the Director of Finance as an illegal
or invalid claim against the city, but which, notwithstanding, in
his judgment is equitable and proper for the city to pay in whole
or in part, and if upon such inquiry the Council by a unanimous vote
determines that the city has received a benefit and is justly and
equitably obligated to pay such claim and that the interest of the
city will be best served by the payment or compromise thereof, it
may authorize the Director of Finance to pay the claim, and the Director
of Finance shall thereupon pay the claim in such amount as the Council
shall so determine to be just, in full satisfaction of such claim,
provided that the claimant shall fully release the city, upon any
such payment, in such forms as shall be approved by the Corporation
Counsel. The provisions of this section shall not authorize the audit
or payment of any claim barred by the statute of limitations, nor
any claim for services performed under an appointment in violation
of any provisions of the Civil Service Law; nor shall the provisions
of this section authorize the audit or payment or any claim for legal
services incurred for or on behalf of any city officer or any member
of any city board, commission, committee or any employee incurred
in the defense of any charge against such officer, board member, commission
or committee member or employee for misconduct, malfeasance, nonfeasance
or misfeasance in connection with his official services or duties
unless, prior to the engagement of counsel or the incurring of costs
for defense, such officer or member of a board, commission or committee
or an employee has made a formal request to the Council of the City
of New Rochelle for the employment of legal counsel or the cost of
defense and said request was approved and employment of counsel or
cost of defense authorized by Council. An appropriation for such claims
shall be included in the next annual budget.
(L. 1948, c. 470.)
No vault, cellar, stairway, coal hole or any other structure
shall be erected or maintained under the sidewalks of this city unless
a permit for the same has been obtained from the Building Inspector.
Such permit may be granted by the Building Inspector only upon the
payment of an annual license fee to be fixed by ordinance of the Council.
Any vault, cellar, stairway, coal hole or any other structure now
in existence under the sidewalk may be continued hereafter only upon
the payment of the annual license fee fixed by ordinance of the Council
for the erection of such cellars, vaults, stairways, coal holes and
other structures under the sidewalk. The provisions of this section
shall not apply to a corporation operating any part of its business
under a franchise from the State of New York.
Between the 15th and 31st days of December of each year the
Building Inspector shall prepare and file in his office a list showing
the properties where vaults, cellars, stairways, coal holes or other
structures are maintained under the sidewalks. Such properties shall
be designated by lot and block numbers as the same appear on the official
assessment map of the City of New Rochelle. Such list shall also show
the annual charge or license fee required to be paid for the use of
such vaults, cellars, stairways, coal holes or other structures maintained
under the sidewalks for the following year as fixed by ordinance.
Within 10 days after the filing of such list the Building Inspector
shall cause to be published in the official newspaper a notice stating
that the list has been filed and specifying the time and place where
the same may be examined. The period for such examination shall not
be less than five full days after the date of the publication. During
such period of examination, the Building Inspector shall hear any
objections to the list and shall pass upon all objections, and he
shall have authority to alter and correct the list. Within 10 days
after the last day specified for the examination of the aforesaid
list, the Building Inspector shall file the said list with the corrections,
if any, with the Director of Finance, together with a copy of the
notice published, and from the hour of such filing the amount of the
fees specified in the said list shall be a lien upon the property
affected thereby. Penalties at the rate of 7% per annum shall be charged
for payment of the fees made more than 30 days after the filing of
the list with the Director of Finance. Failure on the part of the
Building Inspector to prepare or publish the list in the manner herein
prescribed shall not invalidate the lien for the license fee hereinabove
specified.
The City of New Rochelle may maintain actions in courts of record
of competent jurisdiction to restrain violations of penal and other
ordinances of the Common Council.
[Enacted by Local Law No. 2-1935 (September 16, 1935); amended
by local Law No. 2-1988 (November 22, 1988).]
The Mayor may appoint Commissioners of Deeds to hold office
for two years from the dates of their appointments. Such Commissioners
shall have the authority within the City to take affidavits and acknowledgments
and upon qualifying shall pay the City Clerk a fee of $10.
[L. 1948, c. 470 (effective April 24, 1948); amended by Local Law No. 1-1991 (January 22, 1991); Local Law 9-1997 (July 16, 1997); Local Law No. 4-2000 (June 20, 2000); Local Law No. 5-2000 (November 21, 2000); Local Law No. 7-2003 (May 21, 2003); Local Law No. 11-2003 (July 15, 2003).]
(a)
It shall be the duty of every owner of any occupied or unoccupied
lot or piece of land or any part thereof within the City of New Rochelle
to keep the sidewalks and curbs adjoining his or her lot or piece
of land at all times in repair, free of defects, clean and free from
snow, ice or other obstruction. Property owners are responsible for
the replacement of deteriorated or defective curbs.
(b)
It shall be the duty of every owner of any occupied or unoccupied
lot or piece of land or any part thereof within the City of New Rochelle
to remove new ice and freshly fallen snow from such sidewalks before
12:00 noon of each day and to keep the same cleaned at all times.
(c)
In the event that the Commissioner of Public Works receives notice of a defective condition of a sidewalk or curb pursuant to Article XII, Section 127A, of this Charter or the City receives a notice of claim pursuant to § 50-e of the General Municipal Law alleging such a defect, the Commissioner of Public Works shall cause the area of the alleged defect to be inspected and a report to be made to the Commissioner of Public Works concerning the existence and extent of the alleged defect.
(d)
In the event that any owner of any occupied or unoccupied lot
or piece of land or any part thereof within the City of New Rochelle
shall fail to maintain the sidewalks and curbs adjoining his or her
lot or piece of land as required by Subdivisions (a) and (b) above,
whether the failure be determined through the procedure of Subdivision
(c) above or otherwise, the City shall serve written notice upon such
owner by certified mail to his or her last known address or place
of residence, if known, and, if not known, then to the address shown
upon the records of the Department of Finance 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 Department of Finance or, if not so shown, then to the address
shown upon the records of the Department of Finance 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. However, in the case of ice or snow, the City may proceed to
clean the sidewalks and curbs by entering contracts therefor and making
payment out of available funds or by use of City forces and equipment
without first serving such notice. The City shall keep records of
the cost of such work and, following said cleaning, shall serve notice
as set forth herein.
(e)
The notice, in the case of a repair to a sidewalk or curb, shall
specify the provisions of this section deemed to have been violated,
require the owner to correct the condition or to produce written proof
of diligent pursuit toward correction of the condition all within
30 days of the date of such notice and provide that if the owner fails
to so timely correct, the Department of Public Works may cause the
required repair to be made and assess a lien against the property
for the cost of the repair together with an additional ten-percent
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 before the Commissioner of Public
Works or such Commissioner's designee, obtained by written request
to the Commissioner of Public Works within the time specified for
compliance by the notice. The notice, in the case of snow or ice,
shall specify the provisions of this section deemed to have been violated
and advise the owner of the cost of the cleaning together with an
additional ten-percent administrative fee for costs of inspection
and other incidental costs associated with abating the condition and
the right to a hearing obtained by written request to the City within
10 days of the date of the notice.
(f)
Should such owner fail to comply with the provisions of this
section, after notice, the City may shall cause the repair to be made
by entering contracts therefor and making payment out of available
funds, except that, if the Commissioner of Public Works determines
that an emergency exists, the City 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.
(g)
Should work be performed by or on behalf of the City in cleaning,
repairing or maintaining sidewalks or curbs after notice has been
given pursuant to this section and the owner's time for compliance
has run out, the cost of such work, together with an additional ten-percent
administrative fee for costs of inspection and other incidental costs
associated with abating the condition, shall be assessed as a lien
against the adjoining property. Notice shall be given to the Commissioner
of Finance specifying the property affected by lot and block numbers
as the same appear on the Official Tax Assessment Map of the City
of New Rochelle, together with the costs incurred in cleaning, repair
and/or maintenance together with an additional ten-percent 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 Commissioner of Finance
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 (d) above. The costs
specified, if not paid by or on behalf of the owner within 10 days
of notice, or within 30 days of notice if the owner has prior authorized
the City to undertake the work on behalf of such owner within the
initial thirty-day notice period in Subdivision (e) above, 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.
(h)
This section shall not affect ordinances now in existence nor
ordinances which may hereafter be enacted by the Council providing
for the maintenance of occupied or unoccupied lots, lands or parts
thereof.
(i)
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 or any other section of this Charter regarding the removal
of snow and ice, maintenance and/or repair of the sidewalks and curbs
of the City.
(j)
In the event that any owner of any occupied or unoccupied lot or piece of land or any part thereof within the City of New Rochelle shall fail to maintain the sidewalks and curbs adjoining his or her lot or piece of land as required by Subsection (a) and (b) above, whether the failure be determined though the procedure of Subdivision (c) above or otherwise, said owner shall be liable to any persons injured as a result of such failure and the City of New Rochelle shall not be liable.
[L. 1956, c. 401 (Effective April 6, 1956); repealed and
reenacted by Local Law
No. 8-1997 (June 17, 1997).]
(a)
For the purpose of this section, an "excavation" shall mean
any uncovered cutting or cavity in the earth of any depth or size
created by the removal of earth, stone, topsoil or any other substance.
An "abandoned excavation" shall mean any excavation, whether created
in the course of a building operation or otherwise, and regardless
of whether a building permit has been issued for the same, which said
excavation has remained in an open and unfinished condition for a
period of six months or more, and, further, an "abandoned excavation"
shall mean any excavation as herein defined for which a building permit
was issued and where the building operation under said permit is arrested
prior to completion and the permit therefor allowed to lapse.
(b)
Any excavation which has been abandoned as herein defined shall
be filled in to the original level of the ground, and any topsoil
removed shall be replaced by the owner, lessee or occupant of the
property where such excavation exists. Should any such owner, lessee
or occupant fail to fill in such excavation and replace any topsoil
removed within 10 days after notice in writing from the Building Official
delivered by certified mail, the City may proceed to fill in the same
and replace any topsoil removed. The cost of such filling and replacement
of topsoil shall be assessed against the property where such excavation
exists, pursuant to the procedures set forth in Section 200 of this
Charter.
[Enacted by Local Law No. 4-1984 (September 18, 1984); repealed
by Local Law No. 8-1997 (June 17, 1997).]
[Enacted by Local Law No. 6-1997 (April 8, 1997);[1] amended by Local Law No. 11-1997 (June 17, 1997; Local Law No. 3-2003 (December 10, 2002).]
A.
Authorization to sell or lease.
1.
Procedure. A sale or lease of real estate belonging to or under
the control of the City may be made or authorized by a majority vote
of all the members of the Council and shall not be subject to referendum
or to any of the other provisions of § 23, Subdivision 2b,
of the General City Law. In the case of a proposed sale or lease of
real estate, the ordinance must provide for a disposition of the same
by public auction, request for proposals, or negotiation under such
terms, conditions and restrictions as the Council may deem to be for
the best interest of the City and, if by public auction or request
for proposals after public notice to be published at least once each
week for three successive weeks. The Council may reserve to itself
the right to reject any or all bids.
B.
Conduct of sales.
1.
Authorization for Commissioner of Finance to conduct sale. The Commissioner of Finance is hereby authorized and directed to conduct all sales of city property in the manner provided for by Subsection A of this section (Local Law No. 1-1963, enacted July 10, 1963), unless otherwise specified or directed by the City Council.
2.
Public notice of sale. There shall be included in each public
notice of sale a brief description of the property by Tax Map, block
and lot number. Additional description of the property, such as whether
improved or unimproved, and the street number address may be included
in such notice. Failure to comply with these provisions shall not
invalidate the public notice of sale. The terms of sale to be contained
in the public notice shall contain such other terms and conditions
as shall be satisfactory to the City Manager and approved by the Director
of Law.
3.
Applicability. This section shall be applicable to all sales
authorized by the City Council.
C.
Disposition of real property acquired through in rem foreclosure.
1.
Retention of ownership or proceeds of sale. Whenever the City
of New Rochelle shall become vested with title to real property by
virtue of a foreclosure proceeding brought pursuant to Article 11
of the Real Property Tax Law, it may retain ownership of the real
property so acquired or sell and convey the same through a negotiated
sale or bidding process. The city shall retain the entire proceeds
from any such sale and conveyance. Such moneys shall be deposited
in the general funds of the city.
D.
Brokers' commissions.
1.
Procedure for determining commission. A broker shall be entitled
to receive commissions on the sale of city property at such rate as
may be agreed upon between such broker and the City Manager upon such
terms as are approved and accepted by the City Council and title actually
closes. The City Manager is hereby authorized to agree upon brokerage
commission rates up to but not in excess of 6% of the sale price.
2.
Approval of bid by Council required. No commission shall become
due or payable unless and until the final bid is approved by the City
Council where such approval is necessary under the terms of the resolution
or ordinance directing the sale to be held at public auction.
3.
Registration of broker and prospective purchaser. Before a broker
shall be entitled to a commission for producing a purchaser at the
public auction, he shall register his name, together with the name
of his prospective purchaser, with the person in charge of the sale
and execute an agreement in writing with the City Manager for the
brokerage rate payable prior to the time the bidding takes place.
4.
When payable. Commissions as above described shall be payable
only if, as and when title actually passes to the purchaser procured
by the broker.
E.
Negotiated real property sales.
1.
Authorization. The City Council may authorize the City Manager
or any other city official to negotiate a lease, negotiate a sales
price or to convey a parcel of city-owned real estate at a price to
be established by an independent appraisal. The execution of any such
agreements shall be subject to the approval of the City Council.
[1]
Editor's Note: This section was originally included in the Code as Ch. 17, City-Owned Property adopted as follows: Art. I, 7-10-1963 by L.L. No. 1-1963; Art. II, 12-12-1983 by Ord. No. 282-1983; Art. III, 12-14-1993 by L.L. No. 6-1993; Art. IV, 2-18-1975 by Res. No. 49; Art. V, 10-24-1989 by Res. No. 245.
[Enacted by Local Law No. 8-1997 (June 17, 1997); amended by Local Law No. 7-1998 (5-19-1998); Local Law No. 1-2012 (12-11-2012)]
(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 New Rochelle
shall fail to maintain or repair the same as required by this Charter
and/or by city ordinance, such owner may, in addition to or in lieu
of other remedies, be served by certified mail to his or her last
known address or place of residence, if known, and, if not known,
then to the address shown upon the records of the Department of Finance
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 Department of Finance or, if not so
shown, then to the address shown upon the records of the Department
of Finance 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 Charter and/or city ordinance deemed to have been violated, require the owner to correct the condition within 10 days and provide that if the owner fails to do so, the city shall cause the required work or repair to be made and assess a lien against the property for the cost of the work or repair together with an additional fee as specified in § 133-1 of the Municipal Code 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 Charter and/or city ordinance deemed to have been violated and the right to a hearing obtained by written request to the city within 10 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 ten-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 Commissioner 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, together with an additional fee as specified in § 133-1 of the Municipal Code 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 10 days of said notice. The cost of the work or repair as finally determined together with the administrative fee and all incidental costs shall be assessed as a lien against the affected property. Notice shall be given to the Commissioner of Finance specifying the property affected by lot and block numbers as the same appear on the Official Tax Assessment Map of the City of New Rochelle, together with the costs incurred in undertaking such work or repair together with an additional fee as specified in § 133-1 of the Municipal Code 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 Commissioner of Finance 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.
