[Amended by L. 1911, Ch. 699; L. 1916, Ch. 200; L. 1922,
Ch. 613]
The general legislative power of the city is vested in the common
council, and it shall have, in addition to the powers vested in it
by the charter of said city and hereinafter conferred in this act,
the management and control of the finances and all property, real
and personal, belonging to said corporation, and shall have power
to do all such acts and make such ordinances, rules, police regulations
and bylaws, not inconsistent with the laws of the United States, as
they may deem necessary to carry into effect any general power, the
powers conferred upon it by this act or by any other laws of this
state, and such also as they may deem necessary for the good government,
order and protection of persons and property, and for the preservation
of the public health, peace and prosperity of said city and its inhabitants.
It shall also have all powers given to the common councils of cities
generally, or cities of the third class by general legislative enactment.
[Amended by L. 1922, Ch. 613; L.L. No. 1-2009; L.L. No. 1-2022]
The alderman shall constitute the common council. Its members
shall meet in its chambers, on the first business day of January at
eight o'clock in the evening, and organize. The alderman-at-large
shall be the president, and shall preside at all meetings, and discharge
such other duties as may be prescribed by law or ordinance. He shall
appoint all standing committees of the council.
The council shall appoint the time and place of its meetings,
which shall be held regularly at least once in each month, and the
mayor, president of the common council, or any three aldermen, may
call special meetings, by notice in writing, via email, text message
and Nixle; the clerk of the council shall also notify each member
by telephone. The council shall determine the rules of their own proceedings
and be judges of the election and qualifications of their own members,
and have power to compel the attendance of absent members from time
to time and may punish or expel a member for disorderly conduct, or
declare his seat vacated by reason of absence, provided such absence
be continued for the space of three mouths. But no expulsion or vacation
of the office shall take place except by concurrent vote of two-thirds
of all the members elected, nor until the delinquent member shall
have an opportunity, after proper notice, to be heard in his defense.
In the proceedings of the common council each member present
shall have a vote, including the presiding officer.
The meetings of the Common Council shall be public in accordance
with Article 7 of the Public Officers Law.
The minutes of the proceedings shall be open at all times to
public inspection.
[1]
Editor's Note: No information concerning the time of repeal
of this section has been provided.
[Amended by L. 1943, Ch. 710]
A majority of the common council shall constitute a quorum for
the transaction of any business, but a smaller number may adjourn
from time to time and compel the attendance of absent members; but
no tax or assessment shall be ordered, nor any appointment be made
except by a concurring vote of a majority of all the aldermen elected
and in office; nor, except as otherwise provided by the local finance
law, shall any resolution or ordinance be adopted or be binding on
said city which shall have for its object the appropriation or payment
of money from the treasury of said city, or the creating of any debt
or obligation, unless the same has been passed by the concurring vote
of a majority of all the aldermen elected and in office; and the votes
taken on the passage of any such ordinance or resolution shall in
all cases be taken by ayes and noes, and entered on the minutes of
the common council; and, except as otherwise provided by the local
finance law, no debt or obligation shall be created against said city
except by ordinance or resolution of said common council, specifying
the amount and object of such expenditure. Whenever any matter or
subject shall be referred to any committee of the common council which
may involve the payment of money from the city treasury, or any matter
or order which may involve the taxation or assessment of any citizen
or citizens of said city, or the expenditure of any money on the part
of such citizen or citizens, such committee shall report thereon to
said common council for their action before any such expenditure,
order, taxation or assessment shall be made or take effect.
[Amended by L. 1922, Ch. 613]
The common council shall have power to prescribe the duties
of all officers and persons appointed by them, to any office or place
whatever, subject to the provisions of this act; to revoke or cause
to be revoked any license given under this act, and to remove all
officers and persons appointed by them for any neglect of office or
misconduct except as hereinafter provided, and shall designate the
several standing committees to be appointed by their presiding officer.
It may employ an attorney and counsel when the business of the council
requires him, and to pay him a reasonable compensation.
[Amended by L. 1922, Ch. 613]
The chairman of any committee or special committee of the common
council shall have power to administer any oath or take any affidavit
in regard to any matter pending before the common council or such
committee. Any person who may be required to take any oath or affirmation
or to make any affidavit or statement, under oath or affirmation under
or by virtue of any provisions of this act, who shall, under such
oath or affirmation in any statement or affidavit, or otherwise, willfully
swear falsely as to any material fact or matter, shall be guilty of
perjury.
[Repealed by L.L. No. 1-2009]
[Amended by L. 1911, Ch. 699; L. 1922, Ch. 613]
All accounts and claims against the said city, and all accounts
and claims for services rendered or moneys expended by any officer
within said city, which would be charges and accounts against a town
if they were rendered and expended by the officers thereof, shall
be presented to the common council. The said council shall then hear,
examine and determine the same as a board of town auditors and for
that purpose shall possess the powers and be subject to the duties
of town auditors.
[Amended by L.L. No. 3-1952]
A.
No
civil action shall be maintained against the city for damages or injury
to person or property sustained in consequence of any street, highway,
bridge, culvert, sidewalk, crosswalk, or public building being defective,
out of repair, unsafe, dangerous or obstructive unless it appears,
that written notice of the defective, dangerous, unsafe or obstructive
condition of such street, highway, bridge, culvert, sidewalk, crosswalk,
or public building was actually given to the Mayor or the Council,
and there was a failure or neglect within a reasonable time after
the giving of such notice to remedy, repair or remove the defect,
danger or obstruction complained of.
B.
No
civil action shall be maintained against the city for damages or injury
to person or property sustained in consequence of the existence of
snow, or ice upon any sidewalk, crosswalk or street, unless written
notice thereof relating to the particular complaint was actually given
to the Mayor or the Council, and there was a failure or neglect to
cause such snow or ice to be removed, or the place otherwise made
reasonable safe, within a reasonable time after the receipt of such
notice.
C.
All
claims against the city for damages or injury to persons or property
alleged to have been caused by the misfeasance or negligence of the
City, or any of its officers or employees shall be presented to the
Council in writing within ninety days after the happening of the accident
or injury out of which the claim arose. Such writing shall describe
the time when, the particular place where, and the circumstances under
which damages or injuries were sustained, and the cause thereof. It
shall also state so far as then practicable the nature and extent
of the damages or injury. It shall also state the place of residence
of the claimant by street and number, and if there be no street and
number, it shall contain such statement as will disclose the place
of residence, and all such claims shall be verified by the oath of
the claimant. A copy of each such claim shall be served by mail on
the Corporation Counsel. The omission to present such claim within
ninety days of such alleged injuries and to commence an action thereon
within one year from the time of such alleged injuries shall be a
bar to any claim or action therefor against the City, but no action
shall be brought upon any such claim until three months have elapsed
after the presentation of the claim to the Council.
D.
The
Corporation Counsel shall cause all claims for personal injuries to
be thoroughly investigated and to that end the Corporation Counsel
or his duly authorized representative may take proof, examine witnesses,
and require the claimant, with the privilege of counsel, to appear
before and be sworn by a Judge of a Court of Record, or the Mayor,
or any Notary Public, and answer orally any questions relative to,
or that may assist him in ascertaining the City's liability or the
extent thereof. The claimant may designate another time and place
for the examination if he shall be physically unable to so appear.
Such examination shall be held within ninety days after the presentation
of such claim, but the time therefor may be further extended by any
Judge of a Court of Record, on notice to both parties. Where such
examination is required, no action shall be commenced on the claim
until the examination is held.
E.
Nothing
contained in this section shall be held to repeal or modify any existing
requirement or statute of limitations applicable to this class of
injury, but on the contrary shall be held to be an additional requirement
for the right to maintain such action. Nor shall anything herein contained
be held to modify any existing rule of law relative to the question
of contributory negligence, nor to impose upon the City any greater
duty or obligation than that it shall keep its streets and public
places in a reasonably safe condition for public use and travel.
F.
The
Council shall have the power to pay, compromise or settle any such
claim which may be made against the City for damages, provided such
claim is presented within the time and in the manner hereinbefore
prescribed and the sum or sums so expended shall be included in the
amount to be raised by tax for general purposes as herein provided.
[Repealed by L. 1922, Ch. 613]
[Amended by L. 1909, Ch. 389; L. 1911, Ch. 699; L. 1922,
Ch. 613]
The common council shall have the power within said city to
make, establish, publish and modify, amend and repeal rules, regulations
and ordinances for the following purposes:
a.
To
prevent the sale of intoxicating liquors, goods or merchandise, or
the performance of work or labor, for hire, on Sundays; to prevent
vice and immorality; to prevent and quell riots and disorderly assemblages
and preserve peace and good order; to restrain and suppress disorderly
and gaming houses, houses of ill-fame, houses and places where intoxicating
liquors are sold to be drunk, to prohibit the sale of intoxicating
liquors without license, or contrary to law, and to prohibit all gaming
and fraudulent devices within the said city.
b.
To
prohibit, restrain and regulate all public, theatrical or circus performances,
shows or wax figures, wild or tamed animals, mountebanks or other
public exhibitions or performances for money, shows or performances
by common showmen and all places of public amusement for which an
entrance or other fee is charged; and to require, fix the amount of,
and provide for the collection of license fees therefor; but the common
council may, in its discretion, issue and grant to the proprietor
of any public hall or other place of public amusement in said city,
a license by the year or for such period of time as it deems proper,
for such sum as to it shall seem just, which license shall cover and
authorize all exhibitions and entertainments which, during said period
of time, may take place in such public hall or place of public amusement
without other or further license; provided, however, that said common
council may at any time prohibit any exhibition or entertainment in
such hall or place of public amusement which, in its judgment, shall
be of an indecent character.
c.
To
prevent horse racing and immoderate driving in the streets of said
city; to prohibit and punish the flying of kites and every other game,
practice or amusement in the public streets or elsewhere, having a
tendency to frighten teams and horses, or to injure or annoy persons
passing in or along the highway or streets of the city, or to endanger
property; and to prevent the leaving of horses standing in the public
streets of the city loose and unattended.
d.
To
prohibit, regulate and determine the places of bathing in the streams
and ponds within said city.
e.
To
restrain and punish vagrants, mendicants, street beggars and common
prostitutes.
f.
To
prevent and regulate the ringing and tolling of bells, blowing of
horns, or crying of goods or wares, firing of guns, powder or other
explosive compounds, and the making of any improper noise, which may
tend to disturb the peace of the city, or the sale and use of firecrackers,
rockets, squibs or other explosive compounds.
g.
To
make regulations for taxing and confining dogs, and for destroying
such as may be found running at large contrary to any ordinance, and
to regulate and restrain their running at large; to establish and
regulate public pounds, and to appoint all necessary poundmasters,
and prescribe their duties; to restrain the running at large of cattle,
horses, swine, sheep, goats and fowls, and to authorize the distraining,
impounding and sale of the same for the penalty incurred, and costs
of keeping and proceedings.
h.
To
direct the keeping and returning of accurate records of marriages
and births in said city, and the keeping and returning of bills of
mortality. The common council shall cause an account book to be opened
and kept by the clerk of said city, wherein all the expenditures and
payments made on account of said city shall be respectively entered
under their proper heads.
i.
To
regulate the sale of fish, meats and vegetables within said city;
to regulate or prohibit the making or keeping of market for the sale
of meat or fish, except at such places as the common council shall
designate, and to regulate or prohibit the erection, keeping or using
of slaughterhouses within the said city.
j.
To
provide for the lighting of said city and the streets thereof and
the protection and safety of the public lamps.
k.
To
regulate and restrain hawking and peddling on the streets.
l.
To
license and regulate auctioneers, carriers, teamsters, carmen, porters,
cabmen, the drivers of hackney coaches, stages or omnibuses, for the
transportation of passengers, hawkers, peddlers and sweeps, within
the city, and to prohibit unlicensed persons from acting in either
of such capacities, to fix their rates of compensation, to require
them to have licenses and to fix amounts to be paid therefor. To regulate
runners, stage drivers and others in soliciting passengers and others
to travel or ride in any stage, omnibus, or upon any railroad, or
to go to any hotel or otherwise.
m.
To
prohibit and prevent the unnecessary obstruction of streets by railway
locomotives and cars; to regulate and control their running and rate
of speed and the length of time they may be allowed continuously to
stand or impede travel upon any street or crossing said city. To regulate
and compel railway companies to provide and keep flagmen and watchmen
at such points and places, and to regulate and maintain such proper
lights, hoist or other gates or bars at street crossings deemed dangerous
by said common council, in such manner as said common council may
deem necessary for the safety and convenience of the public. To regulate
and prohibit the omission of smoke or gases from any building, machine,
automobile, boiler or engine whatsoever, stationary or locomotive,
when the same may tend to the injury of corporate or private property
or rights within the city.
n.
To
prevent and regulate the setting and stringing of telegraph and telephone
and electric poles and wires in said city, and to regulate and control
the laying, maintenance and repair of subways, conduits, mains and
pipes in and under the streets; to order and require any cables or
wires to be put under the ground provided however that the owner of
such cables or wires shall have the option of removing its overhead
cables or wires from such streets to such other streets that may be
designated by the common council as a reasonable and practicable route
for overhead cables or wires.
o.
To
require the owners or occupants of lots upon the streets of said city
to enclose the same by suitable fences or railings, as the common
council may deem necessary for the protection of the public.
p.
To
regulate the burial of the dead, to protect public cemeteries and
to restrict and prevent the extension of their limits, and to prevent
the burial of the dead within the limits of the city, whenever the
common council shall deem it necessary.
q.
To
plant, direct and regulate the planting of shade and ornamental trees
along the streets, sidewalks and public grounds of said city to prevent
injury to and protect them and to prevent the injury and defacement
of fences, posts and buildings in said city.
r.
To
permit building material to be deposited on the streets in front of
any lot to such an extent and for such time as they may prescribe.
To regulate excavations in the public streets of the city and require
reasonable fees therefor.
s.
To
give names to streets and numbers to the lots and tenements, and to
change the name of streets on the petition of a majority of landowners
on the same.
t.
To
receive in the name of the city of Middletown the title to real or
personal property by gift.
u.
For
the government of the police department and for regulating the powers
and duties of its officers and members. To establish a police pension
fund or to maintain any such fund which has been established.
v.
To
designate such newspaper or newspapers printed in said city, to be
known as official paper or papers in which shall be published the
ordinances, rules, regulations, bylaws and official notices.
w.
To
make such reasonable regulations and ordinances as to the rate of
speed of cars 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 negligently or willfully violate such an ordinance or regulation
shall be liable to the city for a penalty not exceeding five hundred
dollars, to be specified in such ordinance or regulation, to be recovered
by said city for the use of the highway fund.
x.
To
regulate and prohibit the presence in or upon any of the streets,
alleys, public parks or places in the city of Middletown at night,
after such hours as shall be determined and specified, of any children
under such age as shall be determined and specified unaccompanied
by parent, guardian or other person having legal custody or control
of such children and to make it unlawful for any parent, guardian
or other person having legal custody or control of any child under
such determined and specified age, to permit such child to be or remain
in or upon any of the streets, alleys, public parks or places in said
city, after the hour at night as determined and specified when prohibited.
To prescribe penalties for the violation of said ordinance, and to
prescribe regulations for the police force in the city of Middletown
for the enforcement of the same, and for the recorder of the recorder's
court of said city of Middletown for the punishment of such persons
guilty of violations of the terms of said ordinance.
1.
Dangerous
buildings defined. All buildings or structures whether occupied or
vacant which have any or all of the following defects shall be deemed
"Dangerous Buildings":
(a)
Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb-line passing through
the center of gravity falls outside of the middle third of its base.
(b)
Those which, exclusive of the foundation, show twenty-five (25) per
cent or more, of damage or deterioration of the supporting member
or members, or fifty (50) per cent of damage or deterioration of the
nonsupporting enclosing or outside walls or covering.
(c)
Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used.
(d)
Those which have been damaged by fire, wind or other causes so as
to have become dangerous to life, safety, morals or the general health
and welfare of the occupants, neighboring property or the people of
the City of Middletown.
(e)
Those, which have become or are so dilapidated, decayed, unsafe,
insanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation, or are
likely to cause sickness or disease, so as to work injury to the health,
morals, safety or general welfare of those living therein.
(f)
Those having light, air, and sanitation facilities which are inadequate
to protect the health, morals, safety, or general welfare of human
beings who live or may live therein.
(g)
Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes,
or other means of communication.
(h)
Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
(i)
Those which because of their condition are unsafe, insanitary, or
dangerous to the health, morals, safety or general welfare of the
people of this city.
(j)
Those buildings existing in violation of any provision of any Ordinance
or resolution of the City of Middletown or in violation of any law
of the State of New York.
2.
Standards
for repair, vacation or demolition. The following standards shall
be followed in substance by the Building Inspector and the Commissioner
of Public Works in ordering repair, vacation or demolition:
(a)
If the "dangerous building" can reasonably be repaired so that it
will no longer exist in violation of the terms of this title it shall
be ordered repaired.
(b)
If the "dangerous building" is in such condition as to make it dangerous
to the health, morals, safety, or general welfare of its occupants
it shall be ordered to be vacated.
(c)
In any case where a "dangerous building" is 50 per cent or more damaged
or decayed, or deteriorated from its original value or structure,
it shall be demolished, and in all cases where a building cannot be
repaired so that it will no longer exist in violation of the terms
of this title it shall be demolished. In all cases where a "dangerous
building" is a fire hazard existing or erected in violation of the
terms of this title or any ordinance of this city or statute of the
State of New York, it shall be demolished.
3.
Dangerous building-nuisance. All "dangerous buildings" within the terms of Section 1 hereof are hereby declared to be public nuisances, and shall be repaired, vacated, or demolished as hereinbefore and hereinafter provided.
4.
Duties
of Building Inspector. The Building Inspector shall:
(a)
Inspect all public buildings, halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings, and may inspect all other buildings and structures, including residences, for the purpose of determining whether any conditions exist which render such places a "dangerous building" within the terms of Section 1 of this title.
(b)
Inspect any building, wall or structure about which complaints are
filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this title.
(c)
Inspect any building, wall or structure reported (as hereinafter
provided for) by the Fire or Police Department of this City as probably
existing in violation of the terms of this title.
(d)
Notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the records of the Clerk of the County of Orange, of any building found by him to be a "dangerous building" within the standards set forth in Section 1 herein, that: (1) the owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this title; (2) the occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession; (3) the mortgagee, agent or other persons having an interest in said building as shown by the records of the Clerk of the County of Orange may at his own risk repair, vacate, or demolish said building or have such work or act done. Provided that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
(e)
Set forth in the notice provided for in subsection (d) hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure a "dangerous building" and an order requiring the same to be put in such condition as to comply with the terms of this title within such length of time, not exceeding 30 days, as is reasonable.
(g)
Appear at all hearings conducted by the Commissioner of Public Works,
and testify as to the condition of the "dangerous buildings."
(h)
Place a notice on all "dangerous buildings" reading as follows:
"This building has been found to be a dangerous building by
the Building Inspector. This notice is to remain on this building
until it is repaired, vacated, or demolished in accordance with the
notice which has been given the owner, occupant, lessee, mortgagee,
or agent of this building, and all other persons having an interest
in said building as shown by the records of the Clerk of the County
of Orange. It is unlawful to remove this notice until such notice
is complied with."
5.
Duties
of Commissioner of Public Works. The Commissioner of Public Works
shall:
(a)
Upon receipt of a report of the Building Inspector as provided for in Section 4, subsection (f) hereof, give written notice to the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building as shown by the records of the Clerk of the County of Orange to appear before him on the date specified in the notice, such date to be not less than 10 days after service of such notice, to show cause why the building or structure reported to be a "dangerous building" should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in Section 4, subsection (e).
(b)
Hold a hearing and hear such testimony as the Building Inspector,
the owner, occupant, mortgagee, lessee, or any other person having
an interest in said building as shown by the records of the Clerk
of the County of Orange and any other person or persons called as
a witness by any of the foregoing, shall offer relative to the "dangerous
building."
(d)
Issue an order based upon findings of fact made pursuant to subsection (c) commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the records of the Clerk of the County of Orange, to repair, vacate or demolish any building found to be a "dangerous building" within the terms of this title and provide that any person so notified, except the owners, shall have the privilege of either vacating or repairing said "dangerous building"; or any person not the owner of said "dangerous building" but having an interest in said building as shown by the records of the Clerk of the County of Orange may demolish said "dangerous building" at his own risk to prevent the acquiring of a lien against the land upon which said "dangerous building" stands by the city as provided in Section 6, hereof.
6.
Powers of Common Council, assessment of costs. If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in Section 5, subsection (d), within 10 days, the Commissioner of Public Works shall report such fact to the Common Council in writing, and transmit to the Common Council at such time a copy of his written findings of fact and of the order provided for in Section 5, subsections (c) and (d). The Common Council by resolution or ordinance shall authorize and direct the Commissioner of Public Works to cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinbefore provided for in Section 2 of this title. The costs of such repair, vacation or demolition shall be charged against the land on which the building exists as a special assessment, which special assessment shall be levied and collected in the manner herein provided for the collection of taxes and assessments for city purposes.
7.
Manner
of serving notices. In all cases where notice or orders provided for
herein are required to be served, such service shall be made upon
the necessary persons either by registered mail directed to such persons
at their last known address or by personal service of such notice
or order upon such persons, and a copy of such notice or order shall
be posted in a conspicuous place on the dangerous building to which
it relates. Such mailing or personal service and posting shall be
deemed adequate service.
8.
Administrative
liability. No officer, agent or employee of the City of Middletown
shall render himself personally liable for any damage that may accrue
to persons or property as a result of any act required or permitted
in the discharge of his duties under this title. Any suit brought
against any officer, agent or employee of the City of Middletown as
a result of any act required or permitted in the discharge of his
duties under this title shall be defended by the Corporation Counsel
until the final determination of the proceedings therein, and any
judgment against any such person shall be paid by the City of Middletown.
9.
Duties
of Fire Department and Police Department. All members of the Fire
and Police Department shall bring to the attention of the Building
Inspector any buildings or structures which are, may be or are suspected
to be dangerous buildings within the terms of this title.
10.
The proceeds of every insurance policy insuring the interest of an
owner and insuring any real property within the corporate limits within
the City of Middletown upon which there is erected any residential,
commercial or industrial building or structure shall be subject to
a lien in favor of the City of Middletown for any unpaid taxes, special
ad valorem levies, special assessments and municipal charges arising
by operation of law against such property in favor of the City of
Middletown (including, but not limited to, the potential or actual
cost of demolition of such property by the City of Middletown in the
event demolition is necessary due to fire damage or other damage),
which lien shall be prior to all other liens and claims, except the
claim of a valid mortgage of record named in such policy. The lien
of the City of Middletown against such proceeds (or any actual proceeds
received by the City, if the City has received such proceeds) shall
be released by the Treasurer of the City of Middletown (and, in the
case of proceeds, returned to the insured) if the insured agrees with
the City of Middletown, in a writing acceptable to the Corporation
Counsel, that the insured shall immediately undertake any demolition
of the property deemed necessary by the Commissioner of Public Works
of the City of Middletown or that the insured shall immediately restore
the affected premises to the same condition that it was in prior to
the incident which triggered the City's lien against such insurance
proceeds. No lien shall be released or proceeds returned by the Treasurer
until or unless the insured has deposited such proceeds in an escrow
account under terms and conditions approved by the Corporation Counsel
or obtained a performance bond (or similar bond) which has been approved
by the Corporation Counsel.[2]
Notice of any such lien against insurance proceeds and/or notice
of intention to claim against insurance proceeds shall be provided
by the Treasurer of the City of Middletown to the New York State Superintendent
of Insurance for entry in the appropriate index maintained by the
Superintendent for such purposes. The Treasurer shall provide such
other notice or certificates with respect to such insurance proceeds
as may otherwise be provided or required by law.
The provisions of this Section 33(10) shall not be deemed or
construed to alter or impair the right of the City of Middletown to
acquire or enforce any lien against the subject real property, but
shall be in addition to any other power provided by law or the Charter
of the City of Middletown to acquire or enforce such right.
[2]
Editor's Note: This Subsection 10 was amended by L.L. No. 3-1981, which local law was deemed ineffective by L.L. No. 4-1983. Section I of L.L. No. 4-1983 provided as follows: "The Local Law No. 3 of 1981 is ineffective because it was never put to a mandatory public referendum. Therefore, any laws it attempted to replace remain intact and have never been changed." This subsection was subsequently amended in its entirety by L.L. No. 5-1998.
[1]
Editor's Note: This section replaces a previous § 33,
which was repealed by L.L. No. 3-1957.
[Amended by L. 1922, Ch. 613]
No law, ordinance, bylaw or regulation shall be rescinded or
repealed, unless by a two-thirds vote of all members elected to the
common council.
[Amended by L. 1922, Ch. 613; L.L. No. 1-2009]
The Common Council shall have power to enforce observance of
all provisions of this Charter through enactment of ordinances and
by civil actions at law or in equity in any court of competent jurisdiction.
[Amended by L. 1922, Ch. 613; L.L. No. 1-1934; repealed by L.L. No. 1-2009]
[Repealed by L.L. No. 1-2009]
[Repealed by L.L. No. 1-2009]
[Amended by L. 1922, Ch. 613]
The entries in the books of bylaws, journals and minutes of
the common council, board of estimate and apportionment, and board
of health or certified or sworn copies thereof, shall be presumptive
evidence in all courts and places of the matters of fact therein stated,
and the certificate of the clerk shall be sufficient evidence of the
authenticity of such journals and minutes and books of bylaws and
copies. Such certificate of the clerk to a copy shall show that he
has compared such copy with the original on file or on record in his
office, and that the same is a correct copy or transcript thereof
or therefrom, and of the whole of such original; and every such ordinance,
resolution or bylaw may be read in evidence in all courts and legal
proceedings, from the volume of bylaws and ordinances published, or
to be published, by order of the common council, without any other
proof of the passage or publication thereof; but such publication
shall be only presumptive evidence that the same has been duly published
in the official newspapers as required by this act.
[Amended by L.L. No. 3-1983; L.L. No. 1-2005]
Every law or ordinance, and every resolution of the Common Council
involving the raising, payment or expenditure of money, or involving
the laying out, opening, altering, widening, extending, contracting
or discontinuing any street, lane or highway, or the grading, curbing,
flagging, leveling or paving any street, lane, or highway or constructing
or rebuilding any sewer, aqueduct or bridge, shall, before it takes
effect, be presented to the Mayor, duly certified by the Clerk of
the Common Council. If the Mayor approves of it, he or she shall sign
it; if not, the Mayor shall return it with his or her objections and
file the same with the Clerk of the Common Council within ten days
after the Mayor receives it. Upon the filing of the Mayor's objections,
the Common Council may, at its next regular meeting or at a special
meeting which may be called not sooner than forty-eight hours after
the filing of the objections with the Clerk, vote to override the
objections by a two-thirds vote of the membership of the Council.
If such two-thirds vote occurs, then the subject law, ordinance or
resolution shall take effect. If such law, ordinance or resolution
shall not be returned by the Mayor within ten days after he or she
has received it, it shall take effect in like manner as if he or she
had signed it.
[Amended by L. 1922, Ch. 613]
The common council shall have the power of impeachment of the
mayor by resolution, passed by the concurrent vote of three-fourths
of all the members elected. The court for the trial of impeachment
shall be the supreme court in and for the ninth judicial district.
[Repealed by L.L. No. 1-2009]
Any officer appointed or elected under this act may resign his
office by giving at least one week's notice in writing of his intention
so to do, to the city clerk. Any officer appointed or elected under
this act, except mayor or alderman, who shall fail to discharge the
duties of his office for the space of one month, shall, unless excused
by the common council, be deemed to have resigned his office.
If any person having been an officer of said city shall not,
within ten days after he shall have vacated or been removed from the
office, and upon notification and request by the city clerk, or within
such time thereafter as the common council may allow, deliver over
to his successor in office all the property, books and papers belonging
to the city, or appertaining to such office, in his possession or
under his control, he shall forfeit and pay to the city the sum of
five hundred dollars, besides all damages caused by his neglect or
refusal to deliver, to be sued for and recovered by the city, with
costs.
[Repealed by L.L. No. 1-2009]
[Amended by L. 1911, Ch. 699; L. 1922, Ch. 613]
The council may at any time appoint a special committee of its
members to inquire whether the laws and ordinances relating to any
matter of any department of the city are being faithfully observed,
and whether the duties of the officers and employees are being faithfully
discharged, and to examine and report whether there are any unnecessary,
inefficient or unfit employees or excessive salaries, wages or compensation
paid, and to inquire generally in respect to any and all matters which
will conduce to the orderly and economical administration of the business
of the city. Such committee shall have access to the records of the
city, and for the purpose of any such inquiry shall have the powers
conferred upon an officer, person, board or committee by law.
No bid shall be accepted from or contract awarded to any person
who is in arrears to the corporation upon debt or contract, or who
is a defaulter upon any obligation to the corporation.
[Repealed by L. 1922, Ch. 613]
[Repealed by L. 1922, Ch. 613]
[Repealed by L.L. No. 1-2009]
The Common Council may prescribe by ordinance rules and regulations
for the construction and maintenance of buildings and properties in
accordance with the Uniform Fire and Building Code of the State of
New York. The Council may enact a comprehensive plan and prescribe
by ordinance the establishment of use districts and maps, and procedures
for review of subdivisions, special use permits, site plans, and variances
in accordance with Articles 2-A, 3 and 5-A of the General City Law.
The council shall have the power by vote of two-thirds of all
its members to correct any assessment claimed to be erroneous or invalid
by reason of clerical error in overvaluation, upon the application
of the party at interest, his agent or attorney, and to remit the
tax upon the excess valuation if such tax has not been paid and if
the council deems that an injustice has been done, provided that such
application is accompanied by a written certificate signed and sworn
to by the commissioner of assessment and taxation and stating that
the valuation fixed was a clerical error and that he intended to fix
a certain other valuation naming such intended valuation. The assessment
as corrected by the council must not be lower than the amount named
in such certificate.
