[Amended 3-9-2009 by Ord. No. 2-2009]
If an individual who is appointed is a member of a firm, the City Attorney could employ additional legal assistance from the firm or from the outside. The City Attorney may be removed with or without cause by recommendation of the City Manager with the approval of the City Council. Prior to appointment, the City Attorney shall have been admitted to practice law in the State of New York and practicing as such for at least five years previous to the appointment as City Attorney. The City Attorney shall be the legal advisor of and Attorney for the City, the City Council, the City Manager and all City departments, bureaus, boards and commissions thereof, in matters relating to their official duties, and when requested by either the City Council or City Manager, shall prosecute or defend all actions, suits and proceedings for and in behalf of the City.
A. 
Actions, suits and proceedings. When required to do so by the City Manager or by ordinance, the City Attorney shall prosecute or defend for and in behalf of the City all actions, suits, proceedings and controversies to which the City is a party and in any rights or interests, including appearing for and protecting the rights and interests of any City officers, boards, commissions, arms length bodies owned by the City, or departments, and same shall not employ other counsel. The City Attorney shall have power to appeal from orders, decisions or judgments and shall, subject to the approval of the City Council, have power to enter into any agreement, compromise or settlement of any claims against the City.
B. 
Contracts, bonds and other instruments. The City Attorney shall prepare or review all contracts, bonds and other instruments in which the City is concerned and, before execution thereof, shall endorse on each the approval of the form and correctness thereof when requested by the City Council or the City Manager.
C. 
Employment of counsel. The City Attorney, when authorized or directed by the City Council or the City Manager, may employ counsel to assist the argument and conduct of cases or proceedings in which the City is interested or a party.
D. 
Special City Attorney(s). In the event of the absence, disqualification or disability of the City Attorney, as determined by the City Manager, the City Manager shall have the power to appoint, with the approval of City Council, Special City Attorney to act during the period of absence, disqualification or disability of the City Attorney. In a special emergency, such action may be taken without the consent of the City Council but subject to its later approval.
A. 
The City Clerk shall be appointed by and serve at the will of the City Manager. He/she shall be under the direction and supervision of the City Manager. The City Clerk shall be a person who is a qualified voter of the City.
B. 
The City Clerk shall:
(1) 
Serve as Clerk of the City Council and shall perform such other duties of a similar nature as shall be required by that body.
(2) 
Be responsible for the recording, filing, indexing and safe keeping of all proceedings of the City Council.
(3) 
Record in full, uniformly and permanently, all ordinances and local laws, and authenticate the same.
(4) 
Publish all legal notices and all adopted ordinances and local laws as may be required by law.
(5) 
Keep and maintain all election records and have custody of all property used in connection with elections, except as otherwise provided by law.
(6) 
Receive, file, index and be the custodian of all City documents and records and other instruments required by law to be filed with the City.
(7) 
Be the custodian of the official Seal of the City and affix such Seal to such books, papers and documents as may be authorized pursuant to law.
(8) 
Have and take custody of all official books, papers and documents of the City for which no other repository is provided by these administrative regulations or by law.
(9) 
Provide secretarial and clerical services for the Councillors in the discharge of their official duties.
(10) 
Install procedures for filing, retrieval, report preparation and other operations of a specialized nature relating to City Council meetings.
A. 
Within the City Clerk's Department there shall be a Division of Licenses and Permits, the head of which is the City Clerk. He/she shall administer and sign or countersign all licenses and permits issued by the City as provided by ordinance or by local law except as otherwise provided by the City Charter. In cooperation with the departments of fire, police, buildings and law, the City Clerk shall be responsible for the enforcement of regulations in relation to licenses and permits and for the supervision of licensees pursuant to ordinance or local law. The City Clerk shall receive for the City all fees prescribed for licenses or permits, and monthly shall deposit such funds with the City Comptroller.
B. 
All monetary transactions shall include the issuance of a written receipt. Such receipts will be in two parts, one to be kept by the Clerk's office, the other being given to the customer.
C. 
No personal checks, other than for the exact amount of the transaction, shall be accepted by the Clerk's office.
Within the City Clerk's Department there shall be a Division of Vital Statistics, the head of which is the City Clerk appointed by the Mayor with the approval of the New York State Department of Health for a four-year term of office. The City Clerk shall keep and maintain all vital statistics of the City, and prepare, attest and report on such vital statistics.
Within the City Clerk's Department there shall be a Division of Historical Records, the head of which shall be the City Historian. He/she shall be appointed by the Mayor for an indefinite term of office. Under the direction and supervision of the City Clerk, he/she shall collect and preserve material relating to the history of the City and perform such other functions as may be authorized by §§ 148 and 149 of the Education Law.[1]
[1]
Editor's Note: Education Law §§ 148 and 149 were repealed by L.1983, c. 876.
The Director shall:
A. 
Act as executive secretary of the Planning Board.
B. 
Provide staff assistance to the Planning Board.
C. 
Provide staff assistance to the Board of Appeals in all matters under its jurisdiction.
D. 
Advise and assist the City Manager and the City Council in regard to the physical planning and public improvement aspects of all matters related to the planning and development of the City.
E. 
Conduct continuous studies and collect statistical and other data to serve as the basis for planning and development recommendations.
F. 
Administer the plan of land use controls within the City of Ogdensburg. Study the operation and effect of land use controls and their administration within the City of Ogdensburg.
[Amended 12-11-2006 by Ord. No. 10-2006]
G. 
Develop and administer programs and activities for the rehabilitation of housing and conservation of neighborhoods.
H. 
Develop and administer programs and activities for urban renewal and redevelopment, and provide staff assistance to any agency created for such purposes.
I. 
Develop and administer programs and activities for the improvement of the social and cultural characteristics of the community.
J. 
Develop and administer programs and activities for the physical expansion, improvement and development of the City.
K. 
Prepare and submit, with such help as may be necessary from other appropriate departments, offices or agencies, all applications for federal, state or private grants in aid for construction, maintenance or operation of facilities or for programs or activities.
[Amended 12-11-2006 by Ord. No. 10-2006; 1-11-2010 by Ord. No. 1-2010]
A. 
The City Assessor shall be appointed by and shall serve under the direction and supervision of the City Manager.
B. 
The powers and duties of the City Assessor shall be the following:[1]
(1) 
Make all assessments for general tax or special assessment purposes in accordance with the provision of the Real Property Tax Law and shall perform such other functions as may be required by other law.
(2) 
Be responsible for all other functions of the City Assessor as may be required by other laws.
[Amended 12-11-2006 by Ord. No. 10-2006]
[1]
Editor's Note: Former Subsection B(1) through (5) were repealed 12-11-2006 by Ord. No. 10-2006. Former Subsection 13(6) and (7) was renumbered B(1) and (2) pursuant to this local law.
The Director of Parks and Recreation shall:
A. 
Conduct and supervise all recreational activities in all public parks, playfields, playgrounds and recreational areas and facilities.
B. 
Be responsible for planning and putting into operation measures for the prevention of delinquency, for promoting and conducting recreational activities in connection therewith and for coordinating constructive forces to aid in the development of the youth of the community.
C. 
Be responsible for planning and putting into operation programs providing leisure time activities of adults, including but not limited to programs for senior citizens.
D. 
Plan, promote, organize and supervise a comprehensive municipal recreation program and administer the same in the interests of the entire community.
E. 
Conduct and supervise any form of recreational, cultural or social activity that will employ the leisure time of the citizens of the City in a wholesome and constructive manner.
F. 
Be responsible for operation, maintenance and repair of all parks, playgrounds and recreational areas and facilities, and she/he shall operate, maintain and repair all landscaped areas, including the grounds of public buildings and appropriate areas within highway rights-of-way not otherwise required by law to be maintained by private owners. She/he shall act as the City forester, shall supervise all tree and shrubbery conservation programs and shall cut and trim or supervise the cutting and trimming of all trees and shrubbery upon all public lands or rights-of-way.
The powers and duties of the Comptroller shall include:
A. 
Fiscal supervision over officers and employees. The Comptroller shall exercise general supervision over all officers and employees of the City regarding the proper management of the fiscal affairs of their respective functions.
(1) 
Examine books. The Comptroller shall examine the books of each officer, employee and department, and require that the books be kept in accordance with standard municipal accounting procedures.
(2) 
Report delinquent payments and financial reports. The Comptroller shall confirm the deposit of all City moneys into the City treasury by all officers and employees receiving the same shall confirm that all necessary financial reports are made by all officers and employees and shall report all delinquencies in such payments or reports to the Manager.
B. 
Duty upon fiscal default of officer or employee. The Comptroller shall report the default of any officer or employee of the City to the Manager for appropriate action by the Manager and by the City Attorney.
C. 
Responsibility for proceeds of bonds or notes. The Comptroller shall deposit the proceeds of all sales of bonds or notes with the City Treasurer immediately after he shall have received the same, and until such deposit, he shall be responsible for the amount thereof.
D. 
Audit accounts. The Comptroller shall examine and audit the accounts of all officers and employees.
E. 
Prescribe form of accounts. The Comptroller shall prescribe the form of accounts and financial reports consistent with the uniform system of accounts prescribed by the State Department of Audit and Control.
F. 
Certify contracts. Certify according to law all contracts and agreements for the expenditure of public funds entered into by any official of the City government, and no such contract or agreement shall be valid until so certified by him.
G. 
Budget duties. The Comptroller shall confirm estimates of revenue submitted to him, prepare other estimates of revenue, prepare a statement of debt service requirements and give such other assistance in the preparation of the budget as may be required of him by the Manager.
H. 
Financial statements. The Comptroller shall transmit to the Manager at least monthly audited statements of cash on hand and of classified unencumbered appropriation balances for the City as a whole and such other financial statements as the Manager may from time to time require. He shall prepare and submit such financial reports to state agencies as may be required. He shall keep all departments, boards, commissions or other agencies currently informed of its classified unencumbered appropriation balances.
Within the Department of Finance and Control there shall be a Division of Treasury, the head of which shall be the City Comptroller. The City Comptroller shall:
A. 
Keep accounts of receipts and expenditures. Keep in proper books, a full and accurate account of all the moneys received and disbursed by him in behalf of the City, specifying the time of receipt and disbursement, from whom received and to whom disbursed, and on what account received or disbursed.
B. 
Cancel warrants. Cancel all warrants and other evidences of indebtedness of the City whenever paid by him by writing or stamping across the face thereof the words "paid by the City Treasurer" with the date of payment written or stamped thereon.
C. 
Receive and disburse moneys. Receive and have custody of all moneys paid to the City, and shall disburse City moneys upon warrant of the City Accountant.
D. 
Collect taxes and assessments. Collect and receive all taxes and assessments in the manner authorized and required by law.
E. 
Collect moneys and fees due City. Demand and receive all moneys and fees owing to the City whenever any person is indebted to the City in any manner and where the means of collection of such debt is not otherwise provided for by law. When any claim shall not be collectible by other methods, he shall report the same to the City Attorney for collection.
F. 
Pay City employees upon presentation of the properly certified payroll.
G. 
Make a daily settlement with the City Accountant. Make a daily settlement of the amounts received and paid out during the day for which such settlement is being made; and upon such settlements shall deliver properly canceled, all warrants and other obligations of the City paid by him since his last settlement. Once each month he shall balance accounts with the Accountant, which monthly settlement shall show the balance to the credit of the several funds for which he/she is responsible.
H. 
Tax searches. Upon the request of any person and for a fee to be fixed by the Council, make a careful search of the books and records of the City for any unpaid taxes or assessments upon or against any parcel of land in the City, make a proper abstract thereof, showing the year in which each item was levied and the amount required to pay the tax or assessment, and certify such abstract. Also upon request and for a fee to be fixed by the Council, certify the amount due the City for any unpaid water bills, sewer rents, rubbish collection charges and any other special charges for municipal services.
Within the Department of Finance there shall be a Division of Accounts, the head of which shall be the City Comptroller. The City Comptroller shall be appointed by the Manager, for an indefinite term of office. The City Comptroller shall:
A. 
Keep the City accounts. Keep all general accounts of the City and of the respective departments, offices, boards, commissions and agencies thereof.
B. 
Be the custodian of bonds, contracts, etc. Be charged with the custody of the official fidelity bonds of all City employees except his own which shall be in the custody of the City Treasurer, and with the custody of all deeds, mortgages, contracts, judgments, notes, debts and other evidence of indebtedness. The City Comptroller shall keep and administer all securities, bonds and other forms of negotiable instruments owned by or belonging to the City.
C. 
Examine all accounts and claims against the City. Examine all accounts and claims against the City and of the respective departments, offices, boards, commissions and agencies thereof, and the City payrolls, and approve or disapprove the same by his written endorsement thereon. The City Comptroller shall issue all warrants for payment of money by the City, and of the respective departments, offices, boards, commissions and agencies thereof. Such warrants shall be directed to the City Treasurer and be accompanied by a schedule or detailed abstract, certified by him to be correct, of all claims and payrolls. The City Comptroller and his/her surety shall be personally liable to the City for the amount of any bill or claim against the City, or any part thereof or any item therein, payment of which not authorized, or which is prohibited and which the City Comptroller shall willfully or negligently approve. No claim against the City, except for a fixed salary or for the principal of or interest on indebtedness shall be paid unless an itemized voucher therefor, verified or certified by or on behalf of the claimant, in such form as the Comptroller shall prescribe, shall have been presented to the Department of Audit and Control.
Within the Department of Finance there shall be a Division of Purchase, the head of which shall be the City Comptroller. The City Comptroller shall:
A. 
Contract for and purchase all supplies, materials, equipment and contractual services required by any department, office, board, commission or agency of the City, pursuant to such rules and regulations as may be established by the Council. All purchases made and contracts executed by the purchasing agent shall be pursuant to a signed requisition, from the head of the department, office, board, commission or agency whose appropriation is to be charged.
B. 
Establish and enforce, after consultation with the heads of all departments, standard specifications for all supplies, materials and equipment to be purchased by the City.
C. 
Prescribe the time of making requisitions for such supplies, materials and equipment and the future period which said requisitions are to cover.
D. 
Inspect all deliveries of such supplies, materials and equipment, and cause tests to be made when necessary to determine the quality, quantity and conformance with specifications.
E. 
Supervise and control and maintain any central storeroom or warehouse provided for by the Council.
F. 
Enter into cooperative purchasing agreements with other governmental agencies.
G. 
Transfer supplies to or between departments, offices, boards, commissions and agencies.
H. 
Sale of personal property. Determine, at least annually, what personal property in each office, department or agency is unserviceable or no longer required, and sell or otherwise dispose of such supplies, materials and equipment as may be determined to be surplus, obsolete or unused.
I. 
Contracts with public utilities. Make contracts with public utilities for supply to the City of power, communications or other utility services.
J. 
Inventory. Maintain an inventory of all personal property belonging to the City.
K. 
Fidelity bonds. Purchase at the expense of the City, fidelity bonds for all offices and employees of the City required to furnish bonds to the City.
L. 
Insurance. Obtain and pay for insurance for such types and in such amounts against liability, loss or damage to the City or its property as may be approved by the City Manager.
M. 
Collection of insurance claims. Be responsible for the collection of insurance benefits and for all other matters relating to the administration of insurance.
N. 
Public works contracts. On the basis of plans and specifications prepared by the Division of Engineering of the Department of Public Works, solicit and award all contracts for any public work or improvement. Competitive bidding will be required in all situations where competitive bidding is required under the provisions of the General Municipal Law and in all other situations where required by the Council.
[Added 12-11-2006 by Ord. No. 10-2006]
A. 
The Fire Chief shall be appointed by and shall be under the direction and supervision of the City Manager. The Fire Chief shall have jurisdiction and control of the administration, disposition and discipline of the Fire Department and the Division of Code Enforcement and of the fire fighters and employees within the Department and shall be the chief executive officer of the Department of Fire. The Chief shall be responsible for the operation, maintenance and repair of all fire vehicles, fire equipment, and vehicles of the Division of Code Enforcement. The Chief shall have sole and exclusive power and authority to extinguish fires at any place within the jurisdiction of the City and shall have power and control of the Division of Code Enforcement. It shall be the Chief's duty to take such measures as are deemed necessary to prevent fires, be the fire warden of the City and exercise the following duties:
(1) 
Have jurisdiction over the approval of the installation of all containers for combustibles, chemicals, explosives, inflammables or those dangerous substances, articles, compounds or mixtures, except storage tanks for oil-burning equipment, which shall be under the jurisdiction of the Code Enforcement Office.
[Amended 1-11-2010 by Ord. No. 1-2010]
(2) 
Install or cause to be installed, operate, maintain and repair or cause to be repaired all fire alarm, telephone, electronic and radio equipment which shall be used in the operation of the Fire Department.
(3) 
Enforce and prevent the violation of all federal, state and local laws and ordinances, rules and regulations in respect to the manufacture, storage, sale, transportation or use of combustibles, chemicals, explosives, inflammable or other dangerous substances, articles, compounds or mixtures.
(4) 
Be responsible for the investigation of the cause, circumstances and origin of fires and the suppression of arson.
(5) 
Be responsible for the prevention of fires and danger to life or property therefrom, including provisions relating to structural conditions of buildings, which shall be under the jurisdiction of the Division of Code Enforcement within the Department of Fire.
(6) 
Cause any building, structure or place or premises to be inspected for fire hazards by any officer or employee of the department designated for such purpose, and cause the inspection and testing of any fire alarm system or fire-extinguishing equipment.
(7) 
Cause the inspection and testing of any fire exits, and inspect the proper designation and marking thereof.
(8) 
Be responsible to assure the training of personnel for emergency medical response and the operation of the Department's emergency medical response program.
(9) 
Appoint those persons authorized and permitted in the City of Ogdensburg to perform electrical inspections, and approve electrical and associated work.
(10) 
Enforce such state laws, local laws, ordinances, including Chapter 221 of the Municipal Code,[1] rules and regulations as may govern the construction, alteration, maintenance, removal, demolition, use, occupancy, safety, sanitary conditions, mechanical equipment and inspection of buildings, structures or premises in the City.
[1]
Editor's Note: See Ch. 221, Zoning.
B. 
There shall be a Division of Code Enforcement within the Department of Fire. The office shall be headed by the Code Enforcement Officer, who shall answer to the Fire Chief of the City of Ogdensburg. This office shall have the power to enforce such state laws, local laws, ordinances, rules and regulations as may govern the construction, alteration, maintenance, removal, demolition, use, occupancy, safety, sanitary conditions, mechanical equipment and inspection of buildings, structures or premises in the City and perform such other duties as may be prescribed by law, the Council, the City Manager or the Fire Chief. Said powers and duties shall include the following:
(1) 
The enforcement and administration of Chapter 97, the New York State Building Code (the Uniform Code), the New York State Residential Code, the New York State Fire Code, the New York State Energy Conservation Construction Code (the Energy Code), the New York State Property Maintenance Code and the New York State Mechanical and Plumbing Code; the enforcement of Chapter 221, Zoning; the enforcement of such other laws, codes or ordinances relating to building now in effect or hereinafter adopted.
(2) 
Sign all certificates or permits granted pursuant to the provisions of Chapter 97, the New York State Building Code (the Uniform Code), the New York State Residential Code, the New York State Fire Code, the New York State Energy Conservation Construction Code (the Energy Code), the New York State Property Maintenance Code and the New York State Mechanical and Plumbing Code; Chapter 222, Zoning; or such other laws, codes or ordinances relating to buildings now in effect or hereafter adopted.
(3) 
Recommend, subject to the approval and appointment by the Fire Chief, those persons authorized and permitted in the City of Ogdensburg to perform electrical inspections and approve electrical and associated work.
(4) 
Be responsible for all other functions of the Code Enforcement Officer and Building Inspector.