CITY OF BATAVIA LOCAL LAW No. 1 A local law in relation to the constructing or repairing of sidewalks and curbs, and the removal of snow, ice and other obstructions therefrom, superceding section seventy-six of the charter of the city of Batavia, being chapter six hundred and seventy-eight of the laws of New York, nineteen hundred and twenty-one. Became a law April 6, 1927, no petition protesting. Passed by the local legislative body of the city of Batavia. Be it enacted by the common council of the city of Batavia as follows: Section 1. Section seventy-six of the charter of the city of Batavia as enacted and amended by chapter six hundred and seventy-eight of the laws of nineteen hundred and twenty-one is hereby amended and superseded to read as follows: § 76. Sidewalks and curbs. The common council shall have power to require sidewalks and curbs and the whole or any part thereof of such sidewalks and curbs of said city to be constructed, made, paved, flagged, curbed, relaid, reset, mended or repaired by the owners or possessors of land adjoining such sidewalks or curbs and to require any or either of such improvements, acts or things to be made or done in such a manner, at such times and of such materials as it may prescribe and direct. Such improvements shall conform to the grades established or to be established before such improvements are made. The common council in the resolutions or ordinances requiring any of the improvements, acts or things authorized by this section shall specify in what manner and within what time and of what material the same must be made or done. At least ten days before the expiration of the time specified for such performance, the said common council shall cause to be served upon the owners of the lands adjoining such sidewalks or curbs so to be improved as aforesaid a copy of said resolution or ordinance, with a notice that, if the same is not done within the time specified in said resolution or ordinance by the several owners of the adjacent lands, it will be done by the said common council at the expense of the owner; the work to be done by the department of public works, or by the common council letting the same to an independent contractor in its discretion. Such service shall be made upon the owner by delivering the same to him personally or by mailing such notice in a securely closed postpaid wrapper addressed to the owner at his or its last known address or to the place where the said work is to be done. No other notice to be required. Affidavits of the mailing of such resolution or ordinance and notice may be filed or recorded, or both, in the office of the clerk of said city, and the affidavits or the records thereof, or a certified copy of either, shall in all courts and places, actions and proceedings, be prima facie evidence of the facts therein stated. In case any such improvements, act or thing required shall not be made, done or completed, as required within the time so specified, the common council shall have the power to make, or to complete the same, and having done so, shall, without giving any further notice, proceed to make a special assessmentroll of the expense thereof against the delinquent owners, and upon said adjoining lands owned by them, assessing upon each parcel or lot of land the expense of the sidewalks and curb immediately upon and abutting it and file the same with the city clerk. Whereupon the said city clerk shall give to each delinquent, notice served personally or by mailing the same in a securely closed postpaid wrapper to his or its last known postoffice address, to the effect that the same has been left with the city clerk and may be examined by all persons interested; and that at a time and place to be specified in said notice, which shall be not less than ten days from the service or mailing thereof, the common council will hear and act upon the application of any person deeming himself or itself aggrieved by said special assessment, to have the same altered or corrected, as he or it may deem just. After hearing all such applications the common council may proceed to make such alterations and corrections, if any, in said special assessment-roll, as it may deem just, and by resolution confirm the same. And the said assessment shall thereupon become and be final and conclusive upon all parties interested in the real estate affected thereby and a lien thereon, and the said assessment shall be collected in one assessment in the manner prescribed for the collection of special assessments in this act. The said special assessment-roll, when confirmed, shall, in addition to the amounts actually expended by the city on behalf of the delinquent, include an interest charge at the rate of six per cent per annum on the amount so expended, which shall commence on the date that the amount on behalf of said delinquent is paid by the city of Batavia, and shall continue until the said special assessment is paid, if paid prior to delivery of warrant to city clerk for collection of general tax roll, at which time the said special assessment shall be spread and incorporated in the general tax roll and shall be collected in the same manner as a general tax assessment, and in addition thereto a charge of five dollars ($5.00) shall be included and assessed against each delinquent as a fee or charge for the letting of the contract, supervision of the said work, and expenses connected with the same. It shall be the duty of every owner or occupant of every lot or piece of land to keep the sidewalks adjoining his lot or piece of land at all times clean and free from snow, ice or other obstructions. It shall be the duty of such owner or occupant to remove new ice and freshly fallen snow from such sidewalk before nine o'clock in the forenoon of each day. In default thereof such owner or occupant shall be subject to such fine or penalty therefor as shall be prescribed by the common council. Also the superintendent of public works shall have power to remove all snow and ice which the owner or occupant has neglected to remove before the said hour of nine o'clock in the forenoon, or any other obstruction upon the sidewalks, and no ordinance for the same need be passed or notice given; the expense thereof shall be assessed and collected in the same manner as the expenses of constructing and repairing sidewalks. § 2. This local law shall take effect immediately. LOCAL LAW No. 2 A local law in relation to the qualification of patrolmen in the police department of the city of Batavia, superceding section one hundred of the charter of the city of Batavia, being chapter six hundred and seventy-eight of the laws of New York, nineteen hundred and twenty-one. Became a law May 18, 1927, no petition protesting. Passed by the local legislative body of the city of Batavia. Be it enacted by the common council of the city of Batavia as follows; Section 1. Section one hundred of the charter of the city of Batavia, as enacted and amended by chapter six hundred and seventy-eight of the laws of nineteen hundred and twenty-one, is hereby amended and superseded to read as follows: § 100. Qualification of police. No person shall be appointed to the police force of the city who is not a citizen of the United States, and who cannot understand, read and write the English language, or who at the time of his appointment is over the age of forty (40) years. § 2. This local law shall take effect immediately. LOCAL LAW No. 3 A local law in relation to the limitation of actions against the city of Batavia. Became a law July 6, 1927, with the approval of the Mayor. Passed by the local legislative body of the city of Batavia. Be it enacted by the common council of the city of Batavia as follows: Section 1. Section one hundred and fifty-five of the charter of the city of Batavia as enacted and amended by chapter six hundred and seventy-eight of the laws of nineteen hundred and twentyone is hereby amended and superseded to read as follows: § 155. Limitations of actions against the city. All claims for injury to the person or property alleged to have been caused or sustained by reason of any defects in, want of repair or obstruction of any of the highways, streets, alleys, sidewalks or crosswalks or public places of the city, shall be presented in writing to the common council within twenty-four hours after the time of such alleged injury. Such statement in writing shall state the time, place, cause, nature and extent of the alleged injuries, as far as practicable, and shall be verified by an affidavit of the claimant or his agent or attorney to the effect that the same is true to his knowledge or his best information or belief. The omission to present any such claim in the manner and in the time in this section provided shall be a bar to any action against this city therefor. When any such defects in want of repair or obstruction of any highway, street, alley, bridge, sidewalks or crosswalks were caused by any independent contractor, such contractor and his surety, if any, must be made a party defendant in an action brought against the city to recover damages by reason of such defects, want of repair or obstruction, and in case of a recovery therein an execution shall be issued as provided by law against such contractor or surety thus made party defendant to collect the amount of the judgment entered therein, and upon the return thereof said city shall pay the balance, if any, remaining unpaid upon said judgment. No action shall be commenced against said city on any duly presented claim until after the expiration of three months from the presentation thereof, nor shall any such action be maintained against said city which shall not have been commenced within one year after the cause of action accrued. All claims against the city for damages or injuries in person 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 common council in writing, within thirty 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 the 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 injuries, shall also state the place of residence of the claimant by 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 claimants The omission to present such claim within thirty days from 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 common council. Nothing contained in this section shall be held to repeal or modify existing requirement or statute of limitations which is applicable to this class of actions, 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. A majority of the common council shall have the power, subject to the approval of the mayor, 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 hereinafter provided. § 2. This local law shall take effect immediately. CITY OF BINGHAMTON LOCAL LAW No. 1 A local law amending section two hundred and forty-three of the supplemental charter of the city of Binghamton, being chapter six hundred and sixty-eight of the laws of nineteen hundred and seventeen. Became a law February 4, 1927. No petition protesting. Passed by the local legislative body of the city of Binghamton. Be it enacted by the common council of the city of Binghamton as follows: Section 1. Section two hundred and forty-three of the supplemental charter of the city of Binghamton, being chapter six hundred and sixty-eight of the laws of nineteen hundred and seventeen, is hereby amended to read as follows: § 243. Qualifications of city judge, special city judge and acting city judge. The city judge, special city judge and acting city judge shall be attorneys and counselors of the supreme court of the state of New York of not less than three years' standing and resident electors of the city of Binghamton. § 2. This local law shall take effect immediately. LOCAL LAW No. 2 A local law in relation to the terms of office of the mayor, and other elective and appointive officers of the city of Binghamton. Became a law June 30, 1927, with the approval of the mayor. Passed by the local legislative body of the city of Binghamton. Be it enacted by the common council of the city of Binghamton as follows: Section 1. Terms of office. The term of office of each elective officer hereafter elected, unless elected to fill a vacancy then existing, shall commence on the first day of January next succeeding his election. The term of office of each appointive officer shall commence on the day succeeding his appointment unless a different date is specified in the certificate of appointment. The term of office of the mayor, comptroller, treasurer, president of the common council and alderman shall be four years. The term of office of supervisor shall be two years. The term of office of the corporation counsel, city engineer, commissioner of public works, commissioner of public safety, commissioner of assessment and taxation, commissioner of charities, and sealer of weights and measures shall be four years unless sooner removed by the mayor. Where the term of office of the appointive officer is not specifically fixed by statute it shall be deemed to continue only during the pleasure of the officer, officers, board or body authorized to make the appointment. |