City Charter

CHARTER ARTICLE I Short Title § 1.

Short title. ARTICLE II General Provisions

§ 2.

Corporate name.

§ 3.

City boundaries.

§ 4.

Definitions. ARTICLE III General City Powers

§ 7.

Corporate powers.

§ 8.

Title pending condemnation. ARTICLE IV Officers and Elections

§ 12.

Officers.

§ 13.

Elective officers.

§ 14.

Appointive officers.

§ 15.

Qualifications.

§ 16.

Terms of office of elective officers.

§ 17.

Vacancies.

§ 18.

Certificate of appointment.

§ 19.

Restrictions; officers not to be interested in contracts.

§ 20.

City elections.

§ 21.

Fixed salaries.

§ 22.

Additional allowances.

§ 23.

Additional fees or compensation not to be paid.

§ 24.

Official undertaking.

§ 25.

Penalty for violation of duty.

§ 26.

Elective officers removable by the Governor.

§ 27.

Removal of appointive officers and employees.

§ 28.

Removed officer not eligible for reelection or reappointment.

§ 29.

Officers trustees of public property.

§ 30.

Annual report of departments; annual message. ARTICLE V City Council

§ 32.

Legislative power of the City Council.

§ 33.

Members; President; President pro tempore; organization.

§ 34.

City Clerk; Deputy City Clerk.

§ 35.

Meetings.

§ 36.

Powers.

§ 36-a.

Employment of special counsel.

§ 37.

Legislative acts.

§ 38.

Procedure after passage of ordinance.

§ 39.

Record of ordinances.

§ 40.

Administrative Code.

§ 41.

Special lighting districts.

§ 42. Alteration of grades and names of streets. § 43. Apportionment of City’s expense of improvements. § 43-a. Sidewalks on new streets. § 43-b. Public improvements in conjunction with state, federal or county governments.

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§ 44. Discontinuance of streets. § 45. Designation of official papers; official printing. § 46. Appropriations. § 47. Disposition of real estate; franchises. § 47-a. Additional requirements and regulations regarding the sale of real estate. § 47-b. Regulations regarding the sale of real estate with a price in excess of one million dollars. § 48. Election districts. § 49. Water rates. § 50. Investigations of public officers and public affairs. § 51. Penalties. § 52. Penalties for violation of ordinances. ARTICLE VI Mayor § 60. Executive power. § 61. Vacancy in office of Mayor; Acting Mayor. § 62. Secretary and assistants. § 63. Duties of the Mayor; messages. § 64. Consultation with heads of departments; public hearings. § 65. Execution of deeds and contracts; signature of checks and warrants.

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§ 66.Examination of books and accounts. § 67. Additional powers and duties; special policemen. ARTICLE VI-A Department of Management Services § 68-a. Creation; Commissioner. § 68-b. General powers and duties of the Commissioner. § 68-c. Advisory Board. ARTICLE VI-B Office of the Inspector General § 69. Office established; Inspector General. § 69-a. Qualifications of the Inspector General. § 69-b. Powers and duties of the Inspector General. § 69-c. Responsibilities of agencies, municipal officers and employees to the Inspector General. ARTICLE VII Board of Estimate and Contract § 70. Personnel of the Board of Estimate and Contract. § 71. Determination of positions and salaries. § 72. Designation of depositaries of City funds. § 73. Contracts. § 74. Proposals. § 75. Contracts for paving.

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§ 76. Contracts for lighting. § 77. Limitation on contracts and expenditures.

§ 78. First departmental estimates. § 79. Fiscal year; departmental estimates. § 80. The first annual estimate. § 81. Annual estimates. § 81-a. Supplemental tax budget for year 1934. § 82. Estimate of parking revenues. § 83. Tax budget. § 84. First annual appropriations. § 85. Annual appropriations. § 85-a. Reserve for delinquent taxes. § 85-b. Roll call of votes. ARTICLE VII-A Capital Projects Board § 86-a. Definitions. § 86-b. Capital Projects Board. § 86-c. Estimates and reports of City departments and agencies. § 86-d. Board recommendations.

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ARTICLE VIII Department of Finance § 90. Comptroller; deputies; subordinates. § 91. Duties of the Comptroller. § 91-a. Further duties of the Comptroller. § 92. Claims against the City. § 93. Custody and management of sinking fund. § 94. Amount included in annual budget for state and county purposes; disposition of surpluses resulting therefrom. § 95. Authorizations of issuance of bonds and notes. § 95-a. Mandatory referendum on bond ordinance. § 97. Annual financial statement. § 98. Debt limit. ARTICLE VIII-A Department of Recreation § 99. Definitions. § 99-a. Department established; Commissioner; Recreation Board. § 99-b. Commissioner of Recreation; qualifications; deputy; subordinates. § 99-c. Powers and duties, generally. § 99-d. Recreation Board. § 99-e. Powers and duties, generally.

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§ 99-f. Recreation Commission abolished; transfer of functions, powers and duties. ARTICLE VIII-B Office for the Aging § 100. Office established; Director, Office for the Aging. § 100-a. Qualifications of the Director, Office for the Aging. § 100-b. Powers and duties of the Director, Office for the Aging. § 100-c. Advisory Board on the Aging. ARTICLE VIII-C Department of Human Resources § 101. Department established; Commissioner; Deputy. § 101-a. Qualification of the Commissioner; Deputy. § 101-b. Powers and duties, generally. ARTICLE IX Department of Public Works Bureau of Intergovernmental Coordination § 105. Commissioner of Public Works; Deputy Commissioner; Subordinates. § 105-a. Powers and duties, generally. § 105-b. Abatement of nuisance. § 106. Repair of sidewalks; removal of snow and ice. § 107. Performance of public work to be certified. § 108. Bureaus. § 109. Bureau of Highways and Sanitation.

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§ 110. Bureau of Motor Vehicle Control. § 111. Bureau of Engineering. § 112.

Bureau of Parks.

§ 112-a.

General and transitory provisions. ARTICLE IX-A Department of Buildings

§ 113.

Commissioner of Buildings; subordinates.

§ 113-a.

Powers and duties, generally.

§ 113-b.

Additional powers. ARTICLE IX-B Building and Housing Code Appeals Board

§ 113-aa. Building and Housing Code Appeals Board established; members; qualifications. § 113-bb. Powers and duties of the Building and Housing Code Appeals Board, generally. ARTICLE X Department of Public Safety § 114.

Commissioner of Public Safety; subordinates.

§ 115.

Powers and duties of Commissioner and Deputy.

§ 116.

Rules, orders and regulations.

§ 117.

Constitution of Police Department.

§ 117-a.

Three-platoon system.

§ 118.

Terms of office.

§ 119.

Discipline.

§ 120.

Appeal from determination of Commissioner.

§ 121.

Chief Inspector of Police.

§ 122.

Powers and duties of members of Police Department.

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§ 123.

Service of process.

§ 124.

Political activity prohibited.

§ 125.

City owner of supplies.

§ 126.

Liability of City. ARTICLE X-B Office of Consumer Protection

§ 126-a.

Office of Consumer Protection.

§ 126-b.

Coordinator of Consumer Protection.

§ 126-c.

Powers and duties.

§ 126-d.

Advisory Committee on Consumer Affairs. ARTICLE X-A Fire Department

§ 127.

Fire Commissioner; subordinates.

§ 127-a.

Powers and duties of Commissioner and Deputy.

§ 127-b.

Rules, orders and regulations.

§ 127-c.

Constitution of Fire Department.

§ 127-d.

Terms of office.

§ 127-e.

Discipline.

§ 127-f.

Appeal from determination of Commissioner.

§ 127-g.

(Reserved)

§ 127-h.

Political activity prohibited. ARTICLE XI (Reserved)

§§ 132 through 144. (Reserved) ARTICLE XI-A Department of Planning and Community Development § 145. Department established; Commissioner of Planning and Community Development.

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§ 145-a.

Powers and duties of Commissioner. ARTICLE XII Department of Law

§ 147.

Corporation Counsel; assistants; subordinates.

§ 148.

Powers and duties.

§ 149.

Costs.

§ 150.

Payment over of collections; docket.

§ 151.

Certification and approval of contracts and conveyances.

§ 152.

Compromise of claims.

§ 153.

Employment of special counsel.

§ 154.

Foreclosure of tax liens.

§ 155.

Judgments in tax foreclosures.

§ 156.

Procedure in tax foreclosures.

§ 157.

Costs in foreclosure actions.

§ 158.

Limitations.

§ 159.

Pending proceedings.

§ 160.

Judgments against the City.

§ 161.

Police to aid Corporation Counsel. ARTICLE XIII Tax Liens

§ 162-a.

Sales of tax liens; proceedings.

§ 162-b.

Notice of sale.

§ 162-c.

Additional sales in discretion of Comptroller.

§ 162-d.

Postponement of sales.

§ 162-e.

Sales of tax liens to be conducted by Comptroller.

§ 162-f.

Transfer of tax liens.

§ 162-g.

Record of transfer of tax liens.

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§ 162-h.

Rights of purchaser of tax liens.

§ 162-i.

Discharge of tax liens.

§ 162-j.

Procedure when no bid for a tax lien is received.

§ 162-k.

Sale for less than amount of lien.

§ 162-l.

Sale of lien for less than its face value.

§ 162-m.

Corporation Counsel to protect interest of City.

§ 162-n.

Lost transfer of tax lien. ARTICLE XIV City Court

§ 173.

City Court of Mount Vernon continued.

§ 174.

Civil jurisdiction.

§ 175.

Limitations on jurisdiction.

§ 176.

Jurisdiction in special proceedings.

§ 177.

Process.

§ 178.

Criminal jurisdiction.

§ 179.

Jury terms in criminal cases.

§ 180.

City Judge.

§ 181.

Subordinates.

§ 181-a.

Clerk; duties and powers.

§ 182.

Associate City Judge.

§ 183.

Powers of City Judge.

§ 184.

Removal of causes of action.

§ 185.

Summons.

§ 185-a.

Method of serving summons.

§ 186.

Pleadings.

§ 187.

Practice.

§ 187-a.

Judicial notice.

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§ 188.

Note of issue.

§ 189.

Notice of motion.

§ 190.

Terms.

§ 191.

Decision.

§ 192.

New trials; defaults.

§ 193.

Rules of civil practice.

§ 194.

Motions addressed to the pleadings.

§ 195.

Process; how directed.

§ 195-a.

Process; where service may be made.

§ 196.

Civil practice, general provisions.

§ 197.

Jury trials; summoning special jury.

§ 197-a.

Jury trial in criminal cases.

§ 198.

Jury fund.

§ 199.

Jury list.

§ 200.

Drawing and summoning jurors.

§ 201.

Jurors’ fees.

§ 202.

Exemption from future service.

§ 203.

Fines for nonattendance.

§ 204.

New drawing.

§ 205.

City Court Marshal.

§ 205-a.

Deputy and Assistant Deputy Marshals.

§ 206.

Powers and duties of Marshal.

§ 207.

Fees of Marshal.

§ 208.

Deficiencies in jury fund.

§ 209.

Deputy Clerks.

§ 210.

Clerk’s fees.

§ 211.

Payment to Comptroller.

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§ 212.

Filed papers.

§ 213.

Judgment docket.

§ 214.

Costs.

§ 215.

Taxation of costs.

§ 216.

Transcripts; enforcement of judgments.

§ 217.

Findings.

§ 218.

Appeals.

§ 219.

Small claims defined.

§ 220.

Part for the determination of small claims established.

§ 221.

Commencement of action upon small claims.

§ 221-a.

Where rules and practice of Supreme Court applicable.

§ 221-b.

Power to transfer small claims; remedies applicable.

§ 221-c.

Trial by jury; how obtained; discretionary costs.

§ 221-d.

Review.

§ 221-e.

Res judicata.

§ 221-f. Procedure unavailable to corporations, associations and assignees. § 221-g.

Procedure alternative. ARTICLE XV Department of Assessment

§ 222.

Commissioner of Assessment; subordinates.

§ 223.

Powers and duties.

§ 224.

Board of Assessment Review; composition; terms of office of members.

§ 225.

Description of premises.

§ 226.

Deeds, etc., to be presented; maps to be filed.

§ 226-a.

Filing requirements for income-producing properties.

§ 227-a.

Tentative assessment roll.

§ 227-b.

Taxable status date.

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§ 228.

Review and correction of assessment.

§ 229.

Apportionment of assessments.

§ 230.

Assessment of omitted property.

§ 230-a.

Confirmation and lien of local assessments.

§ 231.

Right to review assessment or tax for local improvement limited.

§ 232.

Procedure on review.

§ 233.

Consolidation of separate proceedings.

§ 234.

Rebates and deficiencies.

§ 235.

Completion and filing of the assessment roll.

§ 236.

Correction and cancellation of taxes and assessments.

§ 237.

Record of correction of taxes and assessments.

§ 238.

Assessment not invalidated by irregularities.

§ 239.

Establishment of tax rate; assessment roll; tax warrant.

§ 240.

Tax lien date; taxes payable in installments.

§ 241. Notice of receipt of tax rolls; payment of taxes to comptroller. § 242.

Interest and penalties.

§ 242-a.

Interest on assessments for local improvements.

§ 243.

Notice to delinquents.

§ 244.

Certification of unpaid taxes to Corporation Counsel.

§ 245.

Return of unpaid taxes.

§ 246.

Exemption for persons sixty-five years of age or over. ARTICLE XVI Civil Service Commission

§ 249.

Civil Service Commissioners. ARTICLE XVII Department of Education

§ 254.

Existing system continued.

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ARTICLE XVIII Miscellaneous Provisions § 260.

Retention of Water Commission.

§ 261.

Pension funds.

§ 262.

Books and papers to be public records.

§ 263.

Inhabitants not incompetent; place of trial of actions and proceedings.

§ 264.

Witness not to be excused from testifying.

§ 265.

Liability of City in actions for damages or injuries to person or property.

§ 266.

Officers to surrender City property.

§ 267.

Board of Water Supply; applicability of other sections. ARTICLE XIX Construction

§ 271.

Construction.

§ 272.

Saving clause.

§ 273.

Laws repealed.

§ 274.

Time of taking effect; Schedule of Laws Repealed. ARTICLE XX Department of Urban Renewal and Redevelopment

§ 275.

Creation of Department of Urban Renewal and Redevelopment.

§ 276.

Director of Urban Renewal and Redevelopment; subordinates.

§ 277.

Powers and duties, generally.

[ HISTORY: Adopted as Chapter 490, Laws of 1922. Became a law April 4, 1922. Amendments noted where applicable.] ARTICLE I Short Title § 1. Short title. This Act is a public act to be known as the “Charter of the City of Mount Vernon.”

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ARTICLE II General Provisions § 2. Corporate name. The territory in the County of Westchester, included within the boundaries described in the next section shall continue to be a City by the name of the “City of Mount Vernon” and the citizens of this state, from time to time inhabitants within the said boundaries, shall be a corporation by the name of “The City of Mount Vernon.” § 3. City boundaries. The City boundaries shall continue to be as follows: Commencing at a point in the center of the Bronx River at the intersection thereof with the northerly boundary line of the City of New York; thence running in a generally easterly direction along the northerly boundary line of the City of New York to the westerly side of South Eleventh Avenue at Crawford Avenue; thence running southerly along the westerly side of Eleventh Avenue to Mundy Lane; thence running southerly along the westerly side of Mundy Lane to Kingsbridge Road; thence running due south to the northern boundary line of New York City; thence running easterly along the northerly boundary line of the City of New York to the center of Hutchinson River or Creek as the same existed at the time of the incorporation of the said City of Mount Vernon, to a point south of the center line of New Rochelle Road, where the towns of New Rochelle, Pelham and Eastchester meet; thence running westerly along a line parallel with the northern boundary line of New York City to the center of the Bronx River; thence running southerly along the center line of the Bronx River as the same existed at the time of the incorporation of the said City of Mount Vernon to the point or place of beginning. Being the boundaries established by the City Charter of the City of Mount Vernon, enacted March 22, 1892, in Chapter 182 of the Laws of 1892. § 4. Definitions. The word “his” as used in this chapter shall, in all proper cases, be held to include and be coextensive with the words “her,” “it” and “their;” and the word “person” shall be held to include and be coextensive with the words “persons,” “company,” “joint-stock association” and “corporation.” The word “street” shall be held to include and be coextensive with “roads,” “bridges,” “avenues,” “highways,” “alleys” and “square;” the word “work” shall be held to include and be coextensive with “improvements” and “repairs;” the word “materials” shall be held to include and be coextensive with “supplies,” “stationery,” “books,” “furniture” and “repairs to furniture;” the word “tax” shall in all proper cases be held to include and be coextensive with “water rents or rates,” “assessments or reassessments for local improvements;” and the singular noun shall be held to include, and be coextensive with the plural. ARTICLE III General City Powers § 7. Corporate powers.

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The City shall have power: 1. To take, purchase, hold, lease, sell and convey such real and personal property as the purposes of the corporation may require. 2. To take by gift, grant, bequest and devise and hold real and personal estate absolutely or in trust for any public use including that of education, art, ornament, health, charity or amusement, for parks or gardens, or for the use or erection of statues, monuments, buildings or structures, upon such terms or conditions as may be prescribed by the grantor or donor and accepted by said corporation and to provide for the proper administration of the same. 3. To make, have and use, and from time to time to alter a common seal. 4. To contract and be contracted with, to sue and be sued, to complain and defend and to institute, prosecute, maintain and defend any action or proceeding in any court. 5. To require of any officer or employee of the City a bond or undertaking for the faithful performance of his duty; to determine the amount, form and sufficiency of the sureties thereof; and in its discretion to pay the premium thereon, if any. 6. To lay out, establish, construct, maintain, continue, operate, alter, extend and discontinue sewer and drainage systems and water supply systems; and to continue to lay out, establish, construct, contribute to, maintain, manage and operate public buildings, markets, parks, playgrounds, libraries and public places, and upon the discontinuance thereof to sell and convey the same, subject to the limitations and restrictions provided in this chapter. 7. To provide for constructing, operating and maintaining in, along and under the public streets, highways, parks, squares and public places and in, along and under any real estate owned by the City, or acquired for the purpose, conduits or ducts for electrical wires and cables and to permit the installation therein upon uniform rates, terms, rentals and conditions, which shall be approved by the Board of Estimate and Contract, of electrical wires and cables, owned, used or operated by any corporation authorized and empowered to construct, own, use or maintain a line or lines of electric telegraph, telephone, or signal system within the City. 8. To provide for the planting and rearing and for protecting and preserving shade and ornamental trees in the streets and public grounds, and to prohibit the injury, defacement or destruction of such trees. 9. To sell and supply water from the water system of the City to any corporation or individual outside of the City and to lay and construct necessary pipes and conduits for delivery of the same to such corporation or individual. 10. To license any and all kinds of businesses carried on within the City. 11. To have and exercise all of the rights, privileges and jurisdiction essential to a proper exercise of its corporate functions, including all that may be necessarily incident to, or may be fairly implied from, the powers specifically conferred upon such corporation.

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12. To have and exercise all of the rights, privileges, functions and powers now prescribed and exercised by it under existing laws and not inconsistent with the provisions of this chapter. § 8. Title pending condemnation. In any case in which the City of Mount Vernon shall institute a proceeding for the condemnation of real property or an interest therein for City purposes, the title in fee simple to the real property or right to and in such interest therein shall vest in the City upon the qualification of the Commissioners appointed in such condemnation proceeding by filing the oaths of the Commissioners in the office of the Clerk of the County of Westchester, and the City may thereupon or at any time thereafter enter upon and take possession of such property or area, and the same may be used and occupied by the City, its officers, agents and employees. Interest upon any award made for the acquisition of real property or an interest therein, computed from the date of the qualification of the Commissioners, shall be added to the award and be paid therewith. (As added by L.L. 1971, No. 3) ARTICLE IV Officers and Elections § 12. Officers. City officers, within the meaning of this chapter, include all persons elected or appointed to any office of the City created or authorized by this chapter or otherwise by law. § 13. Elective officers. There shall be elected by the qualified electors of the City a Mayor, a Comptroller, five City Councilmen, two City Judges and such County Legislators and other officers as may be provided by law. a. Wherever the term “Alderman” or “Aldermen” may be used in this Charter or any amendment thereof, said terms shall mean “City Councilman” or “City Councilmen,” respectively. b. Wherever the term “City Councilman” or “City Councilmen” may be used in this Charter or any amendment thereof, said terms shall be held to include the words “City Councilwoman” or “City Councilperson” and “City Councilwomen” or “City Councilpersons”, wherever such inclusion would be proper. c. Wherever the term “Common Council” or “Board of Aldermen” may be used in this Charter or any amendment thereof, said terms shall mean “City Council.” d. Nothing herein contained shall in any manner affect or impair any legislation heretofore enacted by or other act of the Board of Aldermen or Common Council of this City.

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(As amended by L.L. 1927, No. 4; L.L. 1939, No. 5; L.L. 1972, No. 1; New York State Legislature, Ch. 694 of the Laws of 1981; L.L. 1982, No. 2) § 14. Appointive officers. There shall be appointed by the Mayor, to hold office during his pleasure, a Commissioner of Public Works, a Fire Commissioner, a Commissioner of Buildings, a Commissioner of Public Safety, a Corporation Counsel and as many Commissioners of Deeds as may be authorized by ordinance of the City Council. There shall also be appointed by the Mayor a Commissioner of Assessment and Taxation who shall hold office for a term of six years pursuant to § 1522 of the Real Property Tax Law. All matters relating to the qualifications, term of office, appointment and removal of the Commissioner of Assessment and Taxation shall be in accordance with § 1522 of the Real Property Tax Law. The term of office of the Commissioner of Assessment and Taxation shall commence on the first day of October 1971 and each sixth year thereafter. There shall also be appointed by the Mayor an Associate City Judge, who shall hold office for a term of two years. The term of office of the Associate City Judge shall commence on January 1, 1962, and thereafter on January 1 each succeeding two years. The Commissioner of Public Safety shall be a resident of the City of Mount Vernon and shall give his whole time to his duties and shall not accept any additional place of public trust or civil emolument. (As amended by L.L. 1928, No. 1; L.L. 1958, No. 1; L.L. 1961, No. 4; L.L. 1961, No. 54; L.L. 1968, No. 6; L.L. 1968, No. 10; L.L. 1969, No. 10; L.L. 1972, No. 5; L.L. 1985, No. 7) § 15. Qualifications. Every person elected or appointed to office shall possess qualifications prescribed by § 3 of the Public Officers Law. No person shall be eligible to the office of either Mayor or Comptroller or City Councilman or City Judge or County Legislator, unless he has been a resident elector of the City during a period of three years before such election. No person shall be eligible to the office of City Judge or Associate City Judge of the City Court of the City of Mount Vernon, unless he has been admitted to practice as an attorney and counsellor in the Supreme Court of the State of New York and has had at least five years’ active practice of his profession in the State of New York. No person shall be eligible to the office of Corporation Counsel unless he has been admitted to practice as an attorney and counsellor in the Supreme Court of the State of New York and has had at least three years’ active practice of his profession in the State of New York. No person shall be eligible to appointment as a Commissioner of Assessment and taxation who does not possess the qualifications established for Assessors by § 1522 of the Real Property Tax Law. No person shall be eligible to appointment to the office of the City Engineer unless he is a civil engineer of at least three years’ practical experience in his profession or a graduate of a technical school or college. (As amended by L.L. 1968, No. 6; L.L. 1968, No. 9; L.L. 1972, No. 5; L.L. 1980, No. 11; by the New York State Legislature, Chapter 694 of the Laws of 1981) § 16. Terms of office of elective officers.

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The term of office of an elective officer, unless elected to fill a vacancy, shall commence on the first day of January next succeeding his election. The terms of office of the Mayor, the Comptroller, the Councilmen and the City Judge shall be four years. All of the elective officers in office at the time of the passage of this Act, except as hereinafter provided, shall continue to hold their respective offices until the terms of office to which they have been elected as heretofore provided by law shall expire. The terms of office of the Receiver of Taxes, the City Treasurer, and the Assessors in office at the time of the passage of this Act, shall cease and determine on the 31st day of December, 1922. (As amended by L.L. 1972, No. 1) § 17. Vacancies. If a vacancy shall occur, otherwise than an expiration of term, in an elective office of the City, except those of the Mayor and the Councilman, the Mayor shall appoint a person to fill such vacancy. The person so appointed to such vacancy shall hold office until the commencement of the political year next succeeding the first annual election after the happening of the vacancy at which a successor can be elected, and a successor for the balance of the unexpired term, if any, shall be chosen at the next City election happening not less than sixty days after such vacancy occurs. (As amended by L.L. 1972, No. 1) § 18. Certificate of appointment. Every appointment to a City office must be made by a certificate in writing, signed by the appointing officer; or if made by a board, or the City Council, by the presiding officer thereof, and must be filed in the office of the City Clerk before the same becomes effective. (As amended by L.L. 1972, No. 1) § 19. Restrictions; officers not to be interested in contracts. No person shall at the same time, hold more than one City office. Upon the acceptance by a City officer of a second office the office first held by him shall thereupon become vacant. No member of the City Council or other officer or employee of the City, or person receiving a salary or compensation from funds appropriated by the City, shall be interested directly or indirectly in any contract to which the City is a party, either as principal, surety or otherwise; nor shall any such member of the City Council, City officer or employee or person, or his partner, or any agent, servant, or employee of such officer, employee or person, or of the firm of which he is a partner, purchase from or sell to the City, or any officer thereof, any real or personal property for the use of the City, or any board or officer thereof, nor shall he be interested directly or indirectly in any work to be performed for, or services rendered to or for it, or in any sale to or from said City, or to any officer, board or person in its behalf. Any contract made in violation of any of these provisions shall be void. A person shall not be deemed to be interested in a contract, purchase or sale made by a corporation with, from or to the City solely by reason of the fact that he is a stockholder or director of such corporation. The term “City officer” as used herein, however, shall not be deemed to include a Commissioner of Deeds. (As amended by L.L. 1972, No. 1) § 20. City elections.

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At the general election in the year 1923, there shall be elected by the electors of the City a Mayor for a term of four years, a Comptroller for a term of two years, a City Judge for a term of four years, three Councilmen for a term of two years, two Councilmen for a term of four years and County Legislators for a term of two years. At the general election to be held in the year 1925, there shall be elected by the electors of the City a Comptroller to hold office for a term of four years, three Councilmen to hold office for a term of four years, and County Legislators to hold office for a term of two years. At the general election to be held in the year 1927 and in each and every odd-numbered year thereafter, there shall be elected by the qualified electors of the City, officers to fill vacancies in elective offices. (As amended by L.L. 1927, No. 4; L.L. 1939, No. 5; L.L. 1972, No. 1) § 21. Fixed salaries. The annual salary of the Mayor shall be one hundred forty-three thousand dollars ($143,000.) and of the Comptroller one hundred twenty-eight thousand seven hundred dollars ($128,700.). The annual salary of a Councilmember shall be thirty-three thousand dollars ($33,000.), except that the Councilmember duly elected as President of the City Council shall receive, in addition to such salary as Councilmember, the further sum of three thousand five hundred dollars ($3,500.). Whenever there shall exist a vacancy in the office of the Mayor, by reason of death, resignation, disqualification or removal of the incumbent thereof, the President of the City Council, while acting as Mayor during such vacancy, shall be entitled to receive an amount equal to the salary of the Mayor, and the President Pro Tempore of the City Council, while acting as President of the City Council during the same period shall be entitled to receive an amount equal to the salary of the President of the City Council. Whenever there shall exist a vacancy in the office of the President of the City Council, but not in the office of the Mayor, the President Pro Tempore of the City Council shall be entitled to receive an amount equal to the salary of the President of the City Council while acting as President of the City Council during such vacancy. All such salaries shall be paid in installments as directed by the Board of Estimate and Contract. (As amended by L.L. 1925, No. 2; L.L. 1931, No. 3; L.L. 1939, No. 6; L.L. 1945, No. 2; L.L. 1949, No. 3; L.L. 1955, No. 3; L.L. 1959, No. 2; L.L. 1960, No. 13; L.L. 1966, No. 6; L.L. 1968, No. 11; L.L. 1969, No. 7; L.L. 1971, No. 1; L.L. 1972, No. 4; L.L. 1973, No. 2; L.L. 1974, No. 4; L.L. 1977, No. 1; L.L. 1979, No. 6; L.L. 1980, No. 11; L.L. 1981, No. 8; L.L. 1982, No. 1; L.L. 1983, No. 5; L.L. 1984, No. 2; L.L. 1985, No. 9; L.L. 1986, No. 2; L.L. 1987, No. 1; L.L. 1987, No. 4; L.L. 1988, No. 1; L.L. 1989, No. 1; L.L. 1999, No. 5; L.L. 2000, No. 1; L.L. 2004, No. 1; L.L. 2004, No. 2; L.L. 2007, No. 2; L.L. 2007, No. 3) (Cont’d on page C24.1)

§ 22. Additional allowances. No allowance or compensation, in addition to the salary or compensation prescribed by law or authorized by this chapter

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or otherwise by law, shall be paid to any officer or employee of the City or to any person paid out of City funds, nor shall any amount in excess of the sum payable under any contract be paid on account thereof. § 23. Additional fees or compensation not to be paid. No officer of the City, except the Marshals of the City Court, the Court Reporters of the City Court and Commissioners of Deeds, shall have or receive to his use any perquisites, compensation or fees for services pertaining directly or indirectly, or which may hereafter be added to the duties of his office, in addition to his salary; and all perquisites, compensation and fees paid to and received by any such officer for services pertaining directly or indirectly, or which may hereafter be added to the duties of his office, other than his salary received from the City, shall be the property of the City, and shall be paid by the officer receiving the same to the Comptroller. The compensation of all the officers, clerks and subordinates in the several departments shall not exceed in the aggregate the appropriation made by the Board of Estimate and Contract for that purpose. (As amended by L.L. 1961, No. 5; L.L. 1967, No. 3; L.L. 1980, No. 11) § 24. Official undertaking. The Comptroller, the First Deputy Comptroller and the Second Deputy Comptroller, and such other officers and employees as may be required so to do by ordinance of the City Council, before entering upon the duties of their respective offices or employment, shall each execute and file with the City Clerk an official undertaking in such penal sum as may be prescribed by the City Council. The City Council may also, in a proper case, require an undertaking of any officer, employee or person, in addition to that required by law. The Mayor shall examine the sufficiency of the proposed sureties of any officer, employee or person from whom an official undertaking is required and may require such sureties to be examined on oath as to their property qualifications and liabilities. The deposition of each surety shall be reduced to writing, subscribed by him, certified by the officer administering the oath and annexed to and filed with the undertaking. The City Council may by ordinance designate which officers and employees may be covered by a blanket undertaking from a duly authorized corporate surety in accordance with the provisions of Section 11 of the Public Officers Law. No person elected or appointed to a City office, or employed by the City shall enter upon or continue in the discharge of the duties of his office or employment until he shall have executed and filed with the City Clerk the official undertaking, if any, required to be given and the same shall have been approved as to its form and validity by the Corporation Counsel and as to the sufficiency of the sureties by the Mayor. All such undertakings shall be recorded in the office of the City Clerk. In case any City officer or employee, shall fail to file the required official undertaking, if an elective officer, within thirty days after receipt of his certificate of election, and if an appointive officer or employee within fifteen days after receipt of notice of his appointment, the office or position shall be deemed to be vacant and the vacancy shall be filled in the manner herein provided for the filling of a vacancy therein happening otherwise than by expiration of term. The official undertaking of a City officer or employee shall not be a lien upon real estate owned by him or the sureties on such undertaking.

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(As amended by L.L. 1964, No. 5; L.L. 1972, No. 1) § 25. Penalty for violation of duty. Any officer or employee who willfully violates or evades any provision of law, or of this chapter, or by culpable neglect of duty allows any public property to be lost to the City, shall be deemed guilty of a misdemeanor and, in addition to the penalties imposed by law, shall on conviction forfeit his office or employment. § 26. Elective officers removable by the Governor. The Mayor and Comptroller may be removed by the Governor in the same manner as a sheriff, except that the Governor may direct the inquiry provided by law to be conducted by the Attorney General. After charges have been received by the Governor, he may suspend the officer affected thereby for a period not exceeding sixty days pending the investigation. (As amended by L.L. 1980, No. 11) § 27. Removal of appointive officers and employees. Except as otherwise provided by law or herein otherwise specified, all appointive officers except the Commissioner of Assessment and Taxation, may be removed from office by the officer or board making the appointment. The Commissioner of Assessment and Taxation may be removed in accordance with the provisions of Section 1522 of the Real Property Tax Law. Whenever an appointive officer shall be removed from office, the officer or board making the appointment shall file with the City Clerk a written statement setting forth the fact of such removal. (As amended by L.L. 1958, No. 2; L.L. 1969, No. 8; L.L. 1972, No. 5) § 28. Removed officer not eligible for reelection or reappointment. An elective officer who has been removed from office under any provision of this chapter shall not be eligible for election to fill the vacancy caused by his removal. § 29. Officers trustees of public property. The City Council and the several members thereof, and all officers and employees of the City are hereby declared trustees of the property, funds and effects of the City respectively, so far as such property, funds and effects are or may be committed to their management or control, and every taxpayer residing in the City is hereby declared to be a cestui que trust in respect to the said property, funds and effects respectively; and any cotrustee or any cestui que trust shall be entitled as against said trustees and in regard to said property, funds and effects to all the rules, remedies and privileges provided by law for any cotrustee or cestui que trust, to prosecute and maintain an action to prevent waste and injury to any property, funds and estate held in trust; and such trustees are hereby made subject to all the duties and responsibilities imposed by law on trustees, and such duties and responsibilities may be enforced by the City or by any cotrustee or cestui que trust aforesaid. The remedies herein provided shall be in addition to those now provided by law. (See also L.L. 1960, No. 5.) (As amended by L.L. 1972. No. 1)

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§ 30. Annual report of departments; annual message. The several heads of departments, including the Commissioner of the Board of Water Supply, shall present to the Mayor annually, on or before the first day of February, a report of the proceedings of their respective departments and boards during the preceding calendar year. The Mayor shall transmit the same to the City Council with the annual message, which he is required to submit to the City Council; but nothing in this section contained shall be construed to relieve such heads of departments or boards from furnishing such other information as may be required by the Mayor or City Council at any time. (As amended by L.L. 1960, No. 8; L.L. 1972, No. 1) ARTICLE V City Council § 32. Legislative power of the City Council. The legislative power of the City, however conferred or possessed by it, during the first year after this Charter goes into effect, from January 1, 1923, to December 31, 1923, is vested in a City Council composed of the five members of the existing City Council, who were chosen for two-year terms at the general election held during the year 1921, and thereafter is vested in a City Council composed as hereinafter provided, and it has authority to enact ordinances, not inconsistent with law, for the government of the City and the management of its business, for the preservation of good order, peace and health, for the safety and welfare of its inhabitants and the protection and security of their property; and its authority, except as otherwise provided in this chapter or by law, is legislative only. (As amended by L.L. 1972, No. 1) § 33. Members; President; President pro tempore; organization. The City Councilmen of the City shall constitute the City Council thereof. The members of the City Council shall meet in the room provided for the purpose at eight o’clock in the evening of the second day of January 1923, and each year thereafter, or if that day be a Saturday, Sunday or a legal holiday, then on the next day, and organize. The City Council at its first meeting annually, or in case of a vacancy not otherwise filled as herein provided, at any subsequent meeting, shall elect from among its members a President of the City Council who shall preside at all meetings and discharge other duties as may be defined by ordinance of the City Council and otherwise by this chapter or by law, and a President pro tempore who shall have the power of the President of the City Council during the absence or disability of the President, while the President is acting as Mayor or during a vacancy in the office of President, and an Acting President pro tempore who shall have the power of the President pro tempore of the City Council during the absence or disability of the President pro tempore. The President of the City Council shall vote as a member of the City Council, and notwithstanding that he shall be acting as Mayor. The President pro tempore of the City Council shall also vote as a member of the City Council and the Acting President pro tempore shall likewise vote as a member of the City Council. The City Council shall also constitute and appoint such other officers and committees as may be needed for the execution of the powers herein and hereby granted to the City Council. (As amended by L.L. 1926, No. 1; L.L. 1927, No. 4; L.L. 1939, No. 5; L.L. 1961, No. 50; L.L. 1972, No. 1)

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§ 34. City Clerk; Deputy City Clerk. The City Council shall appoint to hold office a City Clerk and a Deputy City Clerk. The City Clerk and the Deputy City Clerk shall serve for terms of four (4) years. The City Clerk, and in his absence or disability, the Deputy City Clerk, shall attend the meetings of the City Council, keep a journal of its proceedings and discharge such other duties as may be prescribed by this Charter or by law or ordinance. The City Clerk shall appoint to hold office during his pleasure, except as otherwise provided by law, such subordinates as may be prescribed by the Board of Estimate and Contract. It shall be the duty of the said Clerk to transmit to the head of each department and Clerk of each board copies of all ordinances in any manner affecting any of the matters of which any such department or board shall have jurisdiction. He shall have the custody of the City Seal and shall be the clerk to all boards unless otherwise provided by law or by the Board of Estimate and Contract or by this chapter. The City Clerk shall serve as the Registrar of Vital Statistics and shall appoint, to hold office at his pleasure, a Deputy Registrar to act in his stead in case of his absence or inability. The City Clerk shall be ex officio, a Commissioner of Deeds. The City Clerk shall keep an accurate account of all moneys received and disbursed by him under or in pursuance of any provision of law or ordinance and shall deposit all his receipts daily to the credit of the City in one or more of the City depositories designated pursuant to law and shall report such receipts and disbursements monthly, in detail, and pay over the balance thereby shown to the Comptroller on or before the fifth day of every month. The City Clerk shall also act as Clerk of the Board of Estimate and Contract and shall keep a journal of all proceedings of the Board of Estimate and Contract and shall perform such additional duties as may be required by the Board of Estimate and Contract. (As amended by L.L. 1926, No. 3; L.L. 1932, No. 4; L.L. 1933, No. 3; L.L. 1972, No. 1; L.L. 1992, No. 6; L.L. 1994, No. 51) § 35. Meetings. The City Council shall hold regular meetings on the second and fourth Wednesdays of the months of September through June, inclusive; and the second Wednesday of the months of July and August. If these regular meeting days be holidays, then the Council shall meet on the next days; or if these regular meeting days be the eve of Thanksgiving, the eve of Christmas, the eve of Rosh Hashanah, the eve of Yom Kippur or New Year’s eve, then the Council shall meet on the preceding day. The Mayor, or the President of the City Council, or majority of its members, may call a special meeting of the City Council by causing a written notice thereof, specifying the objects of the meeting, to be served by the City Clerk upon each member personally at least six hours before the time fixed for such meeting or by mailing such notice special delivery, registered or certified mail, return receipt requested, directed to his place of residence or place of business at least twenty-four (24) hours before the time fixed for the meeting. (As amended by L.L. 1930, No. 4; L.L. 1961, No. 6; L.L. 1972, No. 1; L.L. 1981, No. 2; L.L. 1981, No. 4) § 36. Powers. The City Council shall determine the rules of its own proceedings and be the judge of the election, returns, and qualifications of its members. Its meetings shall _____________________________________________________________________________________________________________ 1. Editor’s Note: This local law provided for an effective date of January 1, 1995.

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be public and its records open to public inspection, and a majority of all its members shall constitute a quorum to do business. The City Council may compel the attendance of absent members at any meeting properly called, and may punish or expel a member for disorderly conduct, for a violation of its rules or for official misconduct, or declare his seat vacant by reason of absence, provided such absence has continued for a space of two months; but no expulsion shall take place and no vacancy on account of absence be declared except by a vote of a majority of all the members of the City Council nor until the delinquent member has had an opportunity to be heard in his defense. If a vacancy shall occur in the office of City Councilman, the City Council shall appoint a person to fill such vacancy. The term of office of the person so appointed shall be until the commencement of the political year next succeeding the first annual election after the happening of the vacancy, at which a successor can be elected, and a successor for the balance of the unexpired term, if any, shall be chosen at the next City election happening not less than twenty days after such vacancy occurs. All acts of the City Council shall be determined by a vote taken by a roll call of its members, and a statement of the choice of each member or the yeas and nays, if any, shall be entered upon the journal. (As amended by L.L. 1972, No. 1) § 36-a. Employment of special counsel. In any action, suit, or proceeding brought by or against the City Council, where the Corporation Counsel disqualifies himself or is disqualified, or his acting as counsel may involve a conflict of interest, the City Council may engage special counsel. The cost of retaining such special counsel shall constitute a charge upon the general funds of the City. (As added by L.L. 1961, No. 7; as amended by L.L. 1972, No. 1) § 37. Legislative acts. All the legislative acts of the City Council shall be by ordinance, and on the passage of every ordinance, the yeas and nays of the members voting thereon shall be entered in full on the journal. The passage of an ordinance shall require the affirmative vote of at least a majority of all the members of the City Council, except as otherwise provided by the Local Finance Law. Except by an affirmative vote of at least four members of the City Council, no ordinance shall be passed by the City Council on the same day on which it is introduced. (As amended by L. 1943, Ch. 710; L.L. 1953, No. 1; L.L. 1958, No. 4; L.L. 1961, No. 8; L.L. 1972, No. 1) § 38. Procedure after passage of ordinance. Every ordinance of the City Council shall be typewritten, printed or written and immediately after its passage shall be signed by the President of the City Council and attested by the Clerk. The Clerk shall thereafter present the same to the Mayor, noting the date of delivery to the Mayor. If the Mayor approves it, he shall sign it and return it to the Clerk, and the ordinance shall thereupon take effect. If he disapproves it, he shall return it to the Clerk with his objections stated in writing, and the Clerk shall present the same with such objections to the City Council at its next regular meeting. The City Council may, within thirty days thereafter, reconsider the same; if, after such consideration four-fifths of all the members of the City Council shall vote to pass the ordinance, the same shall take

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effect notwithstanding the objections of the Mayor, unless a greater number of members were necessary according to the provisions of this chapter for the original passage of the ordinance, in which case unless as many members as were requisite for the original passage of the ordinance shall vote to pass the ordinance it shall not take effect. If any ordinance shall not be returned by the Mayor to the Clerk within ten days after it shall have been presented to him, or if such ordinance shall be returned within such period without the Mayor’s approval or disapproval, the same shall take effect in like manner as if the Mayor had approved and signed it. If any ordinance presented to the Mayor contains several items of appropriation of money or embraces more than one distinct subject, the Mayor may approve the provisions relating to one or more items or one or more subjects and disapprove the others. In such case those items or subjects which he shall approve shall take effect and he shall append to the ordinance at the time of signing it a statement of the items or subjects which he disapproves and said items or subjects so disapproved shall not take effect. He shall return to the Clerk a copy of such statement and the items or subjects disapproved may be separately reconsidered by the City Council and shall only become effective if again passed by it as above provided. All the provisions of this section in relation to ordinances disapproved by the Mayor shall apply in cases in which he shall disapprove any item or subject contained in an ordinance appropriating money or embracing more than one distinct subject. In the event that the power to disapprove an ordinance is exercised by the Acting Mayor, and the City Council shall reconsider the same, as hereinbefore provided, upon three-fifths of all the members of the City Council voting to pass the ordinance, it shall take effect notwithstanding the objections of the Acting Mayor, unless a greater number of members shall be necessary according to the provisions of this Charter for the original passage of the ordinance, in which case as many members as were requisite for the original passage of the ordinance shall vote to pass the ordinance in order for it to take effect. (As amended by L.L. 1961, No. 9; L.L. 1977, No. 7) § 39. Record of ordinances. Every ordinance shall, upon its taking effect, be kept in the custody of the City Clerk. He shall photostat every such ordinance and such photostatic copy shall include the signature of the President of the City Council, the attestation of the City Clerk and the Mayor’s written approval; or in the event of the Mayor’s disapproval, a memorandum by the City Clerk of its passage over the Mayor’s veto; or in the event the ordinance took effect because of the Mayor’s failure to approve or to disapprove and return within ten days, then a memorandum to that effect. The photostatic copies thereof shall be kept chronologically, in annual bound volumes. A copy, certified by the City Clerk, shall be presumptive evidence of the passage of the ordinance and of the facts certified. (As amended by L.L. 1961, No. 10; L.L. 1972, No. 1) § 40. Administrative Code. The City Council may by ordinances not inconsistent with this chapter or with other laws of the state, regulate the powers and duties of the City officers and departments, such ordinances to be known as the “Administrative Code of the City of Mount Vernon”; but no ordinance shall be passed interfering with the exercise of the executive functions of the officers, departments, and boards of the City, as

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provided in this chapter or otherwise by law. The Council shall have power and it shall be its duty by ordinance to designate the different rooms and offices in City Hall, or in any building used as such, to be occupied by the various courts, officers, boards and departments of the City. (As amended by L.L. 1961, No. 11; L.L. 1972, No. 1) § 41. Special lighting districts. (Repealed by L.L. 1961, No. 37) § 42. Alteration of grades and names of streets. The grade of any street shall not be fixed or established except by ordinance of the City Council. The grade of a street heretofore or hereafter legally established shall not be changed, except by ordinance of the City Council, and except also upon compensation for damages done, to be ascertained in and by proceedings provided by law for ascertaining damages for lands taken for the opening of streets. The City Council shall have full power to change or alter, by ordinance, the name of any street, avenue, place or highway in the City of Mount Vernon, at any time, in the discretion of said City Council, and said ordinance may prescribe the period of time for which said ordinance shall be published in a newspaper published in the City of Mount Vernon. (As amended by L.L. 1927, No. 2; L.L. 1961, No. 12; L.L. 1972, No. 1) § 43. Apportionment of City’s expense of improvements. The City Council may, by ordinance approved by the Board of Estimate and Contract, fix and determine the amount and proportion of the expense which shall be borne by the City at large of any public improvement. The amount and proportion of the expense of such improvements which shall be borne by the City at large may be included in the budget and raised by tax the same as other general City charges. An amount sufficient to pay, when due, any bonds issued to finance the portion of such expense to be borne by the City at large, together with the accrued interest thereon, shall be included in the tax budget and raised by tax the same as other general City charges and such bonds as they mature, together with the interest thereon, shall be paid out of the moneys so raised by tax. The proportion of the expenses which is not borne by the City shall be assessed and charged upon the property affected by such improvement in the form and manner provided by law or ordinance. The words “public improvement” as used herein shall be deemed to refer to any one of the following: the laying out, opening, constructing, extending, widening, altering, straightening, altering of grade, grading, regrading, paving, surfacing, narrowing and discontinuing of public streets, the construction and altering of drains, gutters, crosswalks, sidewalks and curbs in the public streets, laying out, opening, enlarging, improving and ornamenting public squares and parks and acquiring the land necessary therefor; the constructing, reconstructing, extension and alteration of public sewers and drains within or without the limits of the City; constructing and altering of sewerage disposal works within and without the limits of the City; the construction of bridges, arches and culverts and the extension of mains and pipes and appurtenances for the supplying of water for public purposes and for private consumption; the construction, reconstruction, extension and enlargement of off-street parking spaces, lots, garages, or facilities, the construction of buildings, structures, garages, spaces or

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facilities for off-street parking purposes for the relief of traffic congestion and the acquisition of real property or any interest therein necessary for or incidental to the construction or operation of parking garages, parking spaces or parking facilities for such purpose; the purchase, installation and erection of streetlighting poles, lamps and equipment; the acquisition of real property, rights-of-way or any interest therein which may be required or necessary in connection with the construction of state arterial highways within the City limits as well as the cost of preparing any such real property so acquired for such public use. In any ordinance which shall provide that the whole or any portion of the expense of any such public improvement shall be assessed and charged upon the property benefited and affected by such improvement, the City Council may provide that the assessments shall be payable in one installment, or in equal annual installments not exceeding twenty years, but no provision shall be made for such payment in installments for a period beyond the probable usefulness of such improvement as provided by the Local Finance Law. (As amended by L. 1923, Ch. 617; L. 1943, Ch. 710; L.L. 1956, No. 3; L.L. 1965, No. 2; L.L. 1972, No. 1) § 43-a. Sidewalks on new streets. Hereafter whenever the City Council shall determine to regulate, grade, pave or otherwise improve any new street, avenue, highway or public place in the City of Mount Vernon, there shall be included in the plans and specifications therefor, and as part of said improvement, specifications for the construction of sidewalks on said new street or streets, avenue, highway or public place; the material, width, etc., of which said sidewalks shall be constructed, shall be specified in said specifications, and said sidewalks shall be constructed as a part of said improvement. The cost and expense of the construction of said sidewalks shall be apportioned, and assessed upon the several abutting properties at the same time, in the same manner, and with like effect as the cost and expense of said regulating, grading, paving or other improvement made on said new street or streets, avenue, highway or public place aforesaid, and as a part thereof. (As added by L.L. 1927, No. 3; as amended by L.L. 1972, No. 1) § 43-b. Public improvements in conjunction with state, federal or county governments. When a public improvement is undertaken through, by authority of, or in conjunction with the state, and/or federal and/or county governments, or any agency thereof, the City Council shall, by ordinance approved by the Board of Estimate and Contract, fix and determine the proportion, if any, of the cost and expense of such improvement to the City, to be borne by, assessed and charged upon the property affected by such improvement. The provisions of this chapter and of law pertaining to the form and manner of assessment, levy and collection of the cost and expense for local improvements, including interest thereon and review thereof, shall apply to the matters provided in this section. (As added by L.L. 1937, No. 3; as amended by L.L. 1972, No. 1) § 44. Discontinuance of streets. Whenever the City Council shall contemplate the discontinuance of any street, it shall cause a notice to be published for ten days in the official paper or papers of the

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City of its intention so to do and that all persons interested may be heard in reference thereto at a time stated in such notice. If it shall be determined to discontinue the street and any person shall claim to be damaged by such discontinuance, such alleged damages, unless agreed to by the Commissioner of Public Works and approved by the Board of Estimate and Contract, must be ascertained and determined in the manner provided by law for ascertaining damages for lands taken for the opening of streets. An ordinance discontinuing any street shall require the affirmative vote of the majority of all the members of the City Council. (As amended by L.L. 1972, No. 1) § 45. Designation of official papers; official printing. At the first meeting of the City Council for the purpose of organization, as provided herein, it shall designate not more than two newspapers published in the City to be the official paper or papers of the City. The City Council may, by a majority vote of all its members, determine to designate but one daily official paper, in which case it shall designate but one daily official paper, and the daily paper receiving the highest number of votes shall be the official paper for one year, and until a successor is designated. Such paper or papers shall have been published in the City of Mount Vernon for at least one year and shall have been entered as second class matter with the United States Post Office Department. Unless the City Council shall so determine to designate but one official paper, it shall designate two daily official papers, and each member shall be entitled to vote for but one paper, and the two papers having the highest number of votes shall be the official daily papers for one year and until a successor or successors shall be designated. Such official daily paper or papers shall publish such matters and in such form as shall be prescribed by statute or otherwise by general ordinance of the City Council. In case an official paper shall refuse or fail to act or perform as such, the City Council may in its discretion as hereinbefore provided, designate a successor. All bills and accounts for publication in daily official papers and all City printing and advertising shall be a City charge, and shall be paid by the Comptroller in the regular manner. The City Council may, by general ordinance, prescribe the form in which the proceedings and reports of the City officers, boards and departments shall be issued, and the printing and binding of the same shall be performed under contract awarded as in the case of other City contracts. (As amended by L.L. 1972, No. 1) § 46. Appropriations. No appropriations of money shall be made for any purpose except by ordinance specifying each item, the amount thereof, and the department or specific purpose for which the appropriation is made. § 47. Disposition of real estate; franchises. No ordinance shall be passed making or authorizing a sale or lease of City real estate or of any franchise belonging to or under the control of the City except by a four-fifths vote of all the members of the City Council. In case of a proposed sale or lease of real estate or of a franchise, the ordinance must provide for a disposition of the same at either a public auction to the highest bidder or through a private sale, and act to grant, for such consideration and upon such terms and conditions as the City Council may deem proper, any right, title and interest which the City may

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have in such real property. In the case of a sale by public auction to the highest bidder, such public auction shall be conducted under proper regulations as to the giving of security, and after the public notice published once each week for three weeks in the official paper or papers. A sale or lease of real estate or a franchise shall not be valid or take effect unless made as aforesaid and subsequently approved by the Board of Estimate and Contract. No franchise shall be granted or be operated for a period longer than fifty years. The City Council may, however, grant to the owner or lessee of an existing franchise, under which operations are being actually carried on, such additional rights or extensions in the street or streets in which the said franchise exists, upon such terms as the interests of the City may require, with or without an advertisement, as the City Council may determine; provided, however, that no such grant shall be operative unless approved by the Board of Estimate and Contract, and also by the Mayor. (As amended by L.L. 1972, No. 1; L.L. 2001, No. 2) § 47-a. Additional requirements and regulations regarding the sale of real estate. Sale of all City-owned real property, not needed for municipal use, at a price of five thousand dollars or less, shall be for a cash consideration. In the sale of all City-owned property, not needed for municipal use, where the price is in excess of five thousand dollars, the Comptroller, when so authorized by ordinance of the City Council and resolution of the Board of Estimate and Contract, may, and he hereby is authorized to, take in the name of the City a purchase money bond and mortgage in an amount not to exceed fifty percent of the sale price in excess of five thousand dollars on unimproved property and sixty percent of the sale price in excess of five thousand dollars on improved property. The balance of the principal sum shall be due and payable not more than five years from the closing of title, with interest payable quarter-annually at the then prevailing rate per annum, together with installment payments for reduction of the principal sum in an amount not less than six percent per annum on each quarter-annual interest date. Said purchase money bond and mortgage shall contain such other clauses and terms as are set forth in lending institutions’ or bank first mortgage and such other terms and conditions as fixed by ordinance of the City Council. Where the privilege of part payment by bond and mortgage is extended to and accepted by the purchaser, said purchaser shall pay the mortgage recording tax and recording fees and pay for and affix to such instruments any and all revenue stamps that may be necessary. In enforcing the lien of any such bond and mortgage the City shall have and be entitled to all the same rights and remedies as an individual or private corporation under the provisions of the Real Property Law and Civil Practice Act and the laws of the State of New York. The City shall have and be entitled to the same rights as an individual or private corporation to sell or assign any such bond and mortgage. The proceeds of the sale of any such property shall be applied as an offset against the cost of acquisition of the property represented by said taxes and assessments outstanding against said property on the date of acquisition; any excess shall revert to the general fund. (As added by L.L. 1945, No. 1; as amended by L.L. 1958, No. 6; L.L. 1961, No. 13; L.L. 1970, No. 1; L.L. 1972, No. 1)

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§ 47-b. Regulations regarding the sale of real estate with a price in excess of one million dollars. In the sale of all City-owned property, not needed for municipal use, where the price is in excess of one million dollars, the Comptroller, when so authorized by ordinance of the City Council and resolution of the Board of Estimate and Contract, may, and he hereby is authorized to, take in the name of the City a purchase money bond or note and mortgages in an amount equal to the purchase price. The principal sum shall be due and payable not more than five years from the closing of title, with interest payable annually at a negotiated rate per annum. Said purchase money bond or note and mortgages shall contain such other clauses and terms as are set forth in lending institutions or bank mortgages and such other terms and conditions as fixed by ordinance of the City Council. Where the privilege of part payment by bond or note and mortgages is extended to and accepted by the purchaser, said purchaser shall pay the mortgage recording tax and recording fees and pay for and affix to such instruments any and all revenue stamps that may be necessary. In enforcing the lien of any such bond or note and mortgages, the City shall have and be entitled to all the same rights and remedies as an individual or private corporation under the provisions of the Real Property Law and Civil Practice Act and the laws of the State of New York. The City shall have and be entitled to the same rights as an individual or private corporation to sell or assign any such bond or note and mortgages. The proceeds of the sale of any such property shall be applied as an offset against the cost of acquisition of the property represented by said taxes and assessments outstanding against said property on the date of acquisition; any excess shall revert to the general fund. (As added by L.L. 1983, No. 4) § 48. Election districts. The City Council shall, on or before the first day of July in each year, whenever necessary so to do, divide the City into election districts in accordance with provisions of the Election Law of the State of New York, as from time to time amended. (As amended by L.L. 1972. No. 1) § 49. Water rates. Whenever the City shall own and operate a system of waterworks the City Council shall by ordinance provide for the levy and collection of a frontage tax on real estate and establish the rates to be charged and paid annually for the supply of water in buildings, establishments, trades, and private houses and shall provide for the use of water meters in ascertaining the amounts to be charged for water supply service. (As amended by L.L. 1972, No. 1) § 50. Investigations of public officers and public affairs. The City Council shall have power to investigate all City officers, all departments and all public affairs of the City and shall have access to all records and papers kept by every City officer or department and shall have power to compel the attendance of witnesses and the production of books, papers or other evidence at any meeting of the City Council or of any committee thereof, and for that purpose may issue

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subpoenas to be signed by the President of the City Council. The expenses of all such investigations including, but not limited to, employment of special counsel in the event the Corporation Counsel is disqualified from serving, experts and stenographers, shall be and constitute a charge upon the general funds of the City. (As amended by L.L. 1935, No. 3; L. 1943, Ch. 710; L.L. 1961, No. 14; L.L. 1972, No. 1) (See also L.L. 1961, No. 7, § 36-a.) § 51. Penalties. Any member of the City Council who shall knowingly or unlawfully disregard any provision of law applicable to the members thereof, or who shall vote for any ordinance or measure in violation of law, or any appropriation unauthorized by law or in excess of the amount authorized by law, or for any illegal or injurious disposition of corporate property, rights or privileges, shall be guilty of a misdemeanor and liable to the punishment and penalty prescribed therefor, and every member voting in favor thereof shall be individually liable to refund the amount to the City at the suit of any taxpayer. (As amended by L.L. 1972, No. 1) § 52. Penalties for violation of ordinances. Notwithstanding any provision in the General Ordinances of the City of Mount Vernon to the contrary, no violation of a general ordinance shall be deemed a misdemeanor unless the acts or omissions constituting such violation shall constitute a misdemeanor under the Penal Law. Any person violating an ordinance of the City Council shall be guilty of an offense, and the City Council may provide therein or by general ordinance that any person guilty of such violation shall be liable to a fine which shall not exceed five thousand dollars ($5,000.) in amount, or to imprisonment not exceeding fifteen (15) days or to both such fine and imprisonment, or to pay to the City a penalty not exceeding twenty thousand dollars ($20,000.) to be recovered in a civil action. Each and every day such violation continues shall be deemed a separate and distinct violation. The City may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any ordinance of the City Council, notwithstanding that the ordinance may provide for such penalty for such violation. (As amended by L.L. 1956, No. 4; L.L. 1972, No. 1; L.L. 1980, No. 3; L.L. 1983, No. 2; L.L. 2002, No. 1; L.L. 2005, No. 1) ARTICLE VI Mayor § 60. Executive power. The executive power of the City is vested in the Mayor and in such executive officers and departments as are created by this Act or may be created by law. § 61. Vacancy in office of Mayor; Acting Mayor. a. Whenever there shall be a vacancy in the office of Mayor, or whenever by reason of illness or other disability or absence from the City, the Mayor shall be

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prevented from attending to the duties of the office of Mayor, or in the event of the absence of the Mayor from the City, the President of the City Council shall act as Mayor and possess all the powers of the Mayor during such period of disability or absence, except that it shall not be lawful for the President of the City Council when acting as Mayor in consequence of the disability or absence of the Mayor from the City to exercise any power of appointment or removal from office unless such disability or absence shall have continued for a period of sixty days. b. In the event of a vacancy in the office of President of the City Council or the President of the City Council shall be (Cont’d on page C42.1) unable to act as Mayor by reason of disability or absence from the City, the President pro tempore of the City Council shall act as Mayor during such vacancy, disability or absence; and whenever there shall be a vacancy in the office of President of the City Council and President pro tempore of the City Council or both such officials shall be unable to act as Mayor by reason of disability or absence from the City, the Acting President pro tempore of the City Council shall act as Mayor. In either such case, the powers, duties and limitations thereon hereinbefore set forth, and as otherwise provided by law, with respect to the President of the City Council acting as Mayor shall apply. c. In case of a vacancy in the office of Mayor, the President of the City Council or the President pro tempore of the City Council or the Acting President of the City Council, as the case may be, shall so act as Mayor until the successor to the Mayor shall assume office as hereinafter provided, notwithstanding that the term as President, President pro tempore or Acting President pro tempore may have expired, but shall not act as Mayor after his term of office as Councilman has expired. d. In case of a vacancy in the office of Mayor occurring on or after the first day of July and before September 20 of any year, it shall be filled at the general election held not less than forty-five days thereafter, unless otherwise provided by the Constitution, or unless previously filled at a special election. The term of office of the person so elected to the office of Mayor shall commence on the first day of January next following such annual election and shall continue for the remainder of the unexpired term. e. In case of such vacancy occurring prior to the first day of July in any year, or less than forty-five days prior to the next general election, it shall be filled at a special election directed by the City Council to be held on a business day ninety days after the vacancy shall occur, unless such day shall be a Saturday, Sunday, legal holiday or religious holiday, in which event said special election shall be held on the next business day. The term of office of the person elected to the office of Mayor at such special election shall commence on the day following that of his election and shall continue for the remainder of the unexpired term. The provisions of the Election Law of the State of New York pertaining to special elections shall apply. (As amended by L.L. 1926, No. 1; L.L. 1927, No. 4; L.L. 1939, No. 5; L.L. 1977, No. 8; L.L. 1978, No. 2)

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§ 62. Secretary and assistants. The Mayor shall appoint a Secretary and such other assistants as may be prescribed by the Board of Estimate and Contract. § 63. Duties of the Mayor; messages. It shall be the duty of the Mayor to see that the City officers and departments faithfully perform their duties; to maintain peace and good order within the City; to take care that the laws of the state and the ordinances of the City Council are executed and enforced within the City; to communicate by written message to the City Council at a regular meeting in March and at such other times as he may deem proper, a statement of the finances and general condition of the affairs of the City with such recommendations in relation thereto as he may deem proper; to give such information in relation to the same as the City Council may from time to time require; and to call a special meeting of the City Council whenever in his judgment it is required by public necessity. (As amended by L.L. 1960, No. 9; L.L. 1972, No. 1) § 64. Consultation with heads of departments; public hearings. The Mayor shall call together the heads of the City departments for consultation and advice upon the affairs of the City on the second Monday of each month, or in case that day shall fall upon a legal holiday, then on the day following, and at such other times as he may deem advisable and necessary. At such meetings he shall call upon the heads of the departments to submit to him such reports upon the subject matters under their control and management as he may deem proper. At such meetings, the Mayor shall receive complaints and suggestions made by residents of the City or owners of taxable property therein concerning the conduct of its administrative departments, the performance of public contracts, the preservation of public property, the construction, repair and maintenance of streets, the condition of public utilities, the care of parks, playgrounds and sidewalks, and the reform or improvement in efficiency of its departmental business methods, or any other matters relating to the welfare and good government of the City. He may grant public hearings upon such complaints and suggestions, and may in his discretion report to the City Council any of such complaints or suggestions and propose legislative action thereon. At such meetings rules and regulations shall be adopted for the harmonious, systematic and efficient administration of the affairs of the City, not inconsistent with law or ordinance. The Mayor’s Secretary shall be the clerk and keep the records of such meetings. (As amended by L.L. 1972, No. 1) § 65. Execution of deeds and contracts; signature of checks and warrants. The Mayor shall, on behalf of and in the name of the City of Mount Vernon, countersign all checks issued by the Comptroller, except checks issued to pay the principal of bonds, interest thereon, coupons thereof, and for compensation of employees of the Department of Public Works, and execute all deeds and contracts made by the City and shall cause to be affixed thereto the City seal. In countersigning all checks, the Mayor may use a facsimile signature device. (As amended by L. 1923, Ch. 617; L.L. 1961, No. 49)

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§ 66. Examination of books and accounts. The Mayor shall have authority to examine the books and papers of any elected or appointed officer, employee or department of the City at all times and as often as he may deem proper to appoint one or more competent persons to examine, without notice, the accounts of any City officer or department, and the money, securities and property belonging to the City in the possession or charge of any officer or department and to report the result of such examination to the City Council; and he may administer oaths to witnesses and take testimony in all cases relating to the affairs of the City and its officers and employees. In making such examination, he may issue subpoenas for the appearance of witnesses, including any officer of the City, elected or appointed, and for the production of books and papers. (As amended by L.L. 1961, No. 15; L.L. 1972, No. 1) § 67.

Additional powers and duties; special policemen.

The Mayor shall have such other powers and perform such other duties as may be prescribed in this chapter or by other laws of the state or by ordinance of the City Council not inconsistent with law. In case of riot, conflagration, enemy attack or other public emergency requiring it, the Mayor shall have power to appoint such number of special policemen as he may deem necessary to preserve the public peace. Such special policemen shall be under the sole control of the regularly appointed and constituted officers of the Police Department. They shall have the same power to make arrests as apply to peace officers. In case of riot, enemy attack or insurrection, he may take command of the whole police force. (As amended by L.L. 1961, No. 16; L.L. 1972, No. 1) ARTICLE VI-A Department of Management Services (As added by L.L. 1974, No. 1; as amended by L.L. 1978, No. 1; L.L. 1985, No. 6) § 68-a. Creation; Commissioner. There is hereby created a Department of Management Services. The head of such Department shall be the Commissioner, who shall be appointed by the Mayor to hold office during the pleasure of the Mayor. The Commissioner shall receive an annual salary to be fixed by the Board of Estimate and Contract. The Commissioner may appoint such subordinates as may be prescribed by the Board of Estimate and Contract. § 68-b. General powers and duties of the Commissioner. The Commissioner of the Department of Management Services shall have the following powers and duties, which shall be exercised and performed subject to the provisions of law:

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1.2 Facilitate and coordinate the planning and implementation of a data processing system for the City of Mount Vernon. 2. Advise and assist the Mayor, City Council, Board of Estimate and Contract and other departments. officials and agencies of the City with respect to the potential application of data processing systems and techniques to any and all operations of the City government in order to promote increased efficiency and economy. 3. Supervise, direct, coordinate, review and approve all electronic data processing work and services performed by or for the City of Mount Vernon, including but not limited to any and all systems’ specifications, systems’ analysis, programming and programming documentation, as well as the conversion, implementation and operation of all applications utilized by any board, department or agency of the City. 4. Confer with and advise the appropriate officials of the City government for the purpose of coordinating the most efficient use of the City’s data processing system. 5. Conduct continuous evaluations and studies of all unautomated City administrative functions and procedures for the purpose of formulating recommendations for possible future computer implementation and the setting of priorities therefor. 6. Evaluate and submit recommendations concerning any ancillary hardware equipment capable of being used to supplement or expand the City’s hardware equipment configuration. 7. Constantly monitor, evaluate and supervise the City’s data processing system and operations. 8. Supervise, direct and coordinate the comprehensive purchasing of supplies, materials and equipment for all City departments, and ensure that the procurement of such items complies with Article 5-A of the New York General Municipal Law and with any and all applicable federal, state and City statutes, rules and regulations. 9. Perform such other functions as may be necessary to effectively administer the powers and duties prescribed herein. (As amended by L.L. 1992, No. 4; L.L. No. 1995, No. 3) § 68-c. Advisory Board. There is hereby created an Advisory Board on Management Services, consisting of the Mayor, one member of the City Council (said member to be designated by a majority of the City Council), other than the President of the City Council, and the _____________________________________________________________________________________________________________ 2. Editor’s Note: Former Subsections 1 through 4 were repealed by L.L. No. 4-1992, which also provided for the redesignation of former Subsections 4 through 11 as Subsections 1 through 8, respectively.

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heads of all departments of the City. The Mayor shall be Chairman of the Board. Members shall serve without compensation. The Board shall assist and advise the Commissioner in his duties and functions. ARTICLE VI-B3 Office of the Inspector General (As added by L.L. No. 2008, No. 1) § 69. Office established; Inspector General. There is hereby created an Office of the Inspector General. The head of the office shall be an “Inspector General” who shall be appointed by the Mayor to hold office until the end of the term of the mayor by whom he or she was appointed and until his or her successor is appointed. The Inspector General shall receive an annual salary to be fixed by the Board of Estimate and Contract. The Inspector General may appoint a secretary, and shall appoint such other subordinates as may be prescribed by the Board of Estate and Contact. § 69-a. Qualifications of the Inspector General. The Inspector General shall be a person experienced in the investigation of 207-a claims, 207-c claims, workers compensation claims, disability claims, sick leave claims, pre-employment screening, medical investigations, and risk management possess thorough knowledge of municipal government operations, principles and practices of public administration, investigative techniques and procedures; and possess the ability to conduct and oversee audit, develop and enforce internal auditing controls, and keep confidential information received during the performance of duties. § 69-b. Powers and duties of the Inspector General. The Inspector General shall have the following powers and duties, which shall be exercised and performed subject to the provisions of law: (a) Receive and investigate complaints from any source, or upon his or her own initiative, concerning allegations of corruption, fraud, criminal activity, conflicts of interest or abuse in any covered agency; (b) Inform the heads of departments and/or agencies of such allegations and the progress of investigations related thereto, unless special circumstance require confidentiality; (c) Determine with respect to such allegation whether disciplinary action, civil or criminal prosecution, or further investigation by an appropriate federal, state or local agency is warranted, and to assist in such investigations; (d) Prepare and provide the Mayor, Comptroller, and City Council, simultaneously, written reports of such investigations, as appropriate and to the _____________________________________________________________________________________________________________ 3. Editor’s Note: Former Art. VI-B, Bureau of Intergovernmental Coordination, as added by L.L. 1976, No. 6, was repealed by L.L. No. 1977, No. 4.

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extent permitted by law, subject to redaction to protect the confidentiality of witnesses; (e) Prepare and release to the public written reports of such investigations, as appropriate and to the extent permitted by law, subject to redaction to protect the confidentiality of witnesses; (f) Review and examine periodically the policies and procedures of departments and/or agencies with regard to the prevention and detection of corruption, fraud, criminal activity, conflicts of interest or abuse; (g) Recommend remedial action to prevent or eliminate corruption, fraud, criminal activity, conflicts of interest or abuse in departments and/or respective agencies; (h) Establish programs for training City officers and employees regarding the prevention and elimination of corruption, fraud, criminal activity, conflicts of interest or abuse in departments and/or agencies; (i)

Subpoena and enforce the attendance of witnesses;

(j)

Administer oaths or affirmations and examine witnesses under oath;

(k) Require the production of any books and papers deemed relevant or material to any investigation, examination or review; (l) Notwithstanding any law to the contrary, examine and copy or remove documents or records of any kind prepared, maintained or held by any departments and/or agency; (m) Require any officer or employee in a covered agency to answer questions concerning any matter related to the performance of his or her official duties; (n) Monitor the implementation by departments and/or agencies of any recommendations made by the Office of the Inspector General; (o) Perform any other functions that are necessary or appropriate to fulfill the duties and responsibilities of office. § 69-c. Responsibilities of agencies, municipal officers and employees. (a) Every agency, municipal officer or employer shall promptly report to the Inspector General any information concerning corruption, fraud, criminal activity, conflicts of interest or abuse by another municipal officer or employee relating to his or her office or employment, or by a person having business dealings with a covered agency relating to those dealings. (b) The knowing failure of any officer or employee to so report, or refuse to answer questions, may be cause for removal from office or employment or other appropriate penalty. (c) Any officer or employee who acts pursuant to this subdivision by reporting to the Inspector General improper governmental action as defined in §

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75(b) of the Civil Service Law shall not be subject to dismissal, discipline or other adverse personnel action. (d) The head of any agency shall advise the Mayor within ninety days (90) of the issuance of a report by the inspector general as to the remedial action that the departments and/or agency has taken in response to any recommendation for such action contained in such report. ARTICLE VII Board of Estimate and Contract § 70. Personnel of the Board of Estimate and Contract. There shall be a Board of Estimate and Contract, which shall consist of the Mayor, the Comptroller, and the President of the City Council. Whenever the President of the City Council becomes Acting Mayor, the President pro tempore of the City Council shall be a member of the Board of Estimate and Contract. Whenever the President pro tempore of the City Council becomes Acting Mayor, the Acting President pro tempore of the City Council shall be a member of the Board of Estimate and Contract; when the Acting President pro tempore of the City Council becomes Acting Mayor, he shall be a member of the Board of Estimate and Contract. The Mayor shall be President of the Board. The City Clerk shall keep a journal of all proceedings thereof, and shall perform such additional duties as may be required by the Board, or by law or ordinance of the City Council. (As amended by L.L. 1961, No. 17; L.L. 1972, No. 1) § 71. Determination of positions and salaries. The Board of Estimate and Contract, except as otherwise provided by law, shall have authority to fix the salaries or compensation, and determine the positions and numbers of all City officers and employees of each office, board and department, including the officers and employees of the Board of Water Supply of the City of Mount Vernon. (As amended by L.L. 1960, No. 6) § 72. Designation of depositaries of City funds. The Board of Estimate and Contract before designating depositaries for any City funds, shall give reasonable notice to all incorporated banks and trust companies in the City and to such incorporated banks and trust companies in New York City or elsewhere within the State of New York as it shall deem advisable; said Board shall designate as depositaries of City funds one or more such banks or trust companies in the City and may, in its discretion, designate one or more in New York City or elsewhere within the State of New York. Not less than two depositaries shall be designated for the City funds and one or more for the sinking fund. (As amended by L.L. 1931, No. 1; L.L. 1938, No. 2) (See also L.L. 1960, No. ____.) § 73. Contracts.

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Except as otherwise provided by law, it shall be the duty of the Board of Estimate and Contract, after public notice and in accordance with regulations to be prescribed by general ordinance of the City Council, to let to the bidder whose bid is deemed by the Board of Estimate and Contract to be the most advantageous to the City and who will give security therefor all contracts for the performance of any public work involving an expenditure of more than twenty thousand dollars and all contracts for the supply of any material required by or for the use of any officer, board, body or department of the City involving an expenditure of more than ten thousand dollars unless, by ordinance of the City Council adopted by a vote of a majority of all the members and approved by the Board of Estimate and Contract, it is determined to be impracticable to procure such work or materials or both by contract, in which case said ordinance shall designate the officer, board or department to perform such work or purchase such materials. In case of public emergencies involving accident or other injury by which the heating or plumbing of any of the public buildings or any of the fire or waterworks apparatus shall become disabled, the Commissioner having jurisdiction thereof shall cause repairs thereto to be made without a letting by contract, upon filing with the Board of Estimate and Contract a certificate, approved by the Mayor, showing such emergency and the necessity for such repairs. In cases of public emergency where the peace, health, safety and welfare of the City’s inhabitants are involved, the City Council may, by ordinance adopted by a vote of a majority of its members and approved by the Board of Estimate and Contract, permit the waiver of bids and designate the officer, board or department to perform such work or purchase such materials as are necessary due to such public emergency. The Board shall have the power to reject all bids or proposals if, in its opinion, the lowest bid or proposal is excessive. The said notice shall describe the work and materials for which contracts will be let and the day and hour and place of the meeting of the Board at which proposals therefor will be opened. Specifications for the performance of any work and for the supply of any materials shall be prepared and set forth with sufficient detail to inform all persons proposing to bid therefor of the nature of the work to be done and of the materials to be supplied, and written or printed copies thereof shall be delivered to all applicants therefor. Every contract for a public improvement shall be based upon an estimate of the whole cost thereof, including all expenses incidental thereto and connected therewith, to be furnished by the proper officer, board or department having charge of such improvements. No bid or proposal shall be received or contract awarded, other than for a local improvement or work to be performed by the City which involves the construction or maintenance of any structure, erection, obstruction or excavation within, under, over, along or upon any street or public place within the City, unless the person to whom such contract shall be awarded shall have a franchise permitting the same. (As amended by L.L. 1948, No. 4; L.L. 1960, No. 12; L.L. 1968, No. 9; L.L. 1975, No. 1; L.L. 1979, No. 1; L.L. 1984, No. 1; L.L. 1992, No. 3) § 74. Proposals. No contract shall be let, except after the receipt of sealed bids or proposals therefor, and no bids or proposals shall be received at any time other than at a regular meeting of said Board and unless they conform to the rules of the Board and the general ordinances of the City Council. All bids or proposals must be endorsed by the title of the work or materials to which they related, and the name of the bidder and his residence or business address. It shall be the duty of each member of the Board to be present at the time and place mentioned in the public notice for the opening of bids or proposals, and such meetings shall be open to the public. After all

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the bids or proposals have been presented, but not until the time stated in the public notice for holding the meeting, all bids or proposals shall be opened by some member of the Board or by its clerk publicly and in the presence of the bidders and other persons there present, and an abstract of all of such bids or proposals, with the prices and security offered, shall be transcribed in a book kept for that purpose, without any change, correction or addition whatever. A majority of the Board need not be present when such bids or proposals are opened. The Board may reject all bids or proposals received at any meeting and advertise again for new bids or proposals to be received at another meeting as above described. No person submitting, or on whose behalf a bid or proposal is submitted, nor the principal or sureties on any bond or security accompanying the same shall have the right to withdraw or cancel any such bid, or proposal, or bond until the Board shall have awarded the contract for which such bid or proposal is made, and such contract shall have been duly executed. All proposals or bids submitted as provided in this chapter shall be accompanied by a certified check, cash or bid bond, for at least five per centum (5%) of the amount of such bid or proposal. Performance bonds are not required on any proposal on a purchase contract where the total contract is twentyfive thousand dollars ($25,000.), or less. (As amended by L.L. 1955, No. 4; L.L. 1962, No. 7; L.L. 1972, No. 1; L.L. 1988, No. 24) § 75. Contracts for paving. The City Council shall, by general ordinance, prescribe, approve, and adopt the kinds of material to be used in paving, repaving, repairing, surfacing or resurfacing the streets and public places of the City, and fix the standard of excellence and test required for each such material. Specifications for the performance of the work involved in such improvements with each kind of material so prescribed, approved and adopted shall be the standard construction specifications for like improvements with like materials adopted by the State of New York, Department of Public Works, on January 2, 1957, or as the same may hereafter be amended. The City Engineer shall prepare standard specifications in accordance with such ordinance for the performance of the work involved in such improvement with each kind of material so prescribed, approved and adopted therefor. Whenever the City Council shall determine to make any such improvement, and the proceedings provided by law as preliminary thereto shall have been taken, the Board of Estimate and Contract shall advertise for proposals for the furnishing of the materials and the performance of the work involved in such improvements, and specifications shall be prepared and proposals shall be invited pursuant to the provisions of the Charter, for the construction of such improvement with each kind of material so prescribed, approved and adopted by the City Council. In any case where the City Council shall determine that the expense of any such improvement is to be assessed against the properties abutting upon the street, or part thereof, to be improved, and more than one kind of material is prescribed in the ordering ordinance, thereby permitting the Board of Estimate and Contract to make a choice between alternate materials for the street pavement, or for the street curb, or for the sidewalk, then within one week after such proposals on alternate materials have been received and opened, the clerk of the Board of Estimate and Contract shall cause to be published in the official newspaper or papers for two successive days, exclusive of Sundays or holidays, a notice containing a summary statement of such proposals on alternate materials. A majority of the property owners, owning not less than one-third of the _____________________________________________________________________________________________________________ 4. Editor’s Note: Section 2 of this local law provided that it take effect according to § 24 of the Municipal Home Rule Law.

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feet front of property abutting on such street, exclusive of City property, may file with the Board of Estimate and Contract and with the City Council, not later than five days after the last publication of such summary statement, a petition or other writing, designating the kind of material desired by them to be used for the portion of the improvement for which proposals on alternate material have been received by the Board of Estimate and Contract. The City Council shall, not less than ten (10) days thereafter, hold a public hearing thereon. If after such public hearing, the material or materials designated by such owners be found advisable, suitable and satisfactory to the City Council it shall amend the ordering ordinance by directing such designated material to be used and shall eliminate other alternates and the Board of Estimate and Contract shall award the contract to a bidder who submitted a bid on the material so designated and whose bid is deemed to be the most advantageous to the City. Unless the City Council amends the ordering ordinance at the next succeeding legislative meeting following the date of such hearing such petition or petitions shall be deemed rejected and the alternate materials designated by the City Council in the ordering ordinance shall be the only ones considered and the Board of Estimate and Contract shall choose among the alternates and shall award the contract to the bidder whose bid shall be deemed the most advantageous to the City. (As amended by L.L. 1960, No. 15; L.L. 1961, No. 3; L.L. 1972, No. 1) § 76. Contracts for lighting. (Repealed by L.L. 1961, No. 38) § 77. Limitation on contracts and expenditures. (Repealed by L.L. 1961, No. 39) § 78. First departmental estimates. (Repealed by L.L. 1961, No. 40) § 79. Fiscal year; departmental estimates. The fiscal year of the City shall commence on the first day of January. On or before the thirty-first day of August thereafter in each year, all heads of departments, including the Commissioner of the Board of Water Supply of the City of Mount Vernon, New York, and officers empowered by law or by ordinance to control or authorize expenditures, shall furnish to the Mayor estimates in writing of the amount of expenditures for the next fiscal year in their respective departments and offices, including a statement of the salaries of their subordinates, which estimates the Mayor shall lay before the Board of Estimate and Contract at its first meeting thereafter, and the same shall be entered in all minutes. (As amended by L.L. 1933, No. 6; L.L. 1937, No. 2; L.L. 1957, No. 1; L.L. 1960, No. 10; L.L. 1963, No. 4; L.L. 1994, No. 1) § 80. The first annual estimate.

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No longer applicable. § 81. Annual estimates. (a) Not later than November twenty-third, and if that day falls on a Saturday, Sunday or legal holiday, then the next business day, but not sooner than two days after it holds a public hearing in relation thereto, the Board of Estimate and Contract shall complete and adopt an itemized statement in writing of the itemized revenue and expenditures of the City for the ensuing fiscal year, which statement shall be known as the annual estimate. (b) Before it adopts said annual estimate, the Board of Estimate and Contract shall give a public hearing to such persons as wish to be heard in relation thereto, which public hearing shall be held no later than November nineteenth, unless said date falls on a Saturday, Sunday or legal holiday in which event the public hearing shall be held on the next business day. (c) Notice of said public hearing together with a summary of the proposed estimate shall be published once in the official City newspaper no later than October 25, unless said date falls on a Saturday, Sunday or legal holiday, in which event said notice and summary of the proposed estimate shall be published on the following business day. Copies of the proposed estimate will be available for inspection by the public in the office of the City Clerk upon publication of the notice. (As amended by L.L. 1994, No. 2) (d) The estimated revenues shall contain an estimate of the probable revenues, which, in the judgment of the Board of Estimate and Contract, will be received by the City during the fiscal year, less the amount required to be deposited to the credit of the sinking fund, if any; a statement of the amount of the sinking fund, which, in the judgment of the Board of Estimate and Contract, is available and should be applied to the payment of the principal of any bonded indebtedness of the City falling due during the said fiscal year; and a statement of all unexpended balances, or estimated unexpended balance of the current fiscal year remaining to the credit of the City, or of any office, board or department thereof. The estimate of expenditures shall contain an estimate of the several amounts of money which the Board of Estimate and Contract deems necessary to provide for the expenses of conducting the business of the City in each board, department and office thereof and for the various purposes contemplated by this chapter and otherwise by law for the said fiscal year; to pay the principal and interest of any bonded or other indebtedness of the City falling due during the said fiscal year; and the amount of any judgments recovered against the City and payable during the said fiscal year. Immediately after said annual estimate shall have been adopted, the Board of Estimate and Contract shall submit the same in final form to the City Council with a statement in writing of such reasons for such estimate as it may deem proper, by filing same with the City Clerk. The City Council shall, as soon thereafter as may be possible, convene and consider said estimate. It shall give a public hearing to such persons as wish to be heard in reference thereto. After such hearing and on or before December fifth, the City Council shall adopt such estimate so submitted or shall diminish or reject any items therein contained and adopt said estimate as so amended. The City Council shall not have the power to diminish or reject any item which relates to salaries, the indebtedness or estimated revenues, or the sums estimated as necessary to pay the tax to be levied within the City for state and county purposes, or the sums lawfully payable within said fiscal year upon

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judgments; nor shall the City Council have the power to increase any item for any purpose contained in said estimate. (e) The said annual estimate shall be arranged so to give in a parallel column the respective budget appropriations for the various items of expense and the other purposes contained therein for the current fiscal year. (f) There shall be no combination or grouping of items in any one code but each item shall be separately and distinctly set forth with the appropriation therefor. (g) The said annual estimate shall have appended thereto supplementary reports reflecting the financial status of each federal, state or county program and/or project to be submitted by the Director of each such program and/or project in which the City or any agency, department, board or commission thereof is a participant, including therein a schedule of all funds received and appropriated by the City under each said program and/or project, and a general statement of the purposes for which such funds have been allocated and expended, and the amount of funds remaining in each account and to be received by the City for each such program and/or project. (h) Upon request of the City Council, department heads shall be required to attend meetings of the City Council or of any committee thereof, in relation to the proposed appropriations in the annual estimate for the department of which he is the head. (i) The said annual estimate shall have appended thereto a statement setting forth the total net indebtedness of the City as of September 30 of the current year, which said statement shall include a schedule of the bonds, notes, or other evidences of indebtedness of the City, the date such obligations were authorized, the type and amount of such obligations, the amount outstanding and the object or purpose for which such obligations were authorized. (j) Any vacant position for which a salary appropriation is indicated shall be appropriately marked to reflect such vacancy. (k) The said annual estimate shall separately and distinctly set forth by department, board, agency or commission all revenues received in the form of fees or charges. (As amended by L.L. 1967, No. 4; L.L. 1970, No. 3; L.L. 1971, No. 2; L.L. 1975, No. 3; L.L. 1976, No. 2; L.L. 1982, No. 3) § 81-a. Supplemental tax budget for year 1934. (Repealed by L.L. 1961, No. 41) § 82. Estimate of parking revenues. The estimate of expenditures shall contain an estimate of the several amounts of money which the Board of Estimate and Contract deems necessary to provide for the expense of operating, maintaining, repairing and supervising of parking meters

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and municipal parking lots, including the cost of the collection of coins from the meters. The estimated revenues shall contain an estimate of the probable revenues, which, in the judgment of the Board of Estimate and Contract, will be received by the City during the fiscal year from the collection of coins from parking meters and from the collection of fees from parking lots. The annual estimate shall also provide for an appropriation of the estimate net earnings from parking meters and parking lots, being the difference between the revenues as estimated from such sources and cost of maintenance of such parking meters and parking lots as estimated and set forth in the preceding paragraph, to be contributed and transferred annually from the budget funds to a special fund to be known as the “Traffic Improvement Fund,” to be devoted solely to the improvement of parking and traffic facilities, including the purchase of parking lots and facilities for off-street parking. No expenditure from the said special fund shall be made except upon the authorization of the City Council by ordinances duly adopted. The estimate of revenues shall also contain an estimate of the probable revenues, which, in the judgment of the Board of Estimate and Contract will be received by the City during the fiscal year from the collection of street opening fees, and the estimate of expenditures shall contain, an estimate of the amount of money which the Board of Estimate and Contract deems necessary to provide for the expense of repairing and repaving the street areas that have been opened pursuant to street opening permits. (As added by L.L. 1951, No. 2; as amended by L.L. 1953, No. 2; L.L. 1957, No. 3; L.L. 1961, No. 19; L.L. 1972, No. 1) § 83. Tax budget. The amount of estimated expenditures contained in the annual estimate adopted by the City Council, less the amount of estimated revenues applicable to the payment thereof, and the amount of all judgments payable prior to the tax levy, shall constitute the tax budget. (As amended by L.L. 1972, No. 1) § 84. First annual appropriations. When the City Council shall have adopted the first annual estimate as provided in § 81 of this chapter, the same shall be entered at large in its minutes and become a part of its proceedings. The several sums estimated for expenditures therein shall be and become appropriated in the amounts and for the several departments, officers and purposes as therein specified for the ensuing fiscal year. The several sums therein enumerated as estimated revenues and the moneys necessary to be raised by tax in addition thereto to pay the expenses of conducting the business of the City and for the purposes contemplated by this chapter and otherwise by law, shall be and become applicable in the amounts therein named for the purpose of meeting said appropriations. In case the revenues received by the City exceed the amount of such revenues named in such first annual estimate, or in case there remain any unexpended balances of appropriations made for the support of the City government or for any other purpose, then such surplus revenues or such unexpended balances shall, except as otherwise provided by law, remain on deposit and be included as a part of the estimated revenues for the succeeding year. Nothing herein contained shall prevent the transfer prior to the close of the fiscal year of unexpended balances from one department, officer or purpose to another

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department, officer or purpose provided such transfer be authorized by resolution duly adopted by the Board of Estimate and Contract and by the City Council. (As amended by L.L. 1972, No. 1) § 85. Annual appropriations. When the City Council shall have adopted the final estimates of the Board of Estimate and Contract, or said estimate as amended by it, the same shall be entered at large in its minutes and become a part of its proceedings. The several sums estimated for expenditures herein shall be and become appropriated in the amounts and for the several departments, officers and purposes as therein specified for the said fiscal year. The several sums therein enumerated as estimated revenues and the moneys necessary to be raised by tax in addition thereto to pay the expenses of conducting the business of the City and for the purposes contemplated by this chapter and otherwise by law, shall be and become applicable in the amounts therein named for the purpose of meeting said appropriations. In case the revenues received by the City exceed the amount of such revenues named in said annual estimate, or in case there remain any unexpended balances of appropriations made for the support of the City government or for any other purpose, then such surplus revenues or such unexpended balances shall, except as otherwise provided by law, remain upon deposit and be included as a part of the estimated revenues for the succeeding year. However, if the City Council and the Board of Estimate and Contract shall authorize the Comptroller to borrow upon a budget note, the Comptroller may, in his discretion, withdraw funds from such surplus revenues or such unexpended balances, if there be any, rather than borrowing upon a budget note and use the funds for the purpose for which the budget note was authorized. Nothing herein contained shall prevent the transfer prior to the close of the fiscal year of unexpended balances from one department, officer or purpose to another department, officer or purpose provided such transfer be authorized by resolution duly adopted by the Board of Estimate and Contract and by the City Council. (As amended by L.L. 1957, No. 4; L.L. 1972, No. 1) § 85-a. Reserve for delinquent taxes. It is hereby provided that a reserve for delinquent taxes be established from the current fund surplus and is confirmed in the amount appearing as such on the books of the Comptroller as of December 31, 1946. The reserve for delinquent taxes herein established and confirmed shall consist of uncollected outstanding delinquent taxes, properties owned by the City acquired by foreclosure proceedings, mortgages receivable and cash realized therefrom. Said reserve for delinquent taxes may not be impaired or reduced in any way except by authorized cancellation of delinquent taxes erroneously levied or by net losses sustained in the disposal by sale of properties foreclosed for nonpayment of taxes. The reserve hereby established is to provide a working fund of tangible resources by which may be accumulated a cash reserve equal to four percent (4%) of the current fiscal year’s taxes to finance temporarily the year and delinquency of currently levied taxes. It shall be the duty of the Comptroller and he is hereby directed to prepare and submit in writing to the Board of Estimate and Contract, not later than the fifteenth day of October of each year, a valuation of the said reserve for delinquent taxes as of the thirtieth day of September of the same year, setting forth the tangible resources of the reserve as of the valuation date, for the purpose of

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ascertaining the amount of cash accumulated in the reserve which may be applied to the reduction of the budget for the next succeeding tax year as an unexpended balance in accordance with the provisions of § 84 and to restrict the use of such accumulated cash. (As amended by L.L. No. 1994, No. 3) Whenever at such date, the Comptroller has reported the amount of cash available in the reserve for delinquent taxes to be in excess of four percent (4%) of the total real estate taxes levied in the City for all purposes for the current fiscal year and the total amount of any loans or notes outstanding issued in anticipation of the collection of taxes, the amount of the excess shall be declared by the Board of Estimate and Contract to be available for the reduction of the budget being prepared for the next fiscal year. The excess cash available in the reserve so declared must be appropriated by resolution of the Board of Estimate and Contract which shall set forth that such amount is to be deducted from the tentative tax levy for the next succeeding year as an amount declared available in the reserve for delinquent taxes for the reduction of such tax levy and not as surplus revenue or operating surplus. (As added by L.L. 1947, No. 1; as amended by L.L. 1957, No. 5; L.L. 1960, No. 11; L.L. 1961, No. 20; L.L. 1985, No. 1) § 85-b. Roll call of votes. All acts of the Board of Estimate and Contract shall be determined by a roll call of its members, and a statement of the choice of each member of the yeas and nays, if any, shall be recorded by the City Clerk. (As added by L.L. 1961, No. 21) ARTICLE VII-A Capital Projects Board § 86-a. Definitions. As used in this Article the term “capital project” shall mean: (a) any physical public improvement or betterment, or any preliminary studies, surveys or plans relative thereto; (b) the acquisition of property of a permanent nature; (c) the purchase of equipment for any public improvement or betterment when first erected or acquired; and (d) the allocation of reserve funds for acquisition of vehicles and major equipment for all departments. The term “pending” shall mean appropriated, reserved or authorized but not yet completed. (As added by L.L. 1957, No. 6) § 86-b. Capital Projects Board. The Mayor shall appoint five persons as members of the Capital Projects Board, including the Comptroller and City Engineer ex officio, a member of the Planning Board and two City Councilmen. The Mayor shall appoint one of said Councilmen as the Chairman of the Board. The appointment of each member or in case his term of office shall expire, of his successor, shall be for a term expiring at the end of the term of the Mayor. Vacancies in such Board occurring otherwise than by expiration of term shall be filled for the unexpired term. The members of the Board shall choose from their number a Vice Chairman and a Secretary. The ex officio members of the Board shall serve without additional compensation and the other members

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shall serve without pay for their services rendered pursuant to this Article, but all members shall be allowed their actual and necessary expenses incurred in the performance of their duties under this Article. The powers of the Board shall be vested in and be exercised by a majority of the members of the Board then in office. (As added by L.L. 1957, No. 6; as amended by L.L. 1972, No. 1) § 86-c. Estimates and reports of City departments and agencies. Not later than the first day of September in each year all heads of departments, officers and other agencies of the City shall submit to the Board of Estimate and Contract and to the Capital Projects Board, on forms to be supplied by the latter Board: (a) estimates and details of their capital project expenditures proposed for the ensuing fiscal year; (b) detailed reports of all pending capital projects; (c) recommendations for new undertakings within the six succeeding fiscal years; and (d) any other information deemed pertinent by the said Capital Projects Board. Said heads of departments, officers and agencies shall have the right, and it shall be their duty, when requested by either of the said Boards, to appear and be heard. The said Boards may consult with the Board of Education of the City School District of the City of Mount Vernon in order to consider and correlate their respective capital project programs insofar as may be practicable. (As added by L.L. 1957, No. 6; as amended by L.L. 1964, No. 1) § 86-d. Board recommendations. Not later than the 15th day of October in each year, the Board shall submit its report and recommendations to the Board of Estimate and Contract of new capital projects for the City to be included in the budget of the City for the ensuing fiscal year. In addition, the Board shall report and recommend with respect to any changes or specifications or other disposition of pending projects. (As added by L.L. 1957, No. 6; as amended by L.L. 1961, No. 57) ARTICLE VIII Department of Finance § 90. Comptroller; deputies; subordinates. The Comptroller shall be the head of the Department of Finance. He shall appoint, to hold office during his pleasure, except as otherwise provided by law, a First Deputy Comptroller, who shall be an accountant and shall have had at least three years experience as a bookkeeper, a Second Deputy Comptroller and such other subordinates as may be prescribed by the Board of Estimate and Contract. The Comptroller shall define the duties of the Deputies, and may delegate to them any of his powers except that of appointment and transfer. In the event of the absence or disability of the Comptroller, or of a vacancy in the office, the First Deputy Comptroller shall discharge the duties of the office until the Comptroller returns, his disability ceases or the vacancy is filled, as the case may be. In the event of the absence or disability of both the Comptroller and the First Deputy Comptroller, or of a vacancy in both offices, the Second Deputy Comptroller shall discharge the duties of the office of Comptroller until either the Comptroller or the First Deputy returns, one or both such disabilities cease, or either or both said vacancies are filled, as the case may be. (As amended by L.L. 1936, No. 2)

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§ 91. Duties of the Comptroller. The Comptroller shall superintend the financial affairs of the City and manage the same pursuant to law and ordinances of the City Council. He shall keep a separate account with every department, and with each improvement for which funds are appropriated or raised by tax or assessment. No warrant shall be drawn by him for the payment of any claim against or obligation of the City unless it states particularly against which of such funds it was drawn. No fund shall be overdrawn nor shall any warrant be drawn against one fund or appropriation to pay a claim chargeable to another. The Comptroller shall demand, collect, receive and have the care and custody of and shall disburse all moneys belonging to or due the City from every source, except as otherwise provided by law. The amount of taxes directed by the County Legislators to be levied in the City for state and county purposes shall be paid pursuant to law. The Comptroller shall deposit daily to the credit of the City all moneys of the City received by him in such banks or trust companies as shall be designated by the Board of Estimate and Contract. The interest upon all deposits shall be the property of the City and shall be accounted for and credited to the appropriate fund. No money shall be drawn from a City depositary except on check or draft signed by the Comptroller or the Deputy Comptroller and made payable to the person entitled to receive the same. In the absence of the Comptroller and Deputy Comptroller such checks or drafts may be signed by an employee of the Department of Finance who shall be designated by the Comptroller by certificate filed in duplicate with the City Clerk and the several City depositaries. Every such certificate shall remain in effect until revoked by a like certificate filed in like manner. Every check or draft against the City funds shall bear reference to the claim or demand in payment of which it is issued. The Comptroller shall perform such other duties as may from time to time be prescribed by law, or by ordinance of the City Council, not inconsistent with the provisions of this chapter, or the laws of the state. (As amended by L.L. 1926, No. 4; L.L. 1930, No. 2; L.L. 1961, No. 22; L.L. 1972, No. 1) § 91-a. Further duties of the Comptroller. The Comptroller shall review, administer and coordinate all risk management through the identification of exposures, loss prevention, risk evaluation and make recommendations to the Mayor and City Council regarding risk control and risk financing. He shall review all existing insurance coverage and, in conjunction with risk management responsibilities, advise and assist the Mayor and City Council in the selection of types of insurance if any, and to assist and advise the Mayor, City Council, Board of Estimate and Contract and other departments, officials and agencies of the City with respect to municipal insurance. The Comptroller shall also assist in claims investigation and preparation of matters for court cases and/or negotiated settlements in conjunction with the Department of Law and/or retained counsel. The Comptroller shall formulate and prescribe a system of keeping accounts in the several City departments, and changes therein, and from time to time, whenever he shall deem it necessary, direct in writing the installing of such system, or change therein, by any one or more of the City departments. Any department head or subordinate who shall refuse or willfully neglect to comply with such

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written direction of the Comptroller within such reasonable time as the Comptroller may prescribe shall be guilty of an offense. The Comptroller may, however, extend such prescribed time as may be reasonable and necessary. He shall make periodic audits, whenever he shall deem it necessary, of the accounts of all departments and administrative officials and shall make or cause to be made at least once in each year a complete audit of the accounts of all departments and administrative officials to include tax ledgers and related records. Reports of such audit shall be submitted to both the City Council and the Board of Estimate and Contract not later than the 30th day of June in each year. For the purpose of making effective the foregoing powers, all the books, vouchers and records in the administrative departments shall at all times be kept accessible to the Comptroller for his inspection, investigation and examination. Whenever the Comptroller shall deem it necessary he shall have the power to administer an oath and require the testimony of any official or employee relating to the accounts of any department, and every officer and employee of the City shall upon request of the Comptroller appear before him for examination and answer any questions relative to such departmental accounts. The powers conferred upon the Comptroller under this section may, upon his designation in writing, be exercised by any officer or employee in the Department of Finance. The Comptroller shall purchase and be responsible for the proper receipt of all materials and supplies upon reasonable proof of delivery of same, including those on which bids are obtained after publication of notice pursuant to law, unless the City Council shall otherwise provide, as well as those purchased without the requirements of competitive bidding, for all of the departments, boards, bureaus and offices of the City. The City Council shall make rules and regulations not inconsistent with the general laws of the state, prescribing the procedure, conditions, methods and practices that shall prevail in regard to all purchases of materials and supplies. Until otherwise provided, all laws and ordinances now in effect relating to the duties of the purchasing agent and regulating the conduct of his department shall apply to the Comptroller so far as applicable thereto. The Comptroller may sell under the direction of the Board of Estimate and Contract, all property, real and personal, belonging to the City, not needed for public use, and authorized to be sold. The Comptroller shall have charge of such storerooms and other warehouses of the City as the City Council may by ordinance establish for the storage and safekeeping of City property. (As added by L.L. 1932, No. 1; as amended by L.L. 1933, No. 2; L.L. 1933, No. 7; L.L. 1961, No. 23; L.L. 1966, No. 5; L.L. 1972, No. 6; L.L. 1992, No. 5) § 92. Claims against the City. No claim against the City, except for a fixed salary, for the principal or interest on a bonded or funded debt or other loan, or for the regular or stated compensation

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of officers or employees in any City department, or for work performed or materials furnished under contract with the City, shall be paid, unless a claim therefor, certified by or on behalf of the claimant, approved by the purchasing agent or by the head of the department or officer whose action gave rise or origin to the claim, shall have been presented to the Comptroller, and shall have been audited and allowed by him. The Comptroller shall cause each such claim, upon presentation to him for audit, to be numbered consecutively and the number, date of presentation, name of claimant and brief statement of character of each claim shall be entered in a book kept for such purpose, which shall at all times during office hours be so placed as to be convenient for public inspection and examination. No claim shall be audited or paid until at least five days have elapsed after its presentation to the Comptroller, and the Comptroller shall not be required to audit a claim until two weeks have expired after the expiration of such period of five days. The Comptroller is authorized, in considering a claim, to require any person presenting the same for audit to be sworn before him touching the justness and accuracy of such claim, and to take evidence and examine witnesses in reference to the claim, and for that purpose he may issue subpoenas for the attendance of witnesses. If the claimant be dissatisfied with the audit, he may appeal to the Board of Estimate and Contract by serving notice of appeal in writing upon the Comptroller and the City Council at any time before the first regular meeting of the City Council that is held after he received the Comptroller’s audit. If the City Council or any taxpayer be dissatisfied with the audit, it or he may appeal to the same Board on behalf of the City, in like manner, by serving notice of appeal upon the claimants, and the Comptroller within ten days after the meeting of the City Council at which such claims shall have been reported by the Comptroller. The Board of Estimate and Contract shall make rules for the procedure upon the hearing of such appeals, and the decision and audit of that Board, after the hearing upon the appeal to it, shall be final and conclusive as to the amount of the claim; but if there be no appeal from the original audit it shall in like manner be final and conclusive. The Comptroller and the Board of Estimate and Contract upon an appeal to it, as herein provided, shall have authority to take evidence and examine witnesses in reference to the claim and for that purpose may issue subpoenas for the attendance of witnesses; and the Comptroller and each member of the Board of Estimate and Contract is hereby declared to be ex officio a Commissioner of Deeds. When a claim has been finally audited by the Comptroller he shall endorse thereon or attach thereto his certificate as to such audit, and the same shall thereupon be filed in and remain a public record in his office. If any person shall present to the Comptroller for audit a claim in the name of any person or firm other than that of the actual claimant, he shall be guilty of a misdemeanor. (As amended by L.L. 1976, No. 4) § 93. Custody and management of sinking fund. The Comptroller shall have under the direction of the Board of Estimate and Contract, the custody, investment and management of any sinking funds provided for the payment or redemption of City debts. Sinking funds shall be invested only in such securities as are approved by the New York State Banking Law. All existing sinking funds are hereby continued. § 94. Amount included in annual budget for state and county purposes; disposition of surpluses resulting therefrom. (Repealed by L.L. 1976, No. 5)

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§ 95. Authorizations of issuance of bonds and notes. Whenever the Finance Board, as that term is defined in Section 2.00 of the Local Finance Law, shall authorize the issuance of bonds or notes, it shall do so by ordinance. (As amended by L. 1943, Ch. 710) § 95-a. Mandatory referendum on bond ordinance. Any bond ordinance adopted by the City Council and approved by the Mayor and Board of Estimate and Contract authorizing the issuance of bonds in an amount in excess of seven hundred fifty thousand ($750,000) dollars, other than bonds hereinafter expressly accepted, shall not become effective, until it shall be submitted to the qualified electors of the City at a general or special election, and approved by a majority of the votes cast on the proposition of the approval or disapproval of such ordinance. To be qualified to vote at such election, a person must have the qualifications of a voter as prescribed by the Election Law of the State of New York. The City Council shall by ordinance determine the date of such election, the hours of opening and closing of the polls and shall cause a notice of such election to be published by the City Clerk in the official City newspaper twice a week in each of the three calendar weeks before such election. Such notice shall also contain an abstract of the bond ordinance concisely stating the purpose and effect thereof. Such election shall be held at the regularly designated polling places of the City of Mount Vernon, by and under the supervision of the City Clerk. If the City Council shall call for such an election at a time other than the day of a general election, the inspectors of election of the various election districts in the City shall meet in their respective districts in accordance with the provisions of Election Law of the State of New York. In all respects not inconsistent with this local law, the provisions of the Election Law of the State of New York shall apply to any election hereunder. The provisions of this local law shall not apply to bond ordinances authorizing the issuance of refunding bonds or bonds for the payment of judgments, or compromised or settled claims against the City, or awards or sums payable by the City pursuant to a determination by a court, or an officer, body or agency acting in an administrative or quasi-judicial capacity, or to bond ordinances authorizing the issuance of bonds in conjunction with programs financed in whole or in part, by advance, loan, grant and/or subsidy by the federal and/or state governments, or for the purpose of making capital improvements, constructing and improving community facilities, and/or otherwise developing and redeveloping property which is contiguous with, adjacent to or intended to service an area being improved or otherwise developed and redeveloped as part of a program financed in whole or in part by such advance, loan, subsidy and/or grant. (As added by L.L. 1949, No. 1; as amended by L.L. 1956, No. 2; L.L. 1961, No. 52; L.L. 1972, No. 1) § 97. Annual financial statement. The Comptroller shall, within ninety days after the close of each fiscal year, prepare and publish in book or pamphlet form a full and accurate statement in

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detail of the financial condition of the City in the form and manner prescribed by the State Comptroller. (As amended by L.L. 1961, No. 24) § 98. Debt limit. No debt shall be contracted by the City if the amount thereof together with the then outstanding debts of the City would exceed a sum equal to seven per centum of the average assessed valuation of the real property within its bounds subject to taxation, as determined by averaging the assessed valuation of such real property in the last completed assessment roll and the four preceding assessment rolls of the City, except that (1) debts incurred to provide for the supply of water and (2) bonds, notes or other evidences of indebtedness issued in anticipation of the collection of taxes shall not be included in ascertaining the power of the City to become otherwise indebted. This section shall not be construed to prevent the issuing of bonds, notes or other evidences of indebtedness issued in anticipation of the collection of taxes for amounts actually contained or to be contained in the taxes for the year in which such bonds, notes or other evidences of indebtedness are issued and payable out of such taxes, nor shall this section be construed to prevent the issuing of bonds to provide for the supply of water. (As amended by L.L. 1947, No. 2) ARTICLE VIII-A Department of Recreation (As added by L.L. 1961, No. 60) § 99. Definitions. As used in this Article, unless another meaning is clearly indicated by the text: (1) The term “recreation facilities” shall mean and include Memorial Field and all parks, playgrounds, athletic fields, recreation centers, and all buildings, structures, parking lots, equipment and appurtenances, and such other rights and appurtenances as the Recreation Commission of the City of Mount Vernon as constituted prior to the adoption of this local law utilized for recreation purposes, whether the same be now or hereafter owned or acquired by the City, by purchase, grant, lease, or otherwise; (2)

The term “Commissioner” shall mean the Commissioner of Recreation;

(3)

The term “Board” shall mean the Recreation Board;

(4)

The term “Department” shall mean the Department of Recreation.

§ 99-a. Department established; Commissioner; Recreation Board. There shall be a Department of Recreation in which there shall be a Commissioner of Recreation and a Recreation Board. Except as otherwise provided by this Act, the Department shall have and exercise all the powers and perform all the duties vested in or imposed upon the Recreation Commission prior to the adoption of this local law.

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§ 99-b. Commissioner of Recreation; qualifications; deputy; subordinates. The Mayor shall appoint, to hold office at his pleasure, a Commissioner of Recreation, who shall be the head of the Department of Recreation. The Commissioner of Recreation shall appoint, to hold office at his pleasure, except as otherwise provided by law, a Deputy Commissioner of Recreation and such other subordinates as may be prescribed by the Board of Estimate and Contract. The Commissioner of Recreation shall define the duties of the Deputy, and may delegate to him any of his powers except that of appointment and transfer. In the event of the absence or disability of the Commissioner of Recreation, or of a vacancy in his office, the Deputy shall discharge the duties of the office of the Commissioner until the Commissioner returns, his disability ceases, or the vacancy is filled, as the case may be. The Commissioner and Deputy Commissioner shall possess the qualifications prescribed by Section 3 of the Public Officers Law of the State of New York. In addition thereto the Commissioner shall possess the following training and experience requirements: graduation from a college or university of recognized standing with a bachelor’s degree in recreation or physical education or allied field and three years of experience in the conduct of recreation activities which shall have been in a responsible supervisory or administrative capacity; or a master’s degree in recreation or physical education or allied field and two years of experience in the conduct of recreation activities which shall have been in a responsible supervisory or administrative capacity; or a bachelor’s degree in recreation or allied field and any equivalent combination of education and experience. The Deputy Commissioner shall also possess the following training and experience requirements: graduation from a college or university of recognized standing with a bachelor’s degree in recreation or allied field and, in addition, two years of experience in the conduct of recreation; or a master’s degree in recreation or allied field and one year of appropriate experience in the conduct of recreation activities which shall have been in a responsible supervisory or administrative capacity; or a bachelor’s degree in recreation or allied field and any equivalent combination of education and experience. § 99-c. Powers and duties, generally. The Commissioner of Recreation, shall exercise all the powers and be charged with all the duties now conferred upon or required of the Recreation Commission and the Superintendent thereof, except as limited or extended by the provisions of this chapter and shall also possess such powers and perform such duties as may be prescribed by ordinance of the City Council or otherwise by law. The Commissioner shall have cognizance, jurisdiction, supervision and control of the City’s recreation facilities and shall formulate, adopt, promulgate and enforce rules, regulations, orders and directives for the use, operation, care, custody, supervision and maintenance of such facilities. He shall also, subject to the approval by the City Council, fix the fees to be paid by the public for the use of such facilities. (As amended by L.L. 1972, No. 1) § 99-d. Recreation Board.

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The Recreation Board shall consist of five members who shall be residents of the City, to be appointed by the Mayor. The five members shall be selected with a view to their demonstrated interest in recreation, and, to the extent possible, shall be persons of diverse backgrounds from different sections of the City. The terms of the appointed members of the Board shall be for five years each to expire at the end of the calendar year, except that present members of the Recreation Commission of the City of Mount Vernon shall continue in office as members of the newly constituted Recreation Board until their terms of office in the Recreation Commission have expired. Any vacancy shall be filled for the unexpired term in the same manner in which the original appointment was made. The members of the Board shall serve as such without compensation but shall be entitled to receive their actual disbursements and expenses in performing the duties of their office. The Board shall elect from its own members both a Chairman and a Vice Chairman for a term of one year and may from time to time name such other officers as it deems necessary, except that the first Chairman shall be appointed by the Mayor. The Board shall meet once each month on a stated date to be selected by the Board, and may hold such other meetings as the Board may from time to time determine. Three members shall constitute a quorum. Wherever approval by the Board is required, a majority of the whole Board shall be required. § 99-e. Powers and duties, generally. The Recreation Board shall have the following powers and duties: (1) To formulate and make recommendations with respect to the City’s recreation program and the use, operation, care, custody, supervision and maintenance of the City’s recreation facilities. (2) To develop and recommend long-range plans for additional recreation facilities in cooperation with the School District of the City of Mount Vernon and Planning Board and to recommend capital projects for submission by the Commissioner to the City’s Capital Projects Board. (3) To recommend fees to be charged the public for the use of the City’s recreation facilities. (4) To recommend qualifications for all supervisory positions in the Department of Recreation excluding the office of Commissioner and Deputy Commissioner. (5) To encourage the maximum use of the City’s recreational facilities and the coordination of the same with the recreation facilities owned by the School District of the City of Mount Vernon, and such other powers and duties as may be conferred upon them by ordinance of the City Council. (As amended by L.L. 1972, No. 1) § 99-f. Recreation Commission abolished; transfer of functions, powers and duties.

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The “Recreation Commission” as heretofore established is hereby abolished. All functions and powers possessed by and all obligations and duties of the “Recreation Commission” are hereby transferred and assigned to, assumed by and do devolve upon the Department of Recreation. ARTICLE VIII-B Office for the Aging (As added by L.L. 1975, No. 2; as amended by L.L. 1976, No. 8) § 100. Office established; Director, Office for the Aging. There is hereby created an Office for the Aging under the jurisdiction, supervision and control of the Mayor as provided in Article VI of the Charter of the City of Mount Vernon. The head of such office shall be the Director, Office for the Aging who shall be appointed by the Mayor to hold office during the pleasure of the Mayor. The Director shall receive an annual salary to be fixed by the Board of Estimate and Contract. The Director may appoint a secretary and shall appoint such other subordinates as may be prescribed by the Board of Estimate and Contract. (As amended by L.L. 1995, No. 2)

§ 100-a. Qualifications of the Director, Office for the Aging. The Director shall be a person experienced in the management, supervision and administration of programs, projects and facilities designed to assist the elderly to function independently within the mainstream of the community for as long as possible and shall possess professional and administrative education, experience and knowledge concerning all services required to implement, operate, coordinate and expand such programs, projects and facilities. (As amended by L.L. 1995, No. 2) § 100-b. Powers and duties of the Director, Office for the Aging. The Director, Office for the Aging shall have the following powers and duties, which shall be exercised and performed subject to the provisions of law: (a) To advise and assist the Mayor, City Council, Board of Estimate and Contract, and other departments, officials and agencies of the City in developing policies designed to help meet the needs of the aging and to encourage the full participation of the aging in the community; (b) To assist in the coordination of all projects, programs and activities relating to the aging; (c) To promote public awareness of resources available for the aging, and to refer the public to the appropriate departments and agencies of the state and federal governments for advice, assistance and available services in connection with particular problems;

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(d) aging;

To stimulate community interest in the problems and needs of the

(e) To seek available public and private funds designated for programs for the aging; (f) Perform such other functions as are assigned by the Mayor or Commissioner of Recreation, or as may be required or empowered under any other provision of law not inconsistent with this section. (As amended by L.L. 1995, No. 2) § 100-c. Advisory Board on the Aging. (Repealed by L.L. 1993, No. 2) ARTICLE VIII-C Department of Human Resources (As added by L.L. No. 2008, No. 2) § 101. Department established; Commissioner; Deputy. There is hereby created a Department of Human Resources under the jurisdiction, supervision and control of the Mayor of the City of Mount Vernon. The Mayor shall appoint a “Commissioner of Human Resources” who shall be the head of the Department of Human Resources to hold office during the pleasure of the Mayor. The Commissioner shall appoint a Deputy Commissioner of Human Resources and such other subordinates as may be prescribed by the Board of Estimate and Contract. The Commissioner and Deputy Commissioner shall receive an annual salary to be fixed by the Board of Estimate and Contract. In case of the absence or disability of the Commissioner, or a vacancy in the department, the Deputy Commissioner shall discharge the duties of the department until the Commissioner of Human Resources returns, the disability ceases or the vacancy is filled. § 101-a. Qualifications of the Commissioner; Deputy. (1) The Commissioner of Human Resources shall be a person experienced in personnel work; possess thorough knowledge of the federal, state, county and local laws, rules, regulations and the general principles, practices and legal framework of modern personnel and civil service administration, and principles and techniques of effective administrative supervision; and possess the ability to collectively negotiate, critically evaluate any program area; write tabular and narrative reports; plan, direct and evaluate the performance of assigned staff through subordinate supervisors, and develop and maintain effective and harmonious working relationships with elected and managerial officials and employees at all levels. (2) The Deputy Commissioner of Human Resources shall be experienced in personnel work; possess knowledge of the federal, state, county and local laws,

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rules, regulations and general principles and practices used in public human resource administration and civil service administration; and the ability to identify critical problem areas and to formulate and implement solutions with minimum disruption to ongoing operations, and train and supervise the work of others. § 101-b. Powers and duties, generally. The Commissioner shall have the following powers and duties, which shall be exercised and performed subject to the provisions of law: (a) Develop and recommend human resource policies and actions for City service covering such areas subject to final approval by the Mayor as required; (b) Develop and recommend overall human resources management strategies as part of the ongoing process relating to the overall planning, development and organization of City services; (c) Develop, administer and communicate the compensation plan for managerial and unrepresented employees; (d) Participate in the labor relation programs for the City including contract negotiations and administration with all recognized bargaining units pertaining to all terms and conditions of employment consistent with provisions of the Taylor Law of New York State; (e) Oversee the development of policies and administration of the City’s compensation program including rules of salary administration, changes in salary scales, fringe benefits, subject, as appropriate, to approval by the City’s legislative policies; (f) Oversee the administration of the classification program for the City, ensuring the title assigned to any position and its corresponding job specification is appropriate to work actually performed, that required knowledge, skills, abilities, attributes, training, and experience requirements are those minimally needed to perform designated work; (g) Direct the conduct of investigations concerning all matters touching upon the enforcement and effect of the provisions of the New York State Civil Service Law and all rules and regulations established thereunder including the City Civil Service Rules and has the authority to subpoena and require the attendance of witnesses and the production of books and papers pertinent to the investigation; (h) Interpret the law and rules and City personnel and human resource policies to department heads and appropriate local officials providing advice and assistance in reviewing and resolving employee grievances, as well as resolutions of personnel problems; (i) Confer with various City departments, agencies, bureaus and programs and evaluate recommended staffing needs and make appropriate recommendations; (j) Act as a consultant for a wide variety of employee/employer problems, and maintain dose working relationships with public and private agencies;

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(k) Advise all City departments, agencies and bureaus regarding personnel services of applicable laws, rules and regulations and labor contracts; (l) Assist the Law Department or outside consultants in representing the City in various matters such as unemployment insurance claims, and other cases where the personnel policies of the City are challenged; (m) Administer recruitment and interview process for prospective employees; (n) Maintain all personnel records, reports and logs on present and past employees and administer employee benefit programs for retired employees; (o) Perform any other functions that are necessary or appropriate to fulfill the duties and responsibilities of office. ARTICLE IX Department of Public Works § 105. Commissioner of Public Works; Deputy Commissioner; subordinates. The Commissioner of Public Works shall be the head of the Department of Public Works. He shall appoint, to hold office during his pleasure, except as otherwise provided by law, a Deputy Commissioner of Public Works, a City Engineer, and such other subordinates as may be prescribed by the Board of Estimate and Contract. Either the Commissioner of Public Works or the Deputy Commissioner of Public Works shall be a civil engineer who is a licensed professional engineer in the State of New York. The Commissioner of Public Works shall define the duties of the Deputy Commissioner, and may delegate to him any of his powers except that of appointment and transfer. In the event of the absence or disability of the Commissioner of Public Works, or of a vacancy in the office the Deputy shall discharge the duties of the office until the Commissioner of Public Works returns, his disability ceases or the vacancy is filled, as the case may be. (As amended by L.L. 1936, No. 1; L.L. 1940, No. 1; L.L. 1953, No. 3; L.L. 1995, No. 1) § 105-a. Powers and duties, generally. The Commissioner of Public Works, subject to the provisions of law and ordinances of the City Council, has cognizance, direction, and control of the construction, maintenance, alteration, repair, care, cleaning, paving, flagging, lighting and improving of the streets, highways, sidewalks, and public places of the city; of the preservation and care of shade trees, shrubs and flowers in all public parks, streets, avenues and public places of the City; of the construction, alteration and repair of all City buildings, except schools, and of all docks and bridges belonging to the City; of all public sewers and drains in the City; of the care, superintendence, management and improvement of all parks and thoroughfares belonging to the City, except the Memorial Field and the playgrounds of the City, which shall be under the care, control, management and supervision of the Recreation Commission. Except as otherwise provided by law, the Commissioner shall have the supervision of, control over, and jurisdiction and authority to make all ordinary repairs or improvements

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upon the streets, parks, sidewalks, crosswalks, gutters, vaults, drains, culverts, bridges and public ways and places of the City, including the cleaning, sprinkling, laying of dust with substances other than water, watering and flushing of the same, and collection and disposal of refuse, and may employ such laborers and teams and incur such expenditures as may be necessary within the limits of the appropriations made therefor. It shall be his duty to inspect the same with sufficient frequency to ascertain their condition and cause the same to be kept free from obstructions and in good condition and repair and reasonably safe for public use. The Commissioner shall also have general supervision and control of all work performed under any contract of the City for local or other improvements to be performed with or upon any of the public streets, parks, ways and places or with reference to the public works and ways within the jurisdiction of his Department, including the lighting, sprinkling, laying of dust with substances other than water, watering or flushing of the streets or public places, and shall cause the same to be performed in full compliance with the provisions of any contract therefor. Except as otherwise provided by law or ordinance of the City Council, the Commissioner of Public Works has, over the streets and public places within the City, all the jurisdiction, and is charged with all the duties of the commissioners of highways within the towns of the state. The Commissioner of Public Works is hereby authorized and empowered to make such rules and regulations with respect to the several bureaus within his jurisdiction and control as may be necessary to secure the intent and purpose of this chapter and the proper exercise of his powers and performance of his duties hereunder. (Formerly § 106, as amended by L.L. 1934, No. 4; amended and renumbered by L.L. 1940, No. 1, as amended by L.L. 1953, No. 3; L.L. 1972, No. 1) § 105-b. Abatement of nuisance. The Commissioner of Public Works shall have the power to enter upon property, both public and private, and to remove accumulations of rubbish and deleterious matter therefrom, to fill in depressions where water is likely to gather and stagnate, and to abate any other conditions creating or tending to create a condition detrimental to the health, safety and general welfare of the immediate neighborhood or the public at large. Where the owner of property upon which any accumulations of rubbish and deleterious matter or depression or condition detrimental to health, safety and general welfare exists shall fail to abate, remove or fill in the same within five days after written notice so to do has been served upon him either personally or by delivering the same at his last known place of residence, or if he be a nonresident, by mailing the same to him at his last known place of residence, or if the name of the owner or his place of residence cannot be ascertained after due diligence, by posting the same in a conspicuous place upon the premises, the Commissioner of Public Works shall have said rubbish and deleterious matter removed and depressions filled in and conditions abated, either by the Department of Public Works or by hiring a private contractor, subject, however, to the laws pertaining to public bidding. In the event that the Department of Public Works is so employed, it shall, upon completion of the work of such removal, filling in or abatement, send to the owner of the property upon which said work has been done whose name appears on the last assessment roll, a bill for the value of the work done and the expense incurred. In the event that the Commissioner of Public Works hires a private contractor to do such work, a bill for

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the actual amount charged by the said private contractor for the work shall be sent to such owner. Such bill shall be presented to the owner personally, or by certified mail, return receipt requested, or by leaving the same at his residence, or, if the owner be a nonresident, by sending by certified mail the same to him at his last known place of residence or, if the name of such owner or his place of residence cannot be ascertained after due diligence, by posting the same in a conspicuous place on the premises, which bill shall be paid by such owner to the Comptroller and, if he shall fail to pay the same within ten days thereafter, the Commissioner of Publlc Works shall certify such expense to the City Council of the City of Mount Vernon, and such amount, if not paid, shall thereupon be chargeable and become a lien upon the lot or premises where such rubbish, deleterious matter, depression or condition existed, and shall be levied, corrected, enforced and collected in the same manner, by the same proceeding and under the same penalties as an assessment for a public improvement. In all cases where the Commissioner of Public Works certifies expenses to the City Council pursuant to the foregoing provision of this section, he shall simultaneously transmit to the Comptroller a duplicate original of such certification and the Comptroller shall upon receipt thereof forthwith docket the amount of such expense in the tax rolls against the real property affected with a notation “Assessment pending pursuant to § 105-b of the City Charter.” The foregoing provisions of this section shall include, but not be limited to, conditions where there shall be growing on any property any ragweed or other species of weed, plant or growth which is noxious or detrimental to the public health, or the seed, pollen or other emanation whereof, when carried through the air or otherwise dispersed, is noxious or detrimental to the public health. (As added by L.L. 1929, No, 2; as amended by L.L. 1942, No. 3; L.L. 1962, No. 2; L.L. 1962, No. 5: L.L. No. 1964, No. 3; L.L. 1970, No. 2; L.L. 1972, No. 1; L.L. 1980, No. 7;5 L.L. 1981, No. 1; L.L. 1986, No. 1) § 106. Repair of sidewalks; removal of snow and ice. The Commissioner of Public Works shall have full power and authority to require the owner of property abutting upon a street to repair any sidewalk in front thereof or bring the same to true grade and to remove the snow and ice therefrom. Where the owner of such property shall fail or neglect to repair any sidewalk or bring the same to true grade for thirty days after written notice so to do has been served on him, either personally or by certified mail, return receipt requested, or by delivering same at his residence, or if the name of the owner or his place of residence cannot be ascertained after due diligence, by posting the same in a conspicuous place upon the premises; or where the owner of any such premises shall fail or neglect to remove snow and ice from any such sidewalk, after the same has remained thereon for more than twelve hours, and the Commissioner shall have repaired such sidewalk or brought the same to grade or removed the ice and snow therefrom, a bill for the expenses incurred thereby shall be presented to the owner personally, or by certified mail, return receipt requested, or by leaving the same at his residence or, if he be a nonresident, by mailing the same to him at his last known place of residence, or, if the name of such owner or his place of residence cannot be ascertained after due diligence, by posting the same in a conspicuous place on the premises, and, if he shall fail to pay the same within ten days thereafter, the Commissioner shall file each year immediately preceding the time for making the annual assessment roll _____________________________________________________________________________________________________________ 5. This local law provided that former § 144 of Article XI was to be deleted in its entirety from Article XI and added in its entirety to Article IX as this new § 104-b.

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his certificate of the actual cost of the work, together with a statement as to the property in front of which the repairing or grading or cleaning was done, with the Commissioner of Assessment and Taxation of the City, who shall, in the preparation of the next assessment roll of general City taxes, assess such amount upon such property and the same shall be levied, corrected, enforced and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property assessed as the general City tax and as a part thereof. (Formerly § 107, as amended by L.L. 1934, No. 4; amended and renumbered by L.L. 1940, No. 1; as amended by L.L. 1953, No, 3; L.L. 1954, No. 2; L.L. 1961, No. 25) § 107. Performance of public work to be certified. All public work performed pursuant to contract under the supervision or control of the Commissioner shall, before it is accepted, be certified to by him to the effect that such work has been performed in a good and substantial manner with the materials required, of the quality and in the manner directed by the terms of the contract under which the same was done. Within ten days after the completion of any such work the Commissioner shall file a certificate of such completion with the Comptroller and with the City Clerk, to be reported by him to the City Council. Such certificate shall state in substance that said work has been duly examined by the Commissioner and that the same has been fully performed and completed in accordance with the terms of the contract therefor. (Formerly § 108, amended and renumbered by L.L. 1940, No. 1; as amended by L.L. 1953, No. 3; L.L. 1972, No. 1) § 108. Bureaus. There shall be in the Department of Public Works a Bureau of Highways and Sanitation, a Bureau of Motor Vehicle Control, a Bureau of Engineering, a Bureau of Parks and such other bureaus as may be authorized by the City Council. The Commissioner of Public Works shall be head of all bureaus in the Department of Public Works. The Deputy Commissioner of Public Works shall have general charge and supervision of the Bureau of Highways and Sanitation. The Commissioner may appoint such other subordinates in the respective Bureaus in the Department as may be prescribed by the Board of Estimate and Contract. The Commissioner may assign to each Bureau such employees in the Department of Public Works, other than those designated herein or by the Board of Estimate and Contract, as he deems necessary for the proper functioning thereof, unless otherwise prescribed by law. (As added by L.L. 1940, No. 1; as amended by L.L. 1953, No. 3; L.L. 1972, No. 1) § 109. Bureau of Highways and Sanitation. Except as otherwise provided by statute, and subject to the provisions of law and ordinances of the City Council the Bureau of Highways and Sanitation shall have jurisdiction, charge and control: 1. Over the location, construction, maintenance, alteration, repair, care, paving, flagging, lighting and improving of the streets, highways, sidewalks, crosswalks, gutters, vaults, drains, culverts and public places of the City;

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2. Over the sweeping, cleaning, sprinkling, flushing, washing, sanding and otherwise laying of dust with substances other than water of the City streets and highways; 3. Over the construction, alteration, repair and maintenance of docks and bridges belonging to the City; 4. Over the location, construction, alteration, repair, maintenance and operation of all drains, intercepting sewers and sewage disposal plants of the City; 5. Over the removal and disposition of ashes, street sweepings, garbage, refuse, rubbish, night soil and offal; 6.

Over the removal of ice and snow from the highways;

7. Over the operation, maintenance and use of incinerators or other plants or equipment for the destruction or disposition of ashes, street sweepings, garbage, refuse, rubbish, dead animals, night soil and offal. (As added by L.L. 1940, No. 1; as amended by L.L. 1953, No. 3; L.L. 1972, No. 1) § 110. Bureau of Motor Vehicle Control. Except as otherwise provided by statute, and subject to the provisions of law and ordinances of the City Council, the Bureau of Motor Vehicle Control shall have jurisdiction, cognizance, direction and control as follows: 1. Of the repair, maintenance, fueling and servicing of all rolling stock and vehicles, whether motor-driven or otherwise, owned by the City of Mount Vernon, except, however, the fire-fighting equipment upon fire apparatus. 2. Of the storage and parking when not in actual use of all rolling stock and vehicles, whether motor-driven or otherwise, owned by the City of Mount Vernon, except the apparatus and equipment used by the Fire Department of said City, unless otherwise agreed upon between the Commissioner of Public Works and the Fire Commissioner. 3. Of the designation and assignment for use by the various departments, bureaus, officers and employees of the City of all such rolling stock and vehicles except the apparatus, equipment, vehicles, motorcycles and other rolling stock used by the Department of Public Safety and the Fire Department of said City. The Commissioner of Public Works, in respect to all matters, the jurisdiction, charge and control whereof is vested in him by the provisions of this section, shall have all the functions, powers and duties in respect thereto now vested in or imposed upon any department, bureau or officer of the City, and such functions, powers and duties are hereby transferred to the Commissioner of Public Works as head of said Bureau of Motor Vehicle Control and shall be exercised and performed by him. The assignment or transfer, however, shall not operate to divest the Board of Estimate and Contract of any power or duty in respect to such matters now vested therein by law, except as expressly provided by this section.

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The provisions of this section shall have no application to the rolling stock and vehicles of the Board of Water Supply of the City of Mount Vernon or the Board of Education of said City. (Formerly § 111, as added by L.L. 1940, No. 1; as renumbered and amended by L.L. 1953, No. 3; L.L. 1972, No. 1) § 111. Bureau of Engineering. Except as otherwise provided by statute, and subject to the provisions of law and ordinances of the City Council, the Bureau of Engineering shall have jurisdiction over land surveying, making borings, drafting, designing, preparation of maps, diagrams and profiles, the preparation of plans and specifications for, and the evaluation and inspection of the construction, alteration and repair of public works, other than buildings, paid for in whole or in part by the City, and such other work performed by or on behalf of the City or under the supervision of the Commissioner of Public Works requiring the application of engineering principles and data. (Formerly § 112, as added by L.L. 1940, No. 1; as renumbered and amended by L.L. 1953, No. 3; L.L. 1972, No. 1) § 112. Bureau of Parks. Except as otherwise provided by statute, and subject to the provisions of law and the ordinances of the City Council, the Bureau of Parks shall have the care and maintenance, superintendence, management and improvement of parks, including benches, drinking fountains, buildings and structures therein, belonging to the City; and of the planting, preservation and care of shade trees, shrubs and flowers in all public parks, recreation facilities, streets, avenues and public places of the City. The Bureau of Parks shall also have the care and maintenance of the City’s recreation facilities, including Memorial Field, and all parks, playgrounds, athletic fields, recreations centers and the buildings, structures, parking lots, equipment and appurtenances located therein. The Commissioner of Recreation, however, shall have the superintendence, management and improvement of the afore-mentioned recreation facilities and any buildings, structures, parking lots, equipment and appurtenances located therein. (Formerly § 113, as added by L.L. 1940, No. 1; as renumbered and amended by L.L. 1953, No. 3; L.L. 1972, No. 1; L.L. 1992, No. 1) § 112-a. General and transitory provisions. For the purposes of this chapter the term “intercepting sewer” shall mean a sewer, the principal purpose whereof is the interception from other sewers and conveyance of sewage to other sewage systems and/or treatment plants. In case of doubt, the Commissioner of Public Works shall determine whether a sewer is an intercepting sewer. Any provision in any law, ordinance, rule, regulation, contract, grant or other document relating to the subject matter of the power or duties provided in this chapter and applicable to an officer, board, bureau or department, formerly

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exercising such powers and duties, shall apply to the officer, board, bureau or department to which such powers and duties are assigned by this chapter. (Formerly § 113-a, as added by L.L. 1940, No. 1; as renumbered and amended by L.L. 1953, No. 3) ARTICLE IX-A Department of Buildings (As added by L.L. 1953, No. 4) § 113. Commissioner of Buildings; subordinates. The Mayor shall appoint a Commissioner of Buildings to hold office during his pleasure. The Commissioner of Buildings shall be the head of the Department of Buildings. He shall appoint to hold office during his pleasure, except as otherwise provided by law, a First Deputy Commissioner of Buildings, a Second Deputy Commissioner of Buildings, a Superintendent of Plumbing and such other subordinates as may be prescribed by the Board of Estimate and Contract. In case of the absence or disability of the Commissioner of Buildings, or a vacancy in the office, the First Deputy shall discharge the duties of the office until the Commissioner of Buildings returns, his disability ceases or the vacancy is filled. In case of the absence or disability of both the Commissioner of Buildings and the First Deputy Commissioner of Buildings, or a vacancy in both offices, the Second Deputy shall discharge the duties of the office until either the Commissioner or the First Deputy returns, such disabilities or one of them ceases or the vacancies or one (1) of them is filled. (As added by L.L. 1953, No. 4; as amended by L.L. 1985, No. 4) § 113-a. Powers and duties, generally. Except as otherwise provided by statute, and subject to the provisions of law and ordinances of the City Council, the Department of Buildings shall have jurisdiction, supervision and control as follows: 1. Over the enforcement of the Zoning Ordinance, the Building Code and other laws, ordinances, rules and regulations governing the construction, alteration, maintenance, use, occupancy, safety, sanitary and mechanical equipment and inspection of buildings or structures in the City, and shall have charge of the removal of buildings or other structures and of the location, construction, alteration and removal of signs, illuminated, or nonilluminated, attached to the exterior of any buildings or structure or erected on any premises, together with all surface and subsurface construction within the sidewalk area, other than pertains to the construction or use of the streets and highways for street and highway purposes, the coverings thereof and entrances thereto, and the issuance of permits in references thereto. 2. In addition to the foregoing, the Commissioner of Buildings shall have full power and authority to require the owner of any premises within the City upon which there shall be a building that is unoccupied and in an untenantable condition, or a wall, building or other structure, or part thereof, which may be dilapidated and in an unsafe or dangerous condition, to take down and remove the same, and to clear away any and all debris caused thereby, and require the owner of any premises within the City containing or consisting, in whole or in part, of an

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abandoned excavation to fill in the same. For the purposes of this section, a building which has not progressed beyond the first tier of beams within six months from the date of issuance of permit therefor, shall be considered a building in untenantable condition; and an excavation which exists for a period of three months shall be considered an abandoned excavation. When the owner of such premises shall fail or neglect to raze or remove such building, wall, or other structure, or to clear away said debris, or fill in said excavation, within five days after written notice so to do has been served upon him personally or by delivering and leaving the same at his residence, or if he be a nonresident of the City, by mailing the same to him at his last known place of residence, or if the name of the owner or his last place of residence cannot be ascertained after due diligence, by posting the same in a conspicuous place upon the premises, the Commissioner of Buildings shall have such building, wall or other structure taken down and removed, such debris cleared away and such abandoned excavation filled in, and the expense of said razing, removal, clearing away and filling in, when certified by said Commissioner to the City Council, shall thereupon be chargeable and become a lien upon the said premises and shall be paid by the City out of its general funds and levied, corrected, enforced and collected in the same manner, by the same proceedings and under the same penalties as an assessment for a public improvement. In the event that the owner of such premises is a corporation, personal service of said notice upon an officer, director or managing agent thereof shall be sufficient and equivalent to personal service upon an individual owner, and an office or place of business of such corporation shall be and constitute the “residence” of the owner hereinabove mentioned. In all cases where the Commissioner of Buildings certifies expenses to the City Council pursuant to the foregoing provision of this section, he shall simultaneously transmit to the Comptroller a duplicate original of such certification and the Comptroller shall upon receipt thereof forthwith docket the amount of such expense in the tax rolls against the real property affected with a notation “Assessment pending pursuant to Section 113-a of the City Charter.” 3. In addition to the foregoing, the Commissioner of Buildings shall have full power and authority to require the owner of any premises within the City who is or has been required by the Zoning Board of Appeals or otherwise by law to erect and maintain fences, hedges, plantings, shrubbery, lawns or other screening or landscaping facilities on said premises, to erect, replace, repair or maintain said fences, hedges, plantings, shrubbery, lawns or other screening or landscaping facilities. 4. When the owner of such premises shall fail or neglect to erect, replace, repair, or maintain said screening or landscaping facilities within thirty (30) days after written notice so to do has been served upon him, either personally by delivering and leaving the same with him, or by mailing the same by registered or certified mail to him at the address shown on the last preceding assessment roll, or if the name of the owner or his last place of residence cannot be ascertained after due diligence, by posting the same in a conspicuous place upon the premises, the Commissioner of Buildings shall have such screening or landscaping facilities erected, replaced or repaired and the expense of said work, when certified by said Commissioner to the City Council, shall thereupon be chargeable and become a lien upon such premises and such amount shall thereupon be paid by the City out of its general funds and shall be levied, corrected, enforced and collected in the same manner, by the same proceedings and under the same penalties as an assessment for a public improvement. In all cases where the Commissioner of Buildings certifies expenses to the City Council pursuant to the foregoing provision of this section, he shall simultaneously transmit to the Comptroller a duplicate original of such

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certification and the Comptroller shall upon receipt thereof forthwith docket the amount of such expense in the tax rolls against the real property affected with a notation “Assessment pending pursuant to Section 113-a of the City Charter.” 5. In the event that the owner of said premises is a corporation, service of said notice upon an officer, director or managing agent thereof shall be sufficient and equivalent to personal service upon an individual owner, and an office or place of business of such corporation shall be and constitute the residence of the owner hereinabove mentioned. 6. Whenever the estimated expense of work to be performed at the expense of an owner exceeds $1,000.00, the Commissioner of Buildings shall not permit said work to be done until authorized by the City Council and the Board of Estimate and Contract. Bids for the performance of said work shall be advertised and contracts for same awarded in accordance with the provisions of Article VII of this chapter. 7. The Commissioner of Buildings, in respect to all matters, the jurisdiction, charge and control whereof is vested in him by the provisions of this section, shall have all the functions, powers and duties in respect thereto now vested in or imposed upon any department, bureau or officer of the City and such functions, powers and duties are hereby transferred to the Commissioner of Buildings as head of the Department of Buildings and shall be exercised and performed by him. This assignment or transfer, however, shall not operate to divest the Board of Estimate and Contract of any power or duty in respect to such matters now vested therein by law, except as expressly provided by this section. (As amended by L.L. 1955, No. 1; L.L. 1962, No. 4; L.L. 1964, No. 4; L.L. 1972, No. 1) § 113-b. Additional powers. In addition to the foregoing the Commissioner of Buildings shall also have full power and authority to erect, replace, repair or maintain fences, trees, plantings, shrubbery and other screening on premises located within the City of Mount Vernon, where such screening facilities are required by direction or order of the Zoning Board of Appeals or by any zoning ordinance and there is a failure to comply with such direction, order or ordinance, and if after given thirty days’ notice by registered mail addressed to the owner of record of such premises at the address shown on the last preceding assessment roll, such fences, trees, plantings, shrubbery or other screening, are not so erected, replaced, repaired or maintained, by or on behalf of such owner, and, the expense of such erection, replacement, repair or maintenance of fences, trees, plantings, shrubbery and other screening, when certified by the Commissioner of Buildings to the City Council, shall be paid by the City and such amount shall thereupon be and become a lien upon said premises and shall be levied, corrected, enforced and collected in the same manner and by the same proceedings, and under the same penalties as an assessment for a public improvement. If the name and place of residence of the owner does not appear on said assessment roll or cannot be ascertained after due diligence, the said notice shall be given by posting the same in a conspicuous place upon the premises. (As added by L.L. 1962, No. 1; as amended by L.L. No. 1972, No. 1)

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ARTICLE IX-B Building and Housing Code Appeals Board (As added by L.L. 1969, No. 4) § 113-aa. Building and Housing Code Appeals Board established; members; qualifications. There shall be a Building and Housing Code Appeals Board, which shall consist of five (5) members appointed by the Mayor, one member to be appointed for five (5) years, one for four (4) years, one for three (3) years, one for two (2) years and one to serve for one (1) year, and thereafter each new member to serve five (5) years or until his successor has been appointed. Vacancies in such Board, occurring otherwise than by expiration of such term, shall be filled for the unexpired term. The Mayor shall designate one of the members to serve as Chairman and one as Vice Chairman for such term as the Mayor shall designate. Compensation of the members of said Board shall be fixed by the Board of Estimate and Contract. The Commissioner of Buildings shall designate a clerical employee of the Department of Buildings to act as Executive Secretary to the Building and Housing Code Appeals Board. The said Board shall appoint such other subordinates as may be prescribed by the Board of Estimate and Contract. No fewer than three of the five (5) members shall be licensed professional engineers, architects or builders or superintendents of building construction, each of at least ten (10) years’ experience for five (5) years of which he shall have been in responsible charge of work; and at no time shall there be more than two (2) members of the Board selected from the same profession or business, and at least one of the professional engineers shall be a licensed structural or civil engineer with architectural engineering experience. § 113-bb. Powers and duties of the Building and Housing Code Appeals Board, generally. The Building and Housing Code Appeals Board shall have the following powers and duties, which they shall exercise and perform subject to the provisions of law: 1. To review, affirm, revise or modify, upon appeal by an aggrieved owner, lessee or other person in interest, either in person or by a duly authorized agent, an order, requirement or decision of the Commissioner of Buildings under the Building Code or Housing Code of the City of Mount Vernon denying or refusing to grant a modification of the provisions and requirements of such Building or Housing Code covering the manner of construction or materials to be used in the erection, alteration or repair of a building or structure, where it is claimed that: (a) the true intent of the code or the rules and regulations legally adopted thereunder have been incorrectly interpreted; (b) the provisions of the code do not fully apply; or (c) in a case where strict compliance with the requirements of the code as to form of construction would create a hardship, an equally good or better form of construction can be used which will alleviate such hardship in that case. 2. The Board shall have such other powers, duties and functions and shall exercise them in the manner as shall be established by ordinance of the City Council of the City of Mount Vernon not inconsistent with this Article.

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In every such appeal, the Building and Housing Code Appeals Board shall hold a public hearing upon notice, and the appellant, or his representative, the Commissioner of Buildings and any other person whose interests may be affected shall be given an opportunity to be heard. (As amended by L.L. 1972, No. 1) ARTICLE X Department of Public Safety § 114. Commissioner of Public Safety; subordinates. The Commissioner of Public Safety shall be the head of the Department of Public Safety. He shall appoint to hold office during his pleasure, except as otherwise provided by law, a First Deputy Commissioner, a Second Deputy Commissioner, a Superintendent of Weights and Measures, and such other subordinates as may be prescribed by the Board of Estimate and Contract. In case of the absence or disability of the Commissioner and of both Deputies, or a vacancy in all said offices, the Mayor shall appoint a suitable person to discharge the duties of the office of Commissioner until the Commissioner or one of said Deputies returns, their disability ceases, or the vacancy in the office of Commissioner is filled. The respective Deputies shall have and possess all the powers of the Commissioner in order to discharge any of the duties of the Commissioner committed to such Deputies by the Commissioner. During the absence and disability of the Commissioner or a vacancy in that office, the First Deputy shall discharge the duties of the office until the Commissioner returns, his disability ceases or the vacancy is filled. During the absence or disability of both the Commissioner and the First Deputy, or a vacancy in both said offices, the Second Deputy shall discharge the duties of the Commissioner until either the Commissioner or the First Deputy Commissioner returns, such disability ceases or the vacancy in the office of the Commissioner is filled. (As amended by L.L. 1928, No. 1; L.L. 1961, No. 26; L.L. 1968, No. 4) § 115. Powers and duties of Commissioner and Deputy. The Commissioner shall have cognizance, jurisdiction, supervision and control of the government, administration, disposition and discipline of the Police Department and of the officers and members of said Department, and shall possess and exercise fully and exclusively all powers and perform all duties pertaining to the government, maintenance and direction of said Department, and the apparatus and property thereof and buildings furnished therefor, and shall have the general direction and supervision of the expenditure of all moneys appropriated to said Department. He shall possess such other powers and perform such other duties as may be prescribed by law or by ordinances of the City Council. (As amended by L.L. 1928, No. 1; L.L. 1961, No. 27; L.L. 1972, No. 1) § 116. Rules, orders and regulations. The Commissioner of Public Safety shall make, adopt and enforce such reasonable rules, orders and regulations, not inconsistent with law, as may be reasonably necessary to effect a prompt and efficient exercise of all the powers

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conferred and the performance of all duties imposed by law upon him or the Department under his jurisdiction. He is authorized and empowered to make, adopt, promulgate and enforce reasonable rules, orders and regulations for the government, discipline, administration and disposition of the officers and members of the Police Department, and for the hearing, examination, investigation, trial and determination of charges made or prepared against any officer or member of said Department for neglect of official duty or incompetency or incapacity to perform his official duties or some delinquency seriously affecting his general character or fitness for the office, and may, in his discretion, punish any such officer or member found guilty thereof by reprimand, forfeiting and withholding pay for a specified time, suspension during a fixed period or dismissal from office; but no officer or member of said Department shall be removed or otherwise punished for any other cause, nor until specific charges in writing have been preferred against and served upon him, and he shall have been found guilty thereof after reasonable notice and upon due trial before said Commissioner in the form and manner prescribed by law and the rules and regulations of the Department. (As amended by L.L. 1928, No. 1) § 117. Constitution of Police Department. The Police Department shall, as to its membership, and component parts, remain as now constituted until the same shall be changed by action of the City Council. The Board of Estimate and Contract has power at all times to determine the number of officers and members of said Department, and the classes and grades into which they shall be divided. The City Council may pass ordinances not inconsistent with law for the government of the Police Department, and regulating the powers and duties of its officers and members. The Commissioner shall appoint, as vacancies in said Department occur, all officers and members thereof, except as otherwise provided herein, and classify and apportion them into grades to conform to such ordinances. (As amended by L.L. 1928, No. 1; L.L. 1972, No. 1) § 117-a. Three-platoon system. The present three-platoon system now in effect in the Mount Vernon Police Department is hereby continued. None of such platoons, or any member thereof, shall be assigned to more than one tour of duty in any twenty-four consecutive hours except when it is necessary for a member of the Department to complete an assignment commenced during his regular tour of duty. Shifts of such tours of duty shall take place at midnight, eight o’clock in the morning and four o’clock in the afternoon of each consecutive twenty-four hours, except in the event of conflagrations, riots or other emergencies. In spite of anything herein to the contrary notwithstanding, all members of the Police Department shall at all times be subject to recall by the Commissioner of Public Safety. Tours of duty shall be so arranged so that no member of such Department, except in the event of any emergency, as hereinabove mentioned, shall be required to work more than forty-two hours in any one week. The above provisions shall likewise apply to parking meter and service men attached to the Department of Public Safety. (As added by L.L. 1953, No. 7; as amended by L.L. 1973, No. 4)

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§ 118. Terms of office. All members of the Police Department, subject to the power of removal hereinafter specified, shall hold their respective offices during good behavior or until by age or disability they shall become permanently incapacitated to discharge their duties. (As amended by L.L. 1928, No. 1; L.L. 1961, No. 28) § 119. Discipline. If a charge be made by any person against any officer or member of the Police Department that he has been negligent or derelict in the performance of his official duties, or is incompetent or without capacity to perform the same, or is guilty of some delinquency seriously affecting his general character or fitness for the office, the charge must be in writing, in the form prescribed by the rules and regulations of the Commissioner of Public Safety, and a copy thereof must be served upon the accused officer or member. The Commissioner shall then proceed to hear, try and determine the charge. The accused shall have the right to be present at his trial, and to be heard in person and by counsel and to give and furnish evidence in his defense. All trials shall be open to the public. The Commissioner has power to issue subpoenas, in his name, to compel the attendance of witnesses, and shall upon the oral application of the accused issue a subpoena on the behalf of the accused, leaving the space for the names of witnesses blank that he may fill in their names, upon any proceeding authorized by the rules and regulations of the Department, and any person served with a subpoena is bound to attend in obedience to the command thereof; and the Commissioner shall compel the attendance of witnesses and compel them to testify in the same manner as in the case of any officer or board authorized by law to issue subpoenas and take testimony. If the accused shall be found guilty of the charge made against him the Commissioner may punish him by reprimand, by forfeiting and withholding pay for a period not to exceed thirty days, or by dismissal from office. At any time within one year after the date of dismissal, any officer or member dismissed may make application to the Commissioner for reinstatement. Such application to the Commissioner for reinstatement must be in writing and contain a release of the City from all claims for back compensation. The Commissioner may, in his discretion, rehear and redetermine the charges and reinstate such officer or member, with or without an allowance of the whole or part of the time since such dismissal to be applied on his time of service in the Department, or may affirm such dismissal. At any time within one year after the date of resignation, any officer or member who has resigned may make application to the Commissioner for reinstatement and the Commissioner may, in his discretion, reinstate him, but the time between the date of resignation and reinstatement shall not apply on his time of service in the Department. (As amended by L.L. 1928, No. 1) § 120. Appeal from determination of Commissioner. In case any such officer or member is aggrieved by the determination of the Commissioner on any trial of charges, as specified in the preceding section, he may within thirty days after the rendering of such determination, take an appeal therefrom on questions of law to the Appellate Division of the Supreme Court. An appeal taken, as prescribed herein, shall be perfected by the service of notice of appeal upon the Commissioner. He shall, within ten days thereafter, make and file with the County Clerk of Westchester County a complete return of the proceedings

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on such trial. For the use of the parties and court on such appeal, the appellant shall cause a certified or stipulated copy of said return to be printed and issued and all the rules and statutes concerning the correction and service and use of a printed case on appeal shall as far as appropriate be applicable to the correction, service and use on appeal of said records. § 121. Chief Inspector of Police. (Repealed by L.L. 1973, No. 4) § 122. Powers and duties of members of Police Department. The members of the Police Department, other than surgeons, in criminal matters have all the powers of peace officers under the general laws of the state, and they shall also have the power and it shall be their duty to arrest any person found by them violating any of the penal ordinances of the City or laws of the state, and to take such person before the proper City Magistrate. Such person shall be dealt with in the same manner as if he had been arrested upon a warrant theretofore duly issued by such Magistrate. They shall report violations of law and ordinances coming to their knowledge in any way under regulations to be prescribed by the Commissioner of Public Safety. They shall also have, in every other part of the state, in criminal matters all the powers of constables and any warrant for search or arrest issued by any Magistrate of the state may be executed by them in any part of the state according to the tenor thereof without endorsement. They shall possess such other powers and perform such other duties as may be provided by law or ordinance of the City Council. (As amended by L.L. 1972, No. 1) § 123. Service of process. All criminal process for any offense committed within the City, and all process to recover or to enforce any penalty for the violation of any City ordinance issued out of any court, or by any magistrate within the City, and every process, subpoena or bench warrant issued by the District Attorney of Westchester County, relating to any offense committed within the City, and every process, subpoena or warrant issued by any coroner of such county in any inquest held in the City relative to the death of any person, may be served by any member of the Police Department. § 124. Political activity prohibited. No officer or member of the Police Department shall be a member of or delegate to any political convention, nor shall he be present at such convention except in the performance of duty relating to his position as such officer or member. He shall not solicit any person to vote at any political primary or election, nor challenge, nor in any manner attempt to influence any voter thereat. He shall not be a member of any political committee. Any officer or member violating any provision of this section shall be dismissed from office. § 125. City owner of supplies.

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(Repealed by L.L. 1961, No. 42) § 126. Liability of City. (Repealed by L.L. 1961, No. 43) ARTICLE X-B Office of Consumer Protection6 (As added by L.L. 1971, No. 8) § 126-a. Office of Consumer Protection. There is hereby established an Office of Consumer Protection in Mount Vernon. § 126-b. Coordinator of Consumer Protection. The Superintendent of Weights and Measures shall be the Coordinator of Consumer Protection. In addition to those powers and duties conferred upon him as the Sealer of Weights and Measures of the City of Mount Vernon by the laws of this state, he shall have the powers and duties prescribed by this local law and such other related duties including, but not limited to, matters for the protection of consumers as may be prescribed by local law. § 126-c. Powers and duties. The Office of Consumer Protection through the Superintendent of Weights and Measures and subject to appropriations made therefor by the City Council of Mount Vernon shall have power to: 1. Receive and investigate complaints and initiate his own investigation of frauds or unfair dealings against consumers. 2. To represent the interest of consumers before administrative and regulatory agencies and legislative groups. 3. Assist, advise and cooperate with local, state and federal agencies and officials to protect and promote the interests of the Mount Vernon consumer public. 4. Conduct investigations, research, studies and analyses of matters affecting the interests of Mount Vernon consumers. 5. Study the operation of state and local laws for consumer protection and to recommend amendments of such laws for the protection of consumers. 6. Report to the appropriate law enforcement agencies any information concerning violations of any consumer protection laws. _____________________________________________________________________________________________________________ 6. Editor’s Note: Former Art. X-B, Department of Public Welfare, consisting of §§ 126-a, 126-b and 126-c, was repealed by L.L. No. 44-1961.

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7. Assist, develop and conduct programs of consumer education and information through publications and other informational and educational material prepared for dissemination to the consumer public of Mount Vernon in order to increase the competence of consumers and to raise the general standard of living. 8. Undertake activities to encourage local business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion and sale of consumer goods and services. 9. Cooperate with other agencies, public and private, in the development of standards and quality grades for consumer goods and services. 10. Exercise and perform such other functions, powers and duties as may be deemed necessary or appropriate to protect and promote the welfare of Mount Vernon consumers. 11. Report monthly to the City Council of Mount Vernon, in writing, the activities and the recommendations of the Office. (As amended by L.L. 1972, No. 1) § 126-d. Advisory Committee on Consumer Affairs. There is hereby created an Advisory Committee on Consumer Affairs, consisting of five (5) representatives who shall reflect a cross section of consumer and business interests, to be appointed by the Mayor of the City of Mount Vernon for a term of three years. One member shall be designated by the Mayor as Chairman. Members shall serve without compensation but shall be reimbursed for the expenses actually incurred by them in the performance of their duties. The Committee shall assist and advise the Director in his duties and functions under this title. ARTICLE X-A Fire Department § 127. Fire Commissioner; subordinates. The Fire Commissioner shall be the head of the Fire Department. He shall appoint, to hold office during his pleasure, except as otherwise provided by law, a Deputy Fire Commissioner and such subordinates as may be prescribed by the Board of Estimate and Contract. In case of the absence or disability of the Commissioner and of the Deputy, or a vacancy in both offices, the Mayor shall appoint a suitable person to discharge the duties of the office until the Commissioner or his Deputy returns, or their disability ceases, or the vacancy is filled. (As added by L.L. 1928, No. 1) § 127-a. Powers and duties of Commissioner and Deputy. The Fire Commissioner shall have cognizance, jurisdiction, supervision and control of the government, administration, disposition and discipline of the Fire Department, and of the officers and members of said Department, and shall possess and exercise fully and exclusively all powers and perform all duties pertaining to

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the government, maintenance and direction of said Department, and the apparatus and property thereof and buildings furnished therefor, and shall have the general direction and supervision of the expenditure of all moneys appropriated to said Department. During the absence or disability of the Commissioner the Deputy Commissioner shall discharge the duties of the office until the Commissioner returns or his disability ceases. The Deputy Commissioner shall at all times have and possess all the powers of the Commissioner in order to discharge any of the duties of the Commissioner committed to such Deputy by the Commissioner. (As added by L.L. 1928, No. 1) § 127-b. Rules, orders and regulations. The Fire Commissioner shall make, adopt and enforce such reasonable rules, orders and regulations, not inconsistent with law, as may be reasonably necessary to effect a prompt and efficient exercise of all the powers conferred and the performance of all duties imposed by law upon him or the department under his jurisdiction. He is authorized and empowered to make, adopt, promulgate and enforce reasonable rules, orders and regulations for the government, discipline, administration and disposition of the officers and members of the Fire Department, and for the hearing, examination, investigation, trial and determination of charges made or prepared against any officer or member of said Department for neglect of official duty or incompetency or incapacity to perform his official duties or some delinquency seriously affecting his general character or fitness for the office, and may, in his discretion, punish any such officer or member found guilty thereof by reprimand, forfeiting and withholding pay for a specified time, suspension during a fixed period or dismissal from office; but no officer or member of said Department shall be removed or otherwise punished for any other cause, nor until specific charges in writing have been preferred against and served upon him, and he shall have been found guilty thereof after reasonable notice and upon due trial before said Commissioner in the form and manner prescribed by law and the rules and regulations of the Department. (As added by L.L. 1928, No. 1) § 127-c. Constitution of Fire Department. The Fire Department shall, as to its membership and component parts, remain as now constituted until the same shall be changed by action of the City Council. The Board of Estimate and Contract has power at all times to determine the number of officers and members of said Department and the classes and grades into which it shall be divided. The City Council may pass ordinances not inconsistent with law for the government of the Fire Department, and regulating the powers and duties of its officers and members. The Fire Commissioner, except as herein otherwise provided, shall appoint, as vacancies in said Department occur, all officers and members thereof, and classify and apportion them into grades to conform to such ordinances. (As added by L.L. 1928, No. 1; as amended by L.L. 1972, No. 1) § 127-d. Terms of office. All members of the Fire Department, subject to the power of removal hereinafter specified, shall hold their respective offices during good behavior or until by age or disability they shall become permanently incapacitated to discharge their duties. (As added by L.L. 1928, No. 1; as amended by L.L. 1961, No. 30)

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§ 127-e. Discipline. If a charge be made by any person against any officer or member of the Fire Department that he has been negligent or derelict in the performance of his official duties, or is incompetent or without capacity to perform the same, or is guilty of some delinquency seriously affecting his general character or fitness for the office, the charge must be in writing, in the form prescribed by the rules and regulations of the Fire Commissioner, and a copy thereof must be served upon the accused officer or member. The Commissioner shall then proceed to hear, try and determine the charge. The accused shall have the right to be present at his trial, and to be heard in person and by counsel and to give and furnish evidence in his defense. All trials shall be open to the public. The Commissioner has power to issue subpoenas, in his name, to compel the attendance of witnesses, and shall upon the oral application of the accused issue a subpoena on the behalf of the accused, leaving the space for the names of witnesses blank that he may fill in their names, upon any proceeding authorized by the rules and regulations of the Department, and any person served with a subpoena is bound to attend in obedience to the command thereof; and the Commissioner shall compel the attendance of witnesses and compel them to testify in the same manner as in the case of any officer or board authorized by law to issue subpoenas and take testimony. If the accused shall be found guilty of the charge made against him the Commissioner may punish him by reprimand, by forfeiting and withholding pay for a period not to exceed thirty days, or by dismissal from office. At any time within one year after the date of dismissal, any officer or member dismissed may make application to the Commissioner for reinstatement. Such application to the Commissioner for reinstatement must be in writing and contain a release of the City from all claims for back compensation. The Commissioner may, in his discretion, rehear and redetermine the charges and reinstate such officer or member, with or without an allowance of the whole or part of the time since such dismissal to be applied on his time of service in the Department, or may affirm such dismissal. At any time within one year after the date of resignation, any officer or member who has resigned may make application to the Commissioner for reinstatement and the Commissioner may, in his discretion, reinstate him, but the time between the date of resignation and reinstatement shall not apply on his time of service in the Department. (As added by L.L. 1928, No. 1) § 127-f. Appeal from determination of Commissioner. In case any such officer or member is aggrieved by the determination of the Commissioner on any trial of charges, as specified in the preceding section, he may within thirty days after the rendering of such determination, take an appeal therefrom on questions of law to the Appellate Division of the Supreme Court. An appeal taken, as prescribed herein, shall be perfected by the service of notice of appeal upon the Commissioner. He shall, within ten days thereafter, make and file with the County Clerk of Westchester County a complete return of the proceedings on such trial. For the use of the parties and Court on such appeal, the appellant shall cause a certified, or stipulated copy of said return to be printed and issued and all the rules and statutes concerning the correction and service and use of a printed case on appeal shall as far as appropriate be applicable to the correction, service and use on appeal of said records. (As added by L.L. 1928, No. 1)

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§ 127-g. (Reserved)7 § 127-h. Political activity prohibited. No officer or member of the Fire Department shall be a member of or delegate to any political convention, nor shall he be present at such convention except in the performance of duty relating to his position as such officer or member. He shall not solicit any person to vote at any political primary or election, nor challenge, nor in any manner attempt to influence any voter thereat. He shall not be a member of any political committee. Any officer or member violating any provision of this section shall be dismissed from office. (As added by L.L. 1928, No. 1) ARTICLE XI (Reserved)8 §§ 132 through 144. (Reserved)9 ARTICLE XI-A Department of Planning and Community Development (As added by L.L. 1969, No. 2; as amended in its entirety by L.L. 1977, No. 3; L.L. 1997, No. 6) § 145. Department established; Commissioner of Planning and Community Development. There shall be a Department of Planning and Community Development, the head of which shall be a Commissioner of Planning and Community Development, who shall be appointed by the Mayor to hold office during his pleasure. The Commissioner of Planning and Community Development shall appoint to hold office during his/her pleasure, except as otherwise provided by law, a First Deputy Commissioner of Planning and Community Development, a Second Deputy Commissioner of Planning and Community Development and such other subordinates in the said Department as may be prescribed by the Board of Estimate and Contract. In case of absence or disability of the Commissioner of Planning and Community Development or a vacancy in the office, the Deputy Commissioner of Planning and Community Development shall discharge the duties of the office until the Commissioner of Planning and Community Development returns, his disability ceases or the vacancy be filled. In case of an absence or disability of both the Commissioner of Planning and Community Development and the Deputy Commissioner of Planning and Community Development, the Mayor shall designate one of the administrators of the Division of Research and Grant Administrator and the Division of Planning to act in the place or stead of the Commissioner until either the Commissioner or Deputy returns, their disability ceases or their office is _____________________________________________________________________________________________________________ 7. Editor’s Note: Former § 127-g, Chief of Fire Department, as added by L.L. No. 1-1928 and amended by L.L. No. 1-1972, was repealed 5-9-1984 by L.L. No. 3-1984, which local law was approved by the Mayor 5-9-1984. 8. Editor’s Note: Former Article XI, Department of Public Health, consisting of §§ 132 through 144, inclusive, as amended, was repealed by L.L. 1980, No. 8. 9. Editor’s Note: Former § 144, Abatement of nuisance, as added by L.L. 1929, No. 2, and as amended by L.L. 1942, No. 3; L.L. 1962, No. 2; L.L. 1962, No. 5; L.L. 1964, No. 3; L.L. 1970, No. 2; L.L. 1972, No. 1, was deleted in its entirety from former Article XI and added in its entirety to Article IX as a new § 105-b by L.L. 1980, No. 7.

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filled. The Commissioner of Planning and Community Development shall be a professional, educated and experienced in the administration and techniques of planning, community development and grants administration. § 145-a. Powers and duties of Commissioner. The Commissioner of Planning and Community Development shall have the following powers and duties, which he shall exercise and perform subject to the provisions of law: 1. Formulate and recommend major development and redevelopment policies, in the form of statements, plans, maps and other appropriate material, to serve as reference guides with the object of achieving a development of the City that will be orderly, harmonious, economically sound, and of attractive appearance. Such policies shall relate, among other things, to: land use; population density; transportation facilities, including roads and highways; parks, recreation areas, and other open space; community appearance; and public buildings. 2. Advise and assist the Mayor, the City Council and the Board of Estimate and Contract, the Capital Projects Board and other departments, officials and agents of the City with respect to the physical, social, economic and environmental planning and public improvement aspects of all matters related to the development and redevelopment of the City. 3. Confer with the appropriate officials of federal, state or county governmental agencies, other municipalities or other agencies with respect to any matters affecting the orderly development of the City and to coordinate all applications for funds under any state or federal program. 4. Conduct continuous studies and collect statistical and other data to serve as the basis for planning recommendations, and as may be necessary in the exercise of the powers and the performance of the duties as set forth in this article. 5. Be the consultant of and advise the Planning Board and to attend each of its meetings and to provide assistance to it in all matters under its jurisdiction. 6. Administer the City’s on-street and off-street parking program, including collection of revenues from permits, usage of meters and parking lease agreements. 7. Perform such other functions as are assigned to him by the Mayor, or as may be required or empowered under any other provision of law not inconsistent with this article. ARTICLE XII Department of Law § 147. Corporation Counsel; assistants; subordinates. The Corporation Counsel shall be the head of the Department of Law. He shall appoint, to hold office during his pleasure, a First Assistant Corporation Counsel; a Second Assistant Corporation Council; a Third Assistant Corporation Counsel; a

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Fourth Assistant Corporation Counsel; a Fifth Assistant Corporation Counsel: and such other subordinates as may be prescribed by law, by this Charter, or by the Board of Estimate and Contract. In case of the absence or disability of the Corporation Counsel, or a vacancy in the office, the First Assistant Corporation Counsel may discharge the duties of the office until the Corporation Counsel returns, his disability ceases or the vacancy is filled. In case of the absence or disability of both the Corporation Counsel and the First Assistant Corporation Counsel, or a vacancy in both offices, the Second Assistant Corporation Counsel may discharge the duties of the Corporation Counsel until either the Corporation Counsel or the First Assistant Corporation Counsel returns, such disabilities or one of them, cease, or the vacancies, or one of them is filled. In case of the absence or disability of the Corporation Counsel and of each of the First Assistant Corporation Counsel and the Second Assistant Corporation Counsel or a vacancy in all three such offices, the Third Assistant Corporation Counsel may discharge the duties of the Corporation Counsel, until either one of the said officers return, such disabilities or one of them, cease, or the vacancies, or one of them is filled. In case of the absence or disability of the Corporation Counsel and of each of the First Assistant Corporation Counsel, the Second Assistant Corporation Counsel, and the Third Assistant Corporation Counsel, or a vacancy in all four of such offices, the Fourth Assistant Corporation Counsel may discharge the duties of the Corporation Counsel, until either one of the said officers return, such disabilities or one of them, cease, or the vacancies, or one of them is filled. In case of the absence or disability of the Corporation Counsel and of each of the First Assistant Corporation Counsel, the Second Assistant Corporation Counsel, the Third Assistant Corporation Counsel, and the Fourth Assistant Corporation Counsel, or a vacancy in all five of such offices, the Fifth Assistant Corporation Counsel may discharge the duties of the Corporation Counsel, until either one of the said officers return, such disabilities or one of them, cease, or the vacancies, or one of them is filled. (As amended by L.L. 1929, No. 4; L.L. 1932, No. 5; L.L. 1956, No. 1; L.L. 1969, No. 6) § 148. Powers and duties. The Corporation Counsel shall be and act as the legal advisor of the City Council, of the Mayor, and of the several officers, boards and departments of the City. He shall appear for and protect the rights and interests of the City in all actions, suits and proceedings brought by or against it or any of the City officers, boards or departments, and such officers, boards or departments shall not employ other Counsel, except as otherwise expressly provided in this chapter. He shall attend to all the law business of the City and discharge such other duties as may be prescribed by law or ordinance of the City Council.10 (As amended by L.L. 1961, No. 31; L.L. 1972, No. 1) § 149. Costs. Neither the Corporation Counsel, his Assistant nor any of his subordinates shall receive any fee or compensation of any kind for services rendered in an official capacity, other than the salary fixed by law or by the Board of Estimate and Contract. _____________________________________________________________________________________________________________ 10. Editor’s Note: See also Ch. 42, Notices of Claims.

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§ 150. Payment over of collections; docket. The Corporation Counsel shall pay over at once to the Comptroller all moneys collected by him for or in behalf of the City, including fines and penalties; and he shall annually, on the 31st day of December in each year, file with the Mayor of the City an inventory of all the books and property belonging to the City in his custody. He shall keep a docket in which he shall enter at length all actions and proceedings in which he shall appear for the City, and in which docket shall be shown at all times the condition of all such actions or legal proceedings. § 151. Certification and approval of contracts and conveyances. No written contract providing for the payment of five hundred dollars or more, entered by the City or any of its officers, boards or departments shall become effective or be acted under until there shall be endorsed thereon by the Corporation Counsel, or his Assistant a certificate to the effect that the City officer, board or department which has executed the same on behalf of the City, had authority and power to make such contract, and that such contract is in proper form and properly executed; he shall approve all deeds, conveyances, leases and abstracts of title affecting property acquired, conveyed to or leased by the City. § 152. Compromise of claims. The Corporation Counsel shall whenever he considers that the interests of the City will be subserved thereby, enter into an agreement in writing, subject to the approval of the Board of Estimate and Contract, to compromise and settle any claim against the City; and the amount shall constitute a valid obligation against the City; and the amount therein provided to be paid shall, with interest thereon from its date, be included in the next City tax budget; and be collected and paid the same in all respects as a judgment against the City. § 153. Employment of special counsel. The Corporation Counsel, with the written consent of the Mayor, may employ counsel and experts at such compensation as may be agreed upon by the Board of Estimate and Contract, to assist him in the argument and conduct of important cases or proceedings in which the City is interested or a party. § 154. Foreclosure of tax liens. Whenever any unpaid taxes and assessments levied against any property in the City and remaining unpaid more than three years shall have been certified by the Comptroller to the Corporation Counsel as herein provided the Corporation Counsel shall forthwith bring an action or actions in a court of record having jurisdiction of actions for the foreclosure of mortgages in the name of the City for the foreclosure of the lien of such unpaid tax or taxes and assessment or assessments upon such property. Such action or actions shall be brought and presented in the same manner as is provided for the foreclosure of mortgages and the provisions of law relating to actions for the foreclosure of mortgages shall apply to such actions, except as hereinafter provided. (As amended by L.L. 1933, No. 8)

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§ 155. Judgments in tax foreclosures. A conveyance upon a sale made pursuant to the final judgment in an action brought under this Article for the foreclosure of the lien of the tax or assessment shall vest in the purchaser all the right, title and interest or equity of redemption in and to said premises so sold of all the parties to said action and of all parties claiming under them, or any of them, whose conveyance or encumbrance is executed or recorded subsequent to the filing of the notice of pendency of action. § 156. Procedure in tax foreclosures. Separate taxes or assessments against the same lot or parcel of land, or against two or more lots or parcels of land, so certified to the Corporation Counsel may be foreclosed in one action or in separate actions, at the option of the Corporation Counsel. Whenever a cause of action, defense or counterclaim is made for the foreclosure of a lien for unpaid taxes or assessments, or is in any manner founded upon a lien for unpaid taxes or assessments, the production of evidence of the certification of the Comptroller to the Corporation Counsel as prescribed herein, shall be presumptive evidence that the lien for unpaid taxes or assessments certified by such an instrument was a valid or enforceable lien, and it shall not be necessary to plead or prove any act, proceeding, notice or action preceding the certification of such lien nor to establish the validity of the same. If a party or person in interest in any such action or proceeding claims that the lien for unpaid taxes or assessments is irregular or invalid or that there is any defect therein or that the certification is irregular, invalid, or defective, such invalidity, irregularity or defect must be specifically pleaded or set forth, and must be established affirmatively by the same party or person pleading or setting forth the same. In every action for the foreclosure of a lien for unpaid taxes or assessments, and in every action or proceeding in which a cause of action, defense or counterclaim is, in any manner, founded upon a lien for unpaid taxes or assessments, such lien shall be presumed to be valid, regular and effectual. All taxes and assessments due the City with the interest, fees, penalties and other lawful charges thereon, and which are a lien upon the lands sold, and all sums which the City may theretofore have paid for the purchase of the same lands at any prior sale for the nonpayment of taxes or assessments thereon made under any provisions of law existing at or prior to the time of the passage of this Act, and for which the City may hold a certificate or lease, with interest at the rate of eight per centum per annum from the date of every such prior sale, respectively, and all expenses incurred thereon by the City shall be satisfied from the proceeds of the sale of said lands as far as possible, and a judgment for the deficiency, if any, must be granted against any defendant or defendants in said actions personally liable therefor; and the final judgments in said actions may direct the cancellation or satisfaction of record of any lien or liens of any party or parties to the action. No such action shall be discontinued by the court upon motion of any defendant therein, unless it be upon condition that he pay to the City of Mount Vernon all the sums of money it would be entitled to receive in such action if it were prosecuted to judgment and sale, except that the interest and costs shall, in such event, be computed only to the date of the making of the order of discontinuance. The Corporation Counsel may bid for and purchase in the name of the City any lands sold upon sales under judgments in actions to foreclose tax or assessment liens. (As amended by L.L. 1933, No. 8) § 157. Costs in foreclosure actions.

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Costs in any foreclosure action brought under the provisions of this Charter shall be in the discretion of the court but in no event shall costs exceed the amount allowable in an action to foreclose a mortgage for an equal amount. The award of costs in any action shall carry with it the right to recover taxable disbursements, the amount expended for a search of the title to real property by a title company authorized to do business as such by the laws of the State of New York, together with such amount as the court shall allow for searches and investigation as to necessary parties defendant. In the event that the owners of one or more parcels are joined as defendants, the judgment of foreclosure and sale may provide for an equitable division of the costs and disbursements against each parcel to be sold in said judgment provided. (As amended by L. 1923, Ch. 617; L.L. 1933, No. 8) § 158. Limitations. In any action or proceeding to which the City of Mount Vernon, or any of its officers, is a party, and in which it is claimed that any tax or assessment is due and owing to the City, or in which it is sought to collect the same, the statute of limitations shall not be a bar or defense. No action shall be maintained to recover real estate sold under a judgment in an action brought by the City of Mount Vernon to foreclose the lien of a tax or assessment, nor to recover any right, title, interest or equity of redemption in or to real estate so sold, unless the action therefor is commenced within one year after the entry of judgment of foreclosure and sale. The limitation herein provided applies to and bars nonresident persons temporarily absent from the state, minors, insane persons, persons in prison, and all other persons and corporations whether under disability or not. § 159. Pending proceedings. Nothing contained in this Act shall in any way interfere with or impair the rights of the City of Mount Vernon in any action pending at the time this Act takes effect to enforce the collection of unpaid taxes and assessments, pursuant to the provisions of any existing law. § 160. Judgments against the City. The amount of any judgment recovered against the City and payable by it, remaining unpaid, with the interest due thereon, in case the time to appeal therefrom has expired and no appeal has been taken, or a certificate of no appeal therefrom has been given by the Corporation Counsel, or in case such judgment is finally affirmed, or an appeal taken and the execution thereon shall not be stayed, shall be reported to the City Council immediately after the same shall have become payable, as aforesaid; and the amount thereof shall be included in the next tax budget. Such judgments shall be paid in the order of their recovery out of the moneys first paid into the City treasury on account of the annual taxes, or prior thereto, out of the proceeds of tax anticipation notes issued in anticipation of the collection of such taxes or out of the proceeds of budget notes. If, however, there be any moneys in the treasury to the credit of any fund derived from City revenues, other than taxation, in excess of the estimated revenues from such source, and not otherwise appropriated, sufficient to satisfy judgments against the City, the Comptroller shall issue warrants for the payment of such judgment out of said funds in the order of their recovery. Until the moneys applicable to the payment of a

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judgment have been raised and paid into the City treasury and payment of the judgment has been refused, no execution shall issue against the City unless the amount of such judgment shall not have been included in the tax budget. (As amended by L. 1943, Ch. 710; L. 1945, Ch. 839; L.L. 1972, No. 1) § 161. Police to aid Corporation Counsel. It shall be the duty of every member of the police force of the City, observing or having any knowledge of an accident from which a cause of action might arise against the City, to report forthwith the fact of such accident to the Chief of Police who shall thereupon report the same to the Corporation Counsel; and upon the request of the Corporation Counsel, the Chief of Police shall detail a member of the force to aid the Corporation Counsel in the investigation of any such accident. ARTICLE XIII Tax Liens (As added by L.L. 1945, No. 4) § 162-a. Sales of tax liens; proceedings. In addition to the right of the City to foreclose its lien for taxes as provided for in its Charter and the general laws, the right of the City to receive taxes, assessments and water rents and the lien thereof, may be sold by the City, and after such sale, shall be transferred in the manner provided by this Article. In this Article, unless the context otherwise requires, the word “tax” shall be interpreted as including water rents, expenses incurred in repairing, grading and removing snow and ice from sidewalks, assessments and all other items inserted in the annual tax rolls and made a part of the annual tax upon lands and tenements thereon. The right and lien so sold shall be called “tax lien” and the instrument by which it is assigned shall be called “transfer of tax lien.” In each year not later than the last Tuesday of June, whenever any tax of lands or tenements or any portion thereof or any assessments on lands or tenements for local improvements, or any portion thereof, shall remain unpaid for the term of two years from the time the same shall have been fully confirmed, so as to be due and payable, the Comptroller shall advertise such tax liens on the said lands and tenements or any portion thereof, for sale, including in such advertisement the tax liens for all items up to a day named in the advertisement, and by such advertisement the owner or owners of such lands and tenements respectively shall be required to pay the amount of such tax or assessment with the penalties thereon so remaining unpaid, together with the interest thereon at the rate of eight per centum per annum to the time of payment, with the charges of such notice and advertisement, to the said Comptroller and notice shall be given by such advertisement that if default shall be made in such payment, the tax lien on such lands and tenements will be sold at public auction at a day and place therein to be specified, but not later than the last Tuesday of June of each year, for the lowest rate of interest, not exceeding ten percentum per annum, at which any person or persons shall offer to take the same in consideratien of advancing the said tax, assessment and penalties as the case may be, the interest thereon as aforesaid to the time of sale, the charges of the above-mentioned notices and advertisement and all other costs and charges accrued thereon; and if, notwithstanding such notice, the owner or owners shall refuse or neglect to pay such tax, assessment and

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penalties, with the interest aforesaid, and the charges attending such notice and advertisement, then it shall and may be lawful for the said Comptroller to cause such tax lien on such lands and tenements to be sold at public auction, for the purpose and in the manner expressed on the said advertisement, and such sale shall be made on the day and at the place for that purpose mentioned in the said advertisement, and if necessary, shall be continued from time to time in the discretion of the Comptroller. Where in addition to the tax and/or assessment unpaid for a term of two years, there are assessments and/or installments of assessments and/or taxes unpaid for the term of one year from the time the same have been confirmed on the same lands and tenements, the Comptroller may also advertise and sell the said tax liens at the same time and in the case of unpaid installments on the assessments, the entire amount of the unpaid assessments may be sold at the same time; but should payment be made of the tax liens in arrears for two years as herein provided, the tax lien in arrears for one year shall be withdrawn from the said sale. § 162-b. Notice of sale. The tax lien on houses or lots, or improved or unimproved lands in the City of Mount Vernon shall not be hereafter sold at public auction for the nonpayment of any tax or assessment which may be due thereon, unless notice of such sale shall have been published once in each week for the four weeks consecutive next preceding the date fixed for said sale in the official newspaper of the City, which advertisement shall contain, appended to said notice, a statement of the property, the tax lien on which is to be sold by giving the block and lot number or numbers thereof, according to the designation thereof on the Official Assessment Map of the City of Mount Vernon. On the said statement and description, instead of being published in the official newspaper of the City, shall, at the option of the Comptroller, be printed in a pamphlet, in which case copies of the pamphlet shall be desposited in the office of the Comptroller and shall be delivered to any person applying therefor. And the notice provided for in this section to be given of the sale of tax liens on houses and lots and improved and unimproved lands shall also state that the statement of the taxes and assessments and the property taxed or assessed is published in the official newspaper of the City, or in a pamphlet, as the case may be, and that copies of the pamphlet are deposited in the office of the said Comptroller and will be delivered to any person applying for the same. No other notice or demand of the tax or assessment shall be required to authorize the sale of tax or assessment liens on any lands or tenements as hereinbefore provided. The Comptroller may cancel any certificate or lease for unpaid taxes or assessments held by the City of Mount Vernon or to which the City has acquired the right, and upon such cancellation the lien of tax or assessment shall be the same as if no sale for such unpaid tax or assessment had been made. Where the tax liens are for taxes and/or assessments for more than one year, the total amount plus accrued interest shall be stated in the notice published or printed and it shall not be necessary to include in the statement separately the tax and/or assessment for each year. Where an installment for any assessment is unpaid for two years, the entire amount of the unpaid assessment may be sold. § 162-c. Additional sales in discretion of Comptroller. In addition to the annual sale of tax liens as herein provided, the first sale under this Article to be held in the year 1946, in the discretion of the Comptroller, more

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than one sale of tax liens or assessments may be held in any one year, in which case the Comptroller shall adopt the same course of procedure as set forth herein, and offer such liens for sale on the last Tuesday of any month. § 162-d. Postponement of sales. It shall be lawful for the Comptroller to suspend or postpone any sale or sales of tax or assessment liens on lands and tenements or any portion thereof which shall have been advertised for sale, to any time not exceeding six months. All sales which shall be so postponed or suspended may be made without further advertisement, other than a general notice of such postponement, to be published in the official newspaper of the City. § 162-e. Sales of tax liens to be conducted by Comptroller. The Comptroller or his Deputy shall conduct the sales hereinbefore provided to be made and no auctioneer other than the Comptroller or his Deputy shall be employed to make such sale and no auctioneer’s fees shall be charged thereon. The Comptroller shall require from each purchaser of a tax or assessment lien at the time of such a sale a deposit on account of ten per centum of the amount of the tax lien purchased by him, and not later than fifteen days from the date of the sale, the balance shall be paid to the Comptroller at his office. If no bid shall be received for a tax lien offered for sale, the Comptroller for and on behalf of the City of Mount Vernon may bid in the said tax or assessment lien, and upon such bid no deposit or payment in cash shall be required from the City. When the City has bid in any tax or assessment lien, a transfer of tax or assessment lien to the City may be executed by the said Comptroller in the form and manner prescribed for other transfers of tax liens, and the City shall have the same rights in, to and under such transfer of tax or assessment liens as if the same had been bought by any other person. Transfer or tax or assessment liens shall be made and delivered to the purchaser without charge upon payment of the amounts therein shown to be due. In case any purchaser shall not complete his purchase in accordance with the terms prescribed as herein provided, then the amount deposited by him at the time of the sale shall be forfeited to the City, and the entire tax or assessment lien upon the lands affected by such purchase shall be sold again. Such resale shall be held at such time as the Comptroller may direct and shall be advertised in the official newspaper of the City, in such manner and for such time, not less than two weeks, as the Comptroller may direct. All deposits forfeited as aforesaid shall be paid into the general fund of the City of Mount Vernon. § 162-f. Transfer of tax liens. A transfer of tax lien shall operate to transfer and assign the tax lien upon the lands or tenements described therein for the taxes and assessments and penalties and interest thereon, and the charges of the notices and advertisement given pursuant to § 162-b of this Act, and all other costs and charges, so advertised for sale, free of all taxes, assessments and water rents which accrued before the day of the date mentioned in the advertisement of the sale as stated therein, and to create a lien upon the property affected thereby for the interest to which the purchaser may be entitled under his bid, but subject to the lien for and right of the City to collect and receive all taxes and assessments which accrued or which became a lien

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on and after the day of the date of the first advertisement of such sale as stated therein. A transfer of tax lien shall contain a transfer and assignment by the City of the tax or assessment lien sold to the purchaser, the date of the sale, the aggregate amount of the lien so transferred, and the items of taxes, assessments, penalties and interest composing the tax or assessment lien, the annual rate of interest which the purchaser has bid and will be entitled to receive, the date when the amount of the tax or assessment lien will be due, and a description of the real property affected by the tax or assessment lien, and shall refer for certainty to the designation of said lot on the Official City Map, by its lot number and the number of the block and section in which it is contained, and such other identifying description as the Comptroller may deem proper to add. Each transfer of tax or assessment lien shall be subscribed by or in behalf of the Comptroller making the sale or a successor in office of such Comptroller and shall be acknowledged by the officer subscribing the same in the manner in which a deed is required to be acknowledged to be recorded in the county in which the real property affected is situated. The Comptroller may assign any transfer of tax or assessment liens made and delivered to the City upon payment of the amount thereof with interest at the rate bid to the time of such assignment. § 162-g. Record of transfer of tax liens. The Comptroller shall keep in his office a public record of sales of tax and assessment liens and a copy of each transfer of such liens issued by him. Assignments of transfer of tax or assessment liens duly acknowledged may be filed and recorded in the office of the Comptroller. A transfer of tax or assessment lien and any assignment thereof, duly acknowledged, shall be deemed conveyances under Article 8 of the Real Property Law, and may be recorded in the office of the recording officer of any county in which the real property which it affects is situated. Transfers of tax and assessment liens and all assignments thereof shall be recorded by recording officers in the same manner as mortgages and assignments thereof, but without payment of tax under Article 14 of the Tax Law. The record in the office of the Comptroller of sales of tax or assessment lien, of a transfer of tax or assessment lien, and of a copy of a transfer of tax or assessment lien, and of an assignment of a transfer of tax or assessment lien; a record of a transfer of tax or assessment lien in the office of a recording officer, and of an assignment of tax or assessment lien, duly acknowledged, in the office of the recording officer, shall be evidence in any court without further proof. A transcript of any record enumerated in this section, duly certified, shall be evidence in any court with like effect as the original instrument of record. Neither the tax or assessment lien nor the rights transferred or created by a transfer of tax lien shall be impaired by failure of a recording officer to record a transfer of tax lien made by the City through the Comptroller. Unless a contrary intent appears, a tax or assessment lien shall be presumed to be satisfied and discharged whenever it shall appear from recorded instruments that the tax lien has been transferred or assigned to the owner of such lands or tenements, notwithstanding other intervening estates or liens. § 162-h. Rights of purchaser of tax liens. The aggregate amount of each tax or assessment lien transferred pursuant to this Article shall be due three years from the date of the sale. Until such aggregate amount is fully paid and discharged, the holder of the transfer of tax or assessment lien shall be entitled to receive interest on the aggregate amount from the date of

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sale, semiannually on the first day of January and July at the rate which the purchaser shall have bid. At the option of the holder of any transfer of tax or assessment lien, the aggregate amount thereof shall become due and payable after default in the payment of interest for ninety days or after default for one year after the delivery of the transfer of tax lien, in the payment of any taxes or assessments which became a lien on and after the day of the date mentioned in the advertisement of the sale stated therein, of the tax or assessment lien transferred by such transfer of tax lien, except that in the event that the City of Mount Vernon becomes the owner of a tax or assessment lien, the aggregate amount thereof shall become due and payable after default in the payment of interest for ninety days or after default for thirty days in the payment of any tax or assessment, which became a lien on said property after the date of the tax lien sold. Any person having a legal or beneficial interest in property affected by a transfer of tax or assessment lien may satisfy the same before maturity upon giving ten days’ notice in writing to the holder thereof of the day on which payment will be made and upon payment of the principal with interest at the rate bid to a time two months after the date so fixed for payment. If notice of intention to make payment be given as herein provided, and such payment be not made, then the whole amount of any tax or assessment lien concerning which such notice shall have been given shall become due and payable at the option of the holder thereof. Or any such person may pay to the Comptroller such principal with interest at the rate bid up to a day three months after such payment. In case such payment be made to the Comptroller, he shall receive the same for the benefit of the holder of the transfer of tax lien thus discharged, and shall give notice thereof to the purchaser or the personal representative or assignee of the purchaser, by mail, addressed to such address as may have been furnished to the Comptroller. Upon receiving surrender of such transfer of tax lien, the Comptroller shall pay the amount thus deposited to the person, who according to the records in his office, appears to be entitled thereto, or to the personal representative of such person, except when any party to an action to foreclose a tax lien or any purchaser or person having an interest in the premises may file a written notice that an action for that purpose is pending with the Comptroller, and thereafter said Comptroller shall not be authorized to discharge said lien or receive any sum or sums of money for that purpose unless the party desiring to satisfy the same shall pay the amount of such tax lien, with interest to the date of payment, and all other taxes, tax liens or charges against the premises, and also all costs, charges and disbursements in the foreclosure action to the date of payment; or shall file with the said Comptroller the original transfer of tax lien and a satisfaction thereof duly executed by the plaintiff in the action. § 162-i. Discharge of tax liens. A tax or assessment lien sold pursuant to the provisions of this Article must be discharged upon the record thereof by the Comptroller when payment is made to him of the principal and interest as provided in the last preceding section, and also when such transfer of tax lien is surrendered to him for cancellation and there is presented to him a certificate executed by the purchaser or his personal representative or assignee of the purchaser, acknowledged so as to be entitled to be recorded in the county in which the real property affected by such transfer of tax lien is situated, certifying that the tax and assessment lien has been paid or has been otherwise satisfied and discharged. The transfer of tax or tax assessment lien thus surrendered and such certificate of discharge must be filed by the Comptroller and he must note upon the margin of the record of such sale, upon such transfer of tax or assessment liens and upon the copy of such transfer of tax liens kept in his

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office, a minute of such discharge and the date of filing thereof. If such transfer of tax lien shall have been lost or destroyed or mutilated, if payment be made to the Comptroller, if a certificate of discharge be filed as hereinafter provided, application for an order dispensing with the surrender of such transfer of tax lien may be made in the same manner as is provided in Section 321 of the Real Property Law, the provisions of which, so far as the same may be, are hereby made applicable to discharge of tax or assessment liens. The Comptroller shall upon demand issue his certificate showing the discharge of any tax lien which may have been duly discharged as provided in this section, and such certificate may be filed in any office where the transfer of tax liens is recorded, and any recording officer with whom such a certificate is filed shall record the same and upon the margin of the record of such transfer of tax or assessment lien in his office shall note a statement that the same has been discharged with a reference to the record of such certificate in his office. § 162-j. Procedure when no bid for a tax lien is received. If no bid be received for a tax lien on any parcel of property at a duly advertised sale and it shall appear to the Comptroller that the taxes, assessments, penalties and accrued interest amount to so large a proportion of the value of the property that the security is insufficient to attract bidders, then and in that event, the Comptroller may bid in the lien on behalf of the City for execution and delivery of transfer of tax lien and future foreclosure of said transfer of tax lien by the City. Or the Comptroller, President of the City Council and the Commissioner of Assessment and Taxation may investigate the facts and may subject to the approval of the City Council and Board of Estimate and Contract, fix a lesser amount for which in their judgment a tax lien bearing ten-per-centum interest can be sold. A certificate in writing, signed by them, shall be filed with the Comptroller setting forth the amount so determined by them, together with a brief statement of the reasons for such reduction, which certificate shall include, the total amount of the taxes, assessments, water rents, penalties and accrued interest, the assessed value of said property as the same appears on the last preceding assessment roll. Thereafter such reduced amount shall constitute the tax lien upon said real property for the items therein enumerated, unless the same be increased as thereinafter provided which reduced amount shall bear interest at the rate of eight per centum per annum from the date of such certificate until fully paid, or until the tax lien thus fixed, together with the lien for any other taxes, assessments, water rents, and penalties and interest becoming liens thereafter shall be sold. In the event that the Comptroller adopts this latter course of procedure, of fixation of lien of tax at a reduced amount, then said Comptroller shall forthwith advertise the tax or assessment lien for such reduced amount for sale to the highest bidder in the manner provided for the advertisement for the sale of ordinary tax liens. Such lien shall bear interest at ten per centum and shall be sold to the person bidding the highest amount of money in excess of the reduced amount so fixed by the Comptroller, President of the City Council and Commissioner of Assessment and Taxation, provided, that if the bidding reaches the original amount of the tax lien on the real property affected, together with all interest and penalties thereon, the sale shall proceed in the manner provided in § 162-d. If such tax lien be sold for a sum greater than the reduced amount fixed as aforesaid with the interest and penalties thereon, then such greater amount shall be considered the tax lien upon the real property affected thereby. (As amended by L.L. 1972, No. 1)

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§ 162-k. Sale for less than amount of lien. If at any time prior to the sale of real property in an action by the City to foreclose its lien for taxes or a transfer of tax lien, it shall be determined by the Comptroller, the President of the City Council and the Commissioner of Assessment and Taxation that the property is not reasonably worth and will not sell for a price sufficient to pay all of the taxes, assessments, water rents and charge against the property and the expenses of foreclosure and sale, they are hereby authorized and empowered to fix a fair market price for the same, and the Corporation Counsel or Comptroller shall not be obligated to bid above the price so fixed and said Comptroller hereby is further authorized and empowered to cancel all of the taxes, assessments, water rents and charges against the same upon receiving payment of the amount so fixed. The said determination of the Comptroller, President of the City Council and Commissioner of Assessment and Taxation shall be stated in writing, shall be approved by the City Council and Board of Estimate and Contract and shall be filed in the office of the Comptroller, prior to sale thereof. (As amended by L.L. 1972, No. 1) § 162-l. Sale of lien for less than its face value. When in the opinion of the Comptroller, President of the City Council and Commissioner of Assessment and Taxation, it appears advantageous to sell or discharge any tax lien or transfer of tax lien owned by the City for an amount less than the face value thereof, they shall so certify to the City Council in writing specifying the amount for which they recommend the lien shall be sold or discharged. Upon approval of said recommendation by the City Council and Board of Estimate and Contract, the Comptroller may sell or discharge the said lien for the amount so specified. (As amended by L.L. 1972, No. 1) § 162-m. Corporation Counsel to protect interest of City. It shall be the duty of the Corporation Counsel to protect the interest of the City in all matters, actions and proceedings relating to tax liens and transfer of tax liens; to intervene on behalf of the City or of the holder of a transfer of a tax lien in, or to make the City a party to any action in which he believes it to be to the interest of the City so to do, by reason of any matter arising under or relating to any tax lien or transfer of tax lien, or advertisement of sale of tax liens. § 162-n. Lost transfer of tax lien. Whenever any transfer of tax lien given by the Comptroller as in this Article provided, shall be lost, the Comptroller may receive evidence of such loss, and on satisfactory proof of the fact may execute and deliver a duplicate to such person or persons who appear entitled thereto, and may also in his discretion, require a bond of indemnity to the City of Mount Vernon. ARTICLE XIV City Court § 173. City Court of Mount Vernon continued.

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The City Court of Mount Vernon as now existing is hereby continued. § 174. Civil jurisdiction. The City Court of Mount Vernon shall remain a court of record. The territorial jurisdiction of the City Court in civil cases shall extend throughout the County of Westchester, and, except as hereinafter provided, the Court shall have jurisdiction, extending to the following civil actions and proceedings: (1) Actions against natural persons, associations, or against foreign or domestic corporations, executors, administrators, guardians, trustees or any other persons or corporations acting in a fiduciary capacity wherein the complaint demands a judgment for a sum of money only, or to recover one or more chattels, with, or without damages for the taking, withholding or detention thereof. (2) Actions to establish a mechanic’s lien on real property where the real property to which the action relates is within the City, and to recover a personal judgment for the amount due. An execution issued to the Sheriff or Marshal in an action to establish a mechanic’s lien shall authorize and direct the Sheriff or Marshal to sell the right, title and interest of the owner of the premises upon which the lien set forth in the complaint existed when the notice of lien was filed. (3) Actions to foreclose a lien upon a chattel where the lien does not exceed six thousand dollars in amount and the chattel is found within the County of Westchester, State of New York, as specified in Sections 206, 207, 208 and 210 of the Lien Law. For the purposes of this section a chattel mortgage to secure the payment of a loan of money or other debt, or the purchase price of chattels as well as a contract of conditional sale of personal property and a hiring of personal property, where title is not to vest in the person hiring until payment of a certain sum, shall be deemed a lien upon a chattel, and an action to foreclose such a lien may be maintained. (4) Summary proceedings authorized by the Civil Practice Act of the State of New York to recover possession of real property situated wholly or partly within the City of Mount Vernon. (5) To issue or vacate a requisition to replevy, a warrant of attachment, a warrant to seize a chattel and an order of arrest; to grant or vacate a stay of execution or of other proceedings, including a warrant in summary proceedings to recover possession of real property, provided that in summary proceedings no stay shall be granted for more than five days except that in addition to the foregoing, upon the rendering of a final order in summary proceedings, a stay of the execution of the warrant may be granted for not more than thirty days, if the tenant shall make a deposit in Court of the amount of the rent for the period of the stay at the rate fixed by the landlord for the month immediately prior to the rendering of the final order which deposit shall be paid to the landlord or his agent by the Clerk of the Court; to render judgment in action, or to make a final order in a summary proceeding, upon confession or upon the consent of both parties; to render judgment on confession, without an action. (6) Of actions and summary proceedings within the limitations herein set forth, by or against the City of Mount Vernon, by or on behalf of the people of the State of New York; by or against a domestic or a foreign corporation; by or against a

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domestic or foreign executor or administrator in his representative capacity; by or against a committee of an incompetent. (7) To provide systems of conciliation and arbitration and to enter judgment upon an award of arbitrators. (8) Of actions and proceedings of which the City Court of Mount Vernon had jurisdiction on the 15th day of March, 1930. (9) To enter judgment on default on a complaint, petition or counterclaim demanding liquidated damages without taking an inquest, where a party has appeared in an action or proceeding but does not appear at the time set for the trial thereof. Where the complaint, petition or counterclaim in such action or proceeding is verified, such judgment may be entered forthwith; otherwise an affidavit, verified by a person entitled to verify the complaint, petition or counterclaim in such action or proceeding, shall be filed in the office of the Clerk, setting forth facts entitling the plaintiff or defendant, as the case may be, to a judgment. (As amended by L. 1930, Ch. 750; L. 1944, Ch. 634; Subdivision 3 only amended by L. 1955, Ch. 169, § 1; Subdivision 1 only amended by L. 1958, Ch. 815, § 1) § 175. Limitations on jurisdiction. The jurisdiction conferred by the preceding section, in any action commenced in said City Court, is subject to the following limitations and regulations: (1) In an action for the recovery of money only, the sum for which the complaint or counterclaim demands judgment shall not exceed six thousand dollars and costs as taxed, except where it is brought upon a bond or undertaking given in an action or a special proceeding in the same Court or before the City Judge or Associate City Judge, and except where an action is brought upon the bond of a Marshal of the City of Mount Vernon. Where the action is brought upon such bond or other contract, the judgment must be for the sum actually due, without regard to the penalty therein contained; and where the money is payable in installments, successive actions may be brought for the installments as they come due. (2) In an action to recover one or more chattels, with or without damages for the taking, withholding, or detention thereof, the value of the chattel or chattels for which the complaint or counterclaim demands recovery shall not exceed six thousand dollars. (3) In an action to establish a mechanic’s lien on real property the amount of lien sought to be established in the complaint or counterclaim shall not exceed the sum of six thousand dollars. (4) The Court has no jurisdiction in an action unless one of the parties thereto resides in the City of Mount Vernon, or a warrant of attachment is granted to accompany or precede the summons and levied upon property of the defendant within the City; or unless the action be for the recovery of a statutory penalty or penalties by the City of Mount Vernon or any of its officers or departments; or unless the real property upon which a mechanic’s lien is sought to be established, or the chattel upon which a lien is sought to be foreclosed, is situated within the City of Mount Vernon. For the purpose of this section, however, an individual, who does

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not reside within the City of Mount Vernon, having a place for the regular transaction of business in the City, and a corporation which transacts its general business, or keeps an office, or has an agency established by law, within the City of Mount Vernon, shall be deemed to reside within the City of Mount Vernon. (As amended by L. 1930, Ch. 750; L. 1932, Ch. 611; L. 1944, Ch. 634; Subdivisions 1, 2 and 3 only amended by L. 1955, Ch. 169, § 2; Subdivision 1 only amended by L.L. 1968, No. 6) § 176. Jurisdiction in special proceedings. (Repealed by L.L. 1980, No. 2) § 177. Process. (Repealed by L.L. 1980, No. 2) § 178. Criminal jurisdiction. (Repealed by L.L. 1980, No. 2) § 179. Jury terms in criminal cases.* The City Judge may, by rule, provide that jury terms be established from time to time to try civil and criminal cases. (As added by L. 1958, Ch. 815, § 4) § 180. City Judge. The City Judge shall be the Judge of the City Court of Mount Vernon. He shall not hold any other public office, elective or appointive, or practice law or act as referee, arbitrator or receiver, but shall devote his whole time and capacity, so far as the public interest demands, to the duties of his office. (As amended by L. 1959, Ch. 442) § 181. Subordinates. The City Judge shall appoint, to hold office during his pleasure, except as otherwise provided by law, a Clerk of the City Court, who shall also be Clerk of the Court of Special Sessions in the City of Mount Vernon, a stenographer, a Marshal and such other employees as he deems necessary for the proper conduct of the business of the City Court, provided that the position of each employee has been authorized and the salary thereof fixed by the Board of Estimate and Contract. The City Judge shall be in responsible charge of all matters of the City Court and shall have all authority necessary for the proper conduct of the business of said Court. _____________________________________________________________________________________________________________ *

Editor’s Note: Unofficial caption.

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§ 181-a. Clerk; duties and powers. In addition to the powers now possessed by the Clerk of the City Court, he shall have the following additional powers: 1. He shall keep the seal of the Court and affix it to such papers and documents as he shall be required to certify. 2.

He shall keep the books, papers and records of the Court.

3. He shall be the custodian of, and deliver to his successor in office, all books, records and papers, filed in his office, and the official seal of the Court. 4. He shall have the power to administer oaths, to take depositions and acknowledgments, to receive verdicts of juries and in proper cases to adjourn causes, and when no Judge appears, he shall adjourn causes to the next judicial day. 5. He shall take information for the issuance of warrants of arrest by the City Judge, make and sign transcripts of judgment, executions, commitments and certificates of conviction. 6. Court. 7.

He shall collect and receive all fees, fines and penalties paid into the He shall perform all other duties inherent in the position of Clerk.

(As added by L. 1958, Ch. 815; § 3) § 182. Associate City Judge. (Repealed by L.L. 1980, No. 2) § 183. Powers of City Judge. (Repealed by L.L. 1980, No. 2) § 184. Removal of causes of action. (Repealed by L.L. 1980, No. 2) § 185. Summons. (Repealed by L.L. 1980, No. 2) § 185-a. Method of serving summons. (Repealed by L.L. 1980, No. 2)

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§ 186. Pleadings. (Repealed by L.L. 1980, No. 2) § 187. Practice. (Repealed by L.L. 1980, No. 2) § 187-a. Judicial notice.11 (Repealed by L.L. 1980, No. 2) § 188. Note of issue. (Repealed by L.L. 1980, No. 2) § 189. Notice of motion. (Repealed by L.L. 1980, No. 2) § 190. Terms. (Repealed by L.L. 1980, No. 2) § 191. Decision. (Repealed by L.L. 1980, No. 2) § 192. New trials; defaults. (Repealed by L.L. 1980, No. 2) § 193. Rules of civil practice. (Repealed by L.L. 1980, No. 2) § 194. Motions addressed to the pleadings. (Repealed by L.L. 1980, No. 2) § 195. Process; how directed. _____________________________________________________________________________________________________________ 11. Editor’s Note: Unofficial caption.

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(Repealed by L.L. 1980, No. 2) § 195-a. Process; where service may be made. (Repealed by L.L. 1980, No. 2) § 196. Civil practice, general provisions. (Repealed by L.L. 1980, No. 2) § 197. Jury trials; summoning special jury. (Repealed by L.L. 1980, No. 2) § 197-a. Jury trial in criminal cases. (Repealed by L.L. 1980, No. 2) § 198. Jury fund. (Repealed by L.L. 1980, No. 2) § 199. Jury list. (Repealed by L.L. 1980, No. 2) § 200. Drawing and summoning jurors. (Repealed by L.L. 1980, No. 2) § 201. Jurors’ fees. (Repealed by L.L. 1980, No. 2) § 202. Exemption from future service. (Repealed by L.L. 1980, No. 2) § 203. Fines for nonattendance. (Repealed by L.L. 1980, No. 2) § 204. New drawing.

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(Repealed by L.L. 1980, No. 2) § 205. City Court Marshal. There shall be a Marshal of the City Court of Mount Vernon, who shall, before entering upon the discharge of his duties, take, subscribe and file with the City Clerk the constitutional oath of office. He shall also execute an official bond in the penal sum of three thousand dollars with at least two sufficient sureties to be approved by the City Judge, in which he and his sureties shall jointly and severally answer to the City of Mount Vernon and agree to pay each and every person who may be entitled thereto all such sums of money as the said Marshal shall become liable to pay on account of any execution or attachment delivered to him. When approved by the City Judge, the said bond shall be filed with the City Clerk, and may be prosecuted by any person who shall suffer any loss by reason of the default or doing of said Marshal by the discharge of the duties of his office. Said bond may, however, be executed by the Marshal and a surety company, subject to the approval of the City Judge and to all the requirements hereinabove set forth. The said Marshal shall, in said Court, perform the same duties as are performed by Sheriffs in other courts of record and shall have power to execute all process of said Court in the same manner as the process in other courts of record are executed by the Sheriff. The City Judge may at any time require him to file new bonds, and may suspend such Marshal until such bonds are approved and filed. (As amended by L. 1930, Ch. 750) § 205-a. Deputy and Assistant Deputy Marshals. The City Judge may appoint a Deputy Marshal, who shall receive such compensation as may be fixed by the Board of Estimate and Contract. The City Judge may also appoint a First Assistant Deputy Marshal and a Second Assistant Deputy Marshal who shall, when assigned by the City Judge to duties in the City Court, receive per diem compensation to be fixed by the Board of Estimate and Contract, which per diem compensation shall not exceed the salary per diem fixed for the Deputy Marshal. Other than for the performance of in-court duties when assigned thereto by the City Judge, each of the Assistant Deputy Marshals shall receive a share of the fees received by the City Marshal for the services performed by him for the City Marshal. The Deputy Marshal and the Assistant Deputy Marshals shall take and file the constitutional oath of office and file the same in the City Clerk’s office and shall perform such duties as may be assigned them by the City Marshal, or in his absence or disability by the Deputy Marshal. In the absence or disability of the Marshal, the Deputy Marshal shall have and exercise all the powers and duties of the Marshal, and the Deputy Marshal and Assistant Deputy Marshals when performing the duties of the Marshal shall have and exercise all the powers and duties of the Marshal. (As added by L. 1930, Ch. 750; as amended by L. 1955, Ch. 169, § 6; L.L. 1976, No. 3)

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§ 206. Powers and duties of Marshal. The authority of the Marshal extends throughout the County of Westchester. All acts to be done and performed by the Sheriff may be done by the Marshal of the City Court, and all moneys paid by the Sheriff or Marshal into the Court shall be paid to the Comptroller to the credit of the action, and subject to the order of the Court. The Marshal of the City Court of Mount Vernon shall have and possess the same powers in relation to all matters and proceedings in the Court of Special Sessions of the City of Mount Vernon, and be empowered to perform the same duties therein as the Sheriff of Westchester County, or any constable or policeman of said City. The Marshal shall keep a record of his official acts in such manner as shall be prescribed by the City Judge, and such records shall be open to the inspection of the City Judge and such officers and employees of the Court as may be designated by the City Judge. (As amended by L. 1930, Ch. 750) § 207. Fees of Marshal. The said Marshal shall be entitled to the same fees as the Sheriff of Westchester County, for like services, to be paid by the party requiring said services, but the said Marshal shall receive no fees or compensation for the service of any criminal process issued out of said City Court, and it shall be the duty of the police officers of said City to execute all such process. The Marshal of the City Court or the Sheriff of Westchester County shall receive for summoning a jury the sum of two dollars, and for attending the Court and jury in each case tried by jury, one dollar, which fees shall be paid by the Clerk of said Court out of the jury fund. § 208. Deficiencies in jury fund. (Repealed by L.L. 1980, No. 2) § 209. Deputy Clerks. The City Judge may appoint a Deputy Clerk — Civil who shall take the constitutional oath of office, and file the same in the City Clerk’s office, who shall receive such compensation as may be fixed by the Board of Estimate and Contract; and he shall, perform such duties as may be assigned by the Clerk of the City Court, and during the absence or disability of the Clerk of the City Court, have and exercise all the powers and duties of the office. The City Judge may also appoint a Deputy Clerk-Criminal who shall take the constitutional oath of office, and file the same in the City Clerk’s office who shall receive such compensation as may be fixed by the Board of Estimate and Contract; and he shall perform such duties as may be assigned by the Clerk of the City Court, and during the absence or disability of the Clerk of the City Court and the Deputy Clerk-Civil, have and exercise all the powers and duties of the office of the Clerk of the City Court. (As amended by L. 1955, Ch. 169, § 7; L.L. 1972, No. 7) § 210. Clerk’s fees.

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There shall be paid to the Clerk of the City Court the following fees: In all actions one dollar for filing a note of issue and for placing said action on the calendar of the Court for trial; one dollar for entering judgment; where the Clerk issues the summons for a party appearing without attorney, one dollar; for every transcript of judgment, twenty-five cents; for every satisfaction of judgment, fifty cents. (As amended by L. 1944, Ch. 634) § 211. Payment to Comptroller. All fees or fines paid to the City Judge or to the Clerk of the City Court, except jurors’ fees, shall be paid over to the Comptroller to the credit of the City of Mount Vernon. The Clerk of the said Court shall keep an account of all moneys received by him, and the same shall at all times be open for inspection of the Comptroller. § 212. Filed papers. (Repealed by L.L. 1980, No. 2) § 213. Judgment docket. (Repealed by L.L. 1980, No. 2) § 214. Costs. (Repealed by L.L. 1980, No. 2) § 215. Taxation of costs. (Repealed by L.L. 1980, No. 2) § 216. Transcripts; enforcement of judgments. (Repealed by L.L. 1980, No. 2) § 217. Findings. (Repealed by L.L. 1980, No. 2) § 218. Appeals. (Repealed by L.L. 1980, No. 2) § 219. Small claims defined.

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(Repealed by L.L. 1980, No. 2) § 220. Part for the determination of small claims established. (Repealed by L.L. 1980, No. 2) § 221. Commencement of action upon small claims. (Repealed by L.L. 1980, No. 2) § 221-a. Where rules and practice of Supreme Court applicable. (Repealed by L.L. 1980, No. 2) § 221-b. Power to transfer small claims; remedies applicable. (Repealed by L.L. 1980, No. 2) § 221-c. Trial by jury; how obtained; discretionary costs. (Repealed by L.L. 1980, No. 2) § 221-d. Review. (Repealed by L.L. 1980, No. 2) § 221-e. Res judicata. (Repealed by L.L. 1980, No. 2) § 221-f. Procedure unavailable to corporations, associations and assignees. (Repealed by L.L. 1980, No. 2) § 221-g. Procedure alternative. (Repealed by L.L. 1980, No. 2) ARTICLE XV Department of Assessment12 _____________________________________________________________________________________________________________ 12. Editor’s Note: The title of the Department of Assessment and Taxation was changed to Department of Assessment by L.L. No. 5-1979.

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§ 222. Commissioner of Assessment; subordinates. The Commissioner of Assessment shall be the head of the Department of Assessment. He shall appoint to hold office during his pleasure, except as otherwise provided by law, an Assistant Commissioner of Assessment and such other subordinates as may be prescribed by the Board of Estimate and Contract. (As amended by L.L. 1940, No. 4; L.L. 1969, No. 9; L.L. 1979, No. 5; L.L. 1990, No. 3) § 223. Powers and duties. The Commissioner of Assessment shall possess all the powers conferred upon, be subject to all the obligations imposed upon, and perform all the duties appertaining to the office of assessors in towns of the state in reference to the assessment of property within the City, except as otherwise provided by law, or this chapter, and, except as otherwise provided by this chapter, shall possess all the powers conferred upon and perform all the duties formerly appertaining to the office of Assessors and the Board of Assessors of the City of Mount Vernon. Except as otherwise provided by this chapter, he shall also perform all of the duties now provided by law in reference to the assessment of local improvements imposed according to law. It shall also be the duty of the Commissioner to install appropriate systems of assessment with tax maps, unit rules and such other systems and records as may be necessary, and to gather and file useful and available information that appertains to the value of property subject to his assessment. The Assessment Map of the City of Mount Vernon as it now exists or as it may be altered, amended, or changed, is hereby declared to be the Official Assessment Map of the City. (As amended by L.L. 1961, No. 32; L.L. 1979, No. 5) § 224. Board of Assessment Review; composition; terms of office of members. The Board of Assessment Review shall consist of three members, who shall have knowledge of property values in the City, appointed by the City Council. One member shall be an officer or employee of the City, except that neither the Commissioner of Assessment nor any member of his staff may be appointed to the Board of Assessment Review. Of the members first appointed, one shall be appointed for a period of one year, one for a period of two years and one for a period of three years. At the expiration of such terms, the terms of office of their successors shall be five years. (As amended by L.L. 1972, No. 5; L.L. 1979, No. 5) § 225. Description of premises. In the assessment of any lands in the City for any purposes, it shall be sufficient to state the name of one of the owners of such lands if the owner or owners or any of them be residents of the City and known to the Commissioner of Assessment; if the owner or owners be unknown to the Commissioner, or if they be nonresidents and the ownership is unknown to the Commissioner, then the assessment may be designated ownership unknown, and there shall be stated the number of the lot and the block, if subdivided into lots and blocks and so designated upon the City Assessment Map, or the number of the lot or farm lot, if not so subdivided into blocks and lots and so designated, and also the street and number of any building thereon; but if the land be vacant or the building thereon be not numbered, then the name of the street on which it fronts and a brief description of the premises shall be

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given. In case no inhabited building be on the land and the residence of the owner be unknown, such owner may be designated as unknown. No assessment hereafter made in the City shall be held to be invalid because the same may be made out in terms against the owner or owners unknown or the estate of a deceased person, naming such person, or the executor, administrator, heirs or devisees of a deceased person, naming such person, or any of them, or against a company or a firm name, or against a person in whom is the record title, though not the actual title of the property, or for any cause arising through ignorance or mistake as to the names of the owner or owners of the property assessed, whether individually or a corporation, provided such property is sufficiently described on the assessment rolls, to reasonably identify and indicate to a person familiar with the same, the particular property which it was intended to assess. Every assessment roll shall be considered as referring to the last adopted Assessment Map, unless it be otherwise stated therein. (As amended by L.L. 1979, No. 5) § 226. Deeds, etc., to be presented; maps to be filed. (Repealed by L.L. 1961, No. 46) § 226-a. Filing requirements for income-producing properties. 1. Income and expense statements. Where real property is incomeproducing property, the owner shall be required to submit annually to the Commissioner of Assessment, not later than the first day of May 1990 for those statements due in 1990 and not later than the first day of February in all succeeding years, a statement of all income derived from and all expenses attributed to the operation of such property as follows: A. Where the owner’s books and records reflecting the operation of the property are maintained on a calendar-year basis, the statement shall be for the calendar year preceding the date the statement shall be filed. B. Where the owner’s books and records reflecting the operation the property are maintained on a fiscal-year basis for federal income tax purposes, the statement shall be for the last fiscal year concluded as of the first day of January preceding the date the statement shall be filed. C. Notwithstanding the provisions of Subdivisions A and B of this section, where the owner of the property has not operated the property and is without knowledge of the income and expenses of the operation of the property for a consecutive twelve-month period concluded as of the first day of January preceding the date the statement shall be filed, then the statement shall be for the period of ownership. D. The Commissioner of Assessment may, for good cause shown, extend the time for filing an income and expense statement by a period not to exceed thirty days. 2. Declaration. Such statements shall contain the following declaration: “I certify that all information contained in this statement is true and correct to the best of my knowledge and belief. I understand that the willful making of any false statement of material fact herein will subject me to the provisions of law relevant to

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the making and filing of false instruments and will render this statement null and void.” 3. Form. The form on which such statement shall be submitted shall be prepared by the Commissioner of Assessment, and copies of such form shall be made available at said Commissioner’s offices in the City of Mount Vernon. 4.

Failure to file statement; penalties; enforcement procedures.

A. In the event that an owner of income-producing property fails to file an income and expense statement within the time prescribed in Subsection 1 of this section (including any extension of time for filing), the Board of Assessment Review shall deny any complaint in relation to the assessment of such property by such owner. B. In the event an income and expense statement required under the provisions of this section has not been timely filed, the Commissioner of Assessment may compel by subpoena the production of the books and records of the owner relevant to the income and expenses of the property and may also make application to any court of competent jurisdiction for an order compelling the owner to furnish the required income and expense statement and the books and records to the income and expenses of the property. In the event such an order is issued, the Commissioner of Assessment shall be entitled to recover from the owner the costs and expenses, including attorney’s fees, incurred by the City in connection with the proceeding to obtain and enforce the order. 5. Definition of “income-producing property.” As used in section, the term “income-producing property” means property owned for the purpose of securing an income from the property itself but shall not include residential property containing three or fewer dwelling units or property classified in Class One as defined in Article 18 of the Real Property Tax Law. 6. Disclosure of information; penalties for. Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for the Commissioner of Assessment or any official or employee of the City, any member of the Board of Assessment Review, any person engaged or retained by the City, the Commissioner of Assessment or the Board of Assessment Review on an independent contract basis or any person who, pursuant to this section, is permitted to inspect any income and expense statement or to whom a copy, an abstract or a portion of any such statement is furnished to divulge or make known in any manner the amount of income and/or expense or any particulars set forth or disclosed in any such statement required under this section. The officers charged with custody of such statements shall not be required to produce any income and expense statement or evidence of anything contained in said statement in any action or proceeding in any court, except on behalf of the City or the Commissioner of Assessment. Nothing herein shall be construed to prohibit the delivery to an owner or his or her duly authorized representative of a certified copy of any statement filed by such owner pursuant to this section or to prohibit the publication of statistics so classified as to prevent the identification of particular statements and the items thereof or delivery of a copy to a legal representative or other professional retained by the City or the Board of Assessment Review retained with respect to a proceeding to review the assessment of the property at issue for use solely with respect to the review of said assessment and for no other purpose. Any violation of the provisions of this section shall be punished by a fine not exceeding one thousand dollars or by imprisonment

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not exceeding one year, or both, at the discretion of the court, and if the offender be an officer or employee of the City or a member of the Board of Assessment Review, the offender shall be dismissed from office. (As added by L.L. 1990, No. 4) § 227-a. Tentative assessment roll. On or before the first day of June, the Commissioner of Assessment shall have completed a tentative assessment roll for the year. The assessment roll shall be in the form required by the Real Property Tax Law. (As amended by L.L. 1933, No. 6; L.L. 1969, No. 3; L.L. 1979, No. 5; L.L. 1980, No. 4) § 227-b. Taxable status date. The taxable status of all real property assessable for taxation shall be determined annually as of the first day of May. (As added by L.L. 1969, No. 3; as amended by L.L. 1980, No. 4) § 228. Review and correction of assessment. When the Commissioner of Assessment has completed the tentative assessment roll, he shall publish at least twice in the official paper or papers a notice of the completion thereof and that it may be examined at his office, and of the day, to be known as grievance day, during which complaints may be filed and heard at his office. A verified written complaint stating the full value of the property and the reasons for the complaint must be filed with the Commissioner on or before grievance day, i.e., the third Tuesday in June of each year. All complaints shall be heard and decided by the Board of Review, which shall attend at the Commissioner’s office for the purpose of hearing complaints if requested in writing by the complainant on grievance day from nine o’clock in the forenoon to twelve o’clock noon and from two o’clock to four-thirty o’clock in the afternoon and from eight to ten o’clock in the evening and at subsequent adjourned hearing dates not later than the fifteenth day of July in each year. On or before the twentieth day of July in each year, the Commissioner of Assessment shall forward to each person who shall have filed a complaint on or before grievance day a notice setting forth the disposition made by the Board of Review of such complaint. Failure to mail any such notice or failure of the addressee to receive the same shall not in any manner affect the validity of the assessment. (As amended by L.L. 1930, No. 1; L.L. 1933, No. 6; L.L. 1961, No. 33; L.L. 1961, No. 56; L.L. 1979, No. 5; L.L. 1980, No. 6; L.L. 1985, No. 3) § 229. Apportionment of assessments. Any person whose real property is assessed upon the tentative assessment roll with real property of another person as one piece or plot, may at any time after the filing of such assessment roll, before the same shall have been made the final assessment roll, submit his deed or other evidence of title to the property to the

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Commissioner of Assessment. The Commissioner shall apportion the assessment and the tax thereon, and shall forthwith deliver a written statement of his apportionment to the Comptroller. The Comptroller shall thereupon enter the apportionment upon the assessment roll, and shall thereafter separately receive the taxes so apportioned. No apportionment of any lot shall be made, however, unless no part of the property resulting from such apportionment is less than a regular building lot. (As amended by L.L. 1962, No. 3; 1979, No. 5) § 230. Assessment of omitted property. During the grievance days aforesaid the Commissioner of Assessment may add to the tentative assessment roll any property liable to taxation, the assessment of which may have been omitted, and he may increase any assessment upon the tentative assessment roll, upon giving two days’ written notice of such addition or increase to the owner or agent of the property if known, otherwise to the occupant thereof. Such notice may be given by publication in the official paper or papers or by registered mail. Complaints against any such change shall be heard in like manner as complaints against an original assessment. (As amended by L.L. 1979, No. 5) § 230-a. Confirmation and lien of local assessments. If the whole or any portion of the expense of a public improvement be assessed or charged upon the property affected by such improvement, such assessment shall be confirmed by the City Council, after a public hearing shall have been had, at which any person interested may present written objections to such confirmation. Notice of the time and place of such hearing shall be published in the official paper of the City at least ten days prior to the hearing. The title of such assessment, with the date of confirmation by the City Council, shall be entered, with the date of such entry, in a record of the titles of assessments confirmed and shall be kept in the office of the Commissioner of Assessment. (As amended by L.L. 1979, No. 5) (As added by L.L. 1926, No. 2; as amended by L.L. 1972, No. 1) § 231. Right to review assessment or tax for local improvement limited. No action or proceeding to set aside, vacate, cancel or annul any assessment or tax for a local improvement shall be maintained, except for total want of jurisdiction to levy and assess the same on the part of the officers, board or body authorized by law to make such levy or assessment or to order the improvement on account of which the levy or assessment was made. No action or proceeding shall be maintained to modify or reduce any such assessment or tax except for fraud or substantial error by reason of which the amount of such tax or assessment is in excess of the amount which should have been lawfully levied or assessed. § 232. Procedure on review. No action or proceeding shall be maintained to set aside, vacate, cancel, annul, review, reduce or otherwise question, test or affect the legality or validity of any

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assessment or tax for a local improvement, except in the form and manner and by the proceedings herein provided. If, in the proceedings relative to an assessment or tax, entire absence of jurisdiction on the part of the officers, board or body authorized by law to levy or assess the same or to order the improvement on account of which the assessment was made or tax imposed, is alleged to have existed or in case any fraud or substantial error, other than the errors or irregularities specified in the preceding section, by reason of which substantial damages have been sustained, are alleged to have existed or to have been committed, any party aggrieved thereby, who shall have filed objections thereto, within the time and in the manner specified by law therefor, and whose objections have been overruled by the Board of Review, may apply, to the Supreme Court at any Special Term thereof held within the Ninth Judicial District, for an order vacating or modifying such assessment as to the land in which he has an interest, upon the grounds, in said objections specified, and no other, and upon due notice of such application to the Corporation Counsel. Each such application shall be made within twenty days after the confirmation of the assessment. Thereupon such Court may proceed to hear the proofs and allegations of the parties and determine the same, or may appoint a referee to take the proof and report thereon or to hear, try and determine the same. If it shall be determined in such proceeding that the officers, board or body had no jurisdiction to make the levy or assessment complained of or order the improvement, the Court may order such assessment or tax vacated. If it shall be determined therein that any such fraud or substantial error has been committed and that the party applying for such relief has suffered substantial damages by reason thereof, the Court may order that the assessment or tax be modified as to such party, and that so modified it be confirmed. A like application may be made to secure a modification or reduction of any such assessment or tax on account of fraud or some substantial error occurring in the performance of the work of the improvement on account of which such assessment or tax is made or levied, and it shall be determined in like manner. If, in any such proceeding, it shall be determined that such fraud or substantial error has been committed, by reason of which any such assessment or tax upon the lands of any such aggrieved party has been unlawfully increased, the Court may order that such assessment or tax be modified by deducting therefrom such amount as is in the same proportion to such assessment or tax as the whole amount of such unlawful increase is to the whole amount of the assessment or tax for the improvement. An order so made in any such proceeding shall be entered in the County Clerk’s office of Westchester County, and shall have the same force and effect as a judgment. The Court may, during the pendency of any such proceeding, stay the collection of any assessment or tax involved therein as against the parties thereto. Costs and disbursements of any such proceeding may be allowed in the discretion of the Court. No appeal shall be allowed or taken from the order made in any such proceeding, but the determination so made therein shall be final and conclusive upon all the parties thereto. No assessment or tax shall be modified otherwise than to reduce it to the extent that the same may be shown by the parties complaining thereof to have been in fact increased in dollars and cents by reason of such fraud or substantial error. In no event shall that proportion of any such assessment which is the equivalent of the fair value or fair cost of the improvement be disturbed for any cause. No money paid on account of any assessment or tax shall be recovered for any cause, except the amount of the excess of such assessment or tax over and above the fair value and cost of the improvement. In case of the failure of any assessment or tax for any cause, the Comptroller shall certify such fact to the City Council and it shall be its duty to forthwith cause the same to be relevied and reassessed in a proper manner. (As amended by L.L. 1972, No. 1)

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§ 233. Consolidation of separate proceedings. Two or more persons may unite in commencing and prosecuting proceedings to vacate or modify assessments; and when two or more persons have commenced separate proceedings to vacate or modify assessments for the same improvement, the court before whom the same are commenced or pending, or a judge thereof at special term or chambers may, by order upon due application and notice, consolidate such separate proceedings into one proceeding. § 234. Rebates and deficiencies. In all cases of assessment for improvement the Commissioner of Assessment shall include in the apportionment all the expenses connected with or which were incident to the making of the improvement and assessment. Whenever the amount apportioned shall exceed the actual cost of the improvement, including all expenses connected therewith or incident thereto, the Comptroller shall certify the amount of the surplus to the Commissioner and he shall thereupon declare a rebate and the excess shall be refunded pro rata to the persons who paid their assessments. If the amount assessed for any improvement shall be insufficient to cover the cost of the improvement, including all expenses connected therewith and incidental thereto, the Comptroller shall certify the amount of the deficiency to the City Council and Commissioner of Assessment, and the City Council and Commissioner shall forthwith cause to be assessed and levied the amount of such deficiency pro rata upon the property included within the original assessment and the same shall be assessed, levied and collected in like manner as other assessments of a like character. (As amended by L.L. 1979, No. 5) Notwithstanding any other provisions of this section the financing costs on assessable improvements (such as interest on notes, publication of bond ordinances, bonding attorneys’ fees) shall be charged to and paid by the City at large, and not assessed against the individual property owners. (As amended by L.L. 1968, No. 1; L.L. 1972, No. 1) § 235. Completion and filing of the assessment roll. The Board of Review shall decide all complaints, and the Commissioner of Assessment shall correct and revise the tentative assessment roll in accordance with their decisions on or before July 20 in each year. Each revision shall be made in red ink and shall be initialed by the Commissioner of Assessment. No erasure shall be made upon any copies of the said tentative assessment roll; errors shall be corrected in green ink. When the tentative assessment roll has been revised as herein provided, the amounts of the assessments as revised as aforesaid shall be duly added and the total stated, and the Commissioner shall verify all three copies as required by the provisions of the tax law and shall duly certify the same to be the general assessment roll of the year in which it is so certified. The Commissioner shall thereupon, and on or before the first day of August in each year, file a certified copy of the said general assessment roll in the office of the City Clerk, there to remain open for fifteen days for public inspection and shall forthwith deliver another copy thereof to the Clerk of the Board of Legislators of Westchester County and file a third copy thereof with the Comptroller for the purpose of apportioning and extending the taxes of the following year thereon as herein provided. The

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assessment roll shall thereupon become official and conclusive as to all persons who have not made complaints as provided by this chapter. The Commissioner of Assessment shall forthwith cause a notice to be posted conspicuously in at least three public places in the City, and to be published in one or more newspapers published in the City, that such assessment roll has been finally completed and stating that it has been so filed and will be open for public inspection. (As amended by L.L. 1933, No. 6; L.L. 1972, No. 1; L.L. 1979, No. 5; L.L. 1980, No. 5) § 236. Correction and cancellation of taxes and assessments. The City Council shall have authority to correct clerical errors on the assessment roll, to cancel or correct any erroneous or invalid assessments and to cancel or refund the taxes or special assessments thereon or any part thereof or any interest, penalty or fee pertaining thereto, except in the case of an assessment which is or which is claimed to be erroneous or invalid by reason of overvaluation or inequality. Each application for correction or cancellation must be by a written petition which must contain a statement of the full value of the property and all the facts necessary to a proper determination upon the application. Such petition must be signed and verified by the party in interest or his duly constituted agent or attorney. The Commissioner of Assessment, the Comptroller or the Commissioner of Public Works may make an application under the provisions of this section. (As amended by L.L. 1972, No. 1; L.L. 1979, No. 5) § 237. Record of correction of taxes and assessments. Upon the cancellation or correction of any taxes or assessments by the City Council, or by judgment of a court, the City Clerk shall report the same to the Comptroller who shall enter the same. (As amended by L.L. 1972, No. 1) § 238. Assessment not invalidated by irregularities. No assessment or tax shall be vacated, set aside, canceled, annulled, reviewed or otherwise questioned or affected by reason of any error, omission, irregularity or defect, not actually fradulent, in any of the steps or proceedings required to be had or taken as preliminary to, or in the making of, the assessment, or in the levying or collection of the tax, nor in relation to or in connection with any proposal, designation of materials, contract, work or improvement for or on account of which such assessment was made or tax imposed. But all property shall be liable to assessment and all assessments shall be valid and of full force and effect notwithstanding any such error, omission, irregularity or defect, § 239. Establishment of tax rate; assessment roll; tax warrant. A. City tax. The City Council shall, on or before the fifth day of December in each year, levy and cause to be raised by such tax, a sum as shall be as nearly as possible but not less than the amount of the tax budget heretofore adopted for such year, by fixing a tax rate in cents and hundredths of a cent upon each dollar of assessed valuation of real and personal property within the City, to be collected from the several owners thereof. The City Clerk shall forthwith certify to the Comptroller the tax rate so fixed. The Comptroller shall apportion and extend the

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City taxes against the respective assessments as the same are set forth in the assessment roll and shall deliver the said roll to the City Clerk. The City Council shall thereupon confirm the taxes so apportioned and extended and shall issue its warrant signed by the President of the City Council and by the Mayor, directing the Comptroller to collect the amount of said taxes with interest as provided by law. The said assessment roll together with the taxes so apportioned and extended, together with the said warrant, shall be the City tax roll for the year and shall forthwith be delivered by the City Clerk to the Comptroller. The said warrant shall be returned at such time as the City Council shall direct. B. State, county and special district taxes. As soon as possible following the receipt by the City from the County of Westchester, of a certificate of apportionment of state, county and special district taxes, together with a certified copy of the Act of the County Board of Legislators as to such apportionment, the City Council shall levy and cause to be raised by tax the amount so certified by fixing a tax rate in cents and hundredths of a cent upon each dollar of assessed valuation of real and personal property within the City, to be collected from the several owners thereof. The City Clerk shall forthwith certify to the Comptroller the tax rate so fixed. The Comptroller shall apportion and extend the taxes against the respective assessments as the same are set forth in the assessment roll and shall deliver the said roll to the City Clerk. The City Council shall thereupon confirm the taxes so apportioned and extended and shall issue its warrant signed by the President of the City Council and by the Mayor, directing the Comptroller to collect the amount of said taxes with interest as provided by law. The said assessment roll together with the taxes so apportioned and extended, together with the said warrant, shall be the tax roll for the year for state, county and special district taxes, and shall forthwith be delivered by the City Clerk to the Comptroller. The said warrant shall be returned at such time as the City Council shall direct. (As amended by L.L. 1933, No. 6; L.L. 1961, No. 34; L.L. 1970, No. 4; L.L. 1976, No. 5) § 240. Tax lien date; taxes payable in installments. All taxes upon personal property, if any, and the amount of all City taxes upon real estate shall be due and payable on the first day of January in each year, and all state, county and special district taxes shall be due and payable on the first day of April in each year. Unpaid interest shall be included in and deemed a part of the unpaid tax. All taxes shall be and become liens on the real estate affected thereby on the day when they become due and payable as hereinbefore provided and shall remain such liens until paid or otherwise satisfied and discharged. City taxes may be paid in two installments, each of which installments shall be as nearly equal as possible, the first installment whereof shall be payable on the first day of January, and the remaining installment whereof shall be payable on the first day of July of each year. No such installment may be paid unless all prior installments of current taxes, including interest, shall have been paid or shall be paid at the same time. Election to pay such taxes in installments shall be indicated by payment of the first installment on or before the date it is due or during the month in which such installment becomes due. The failure or neglect to pay the first installment as hereinabove provided shall be construed as an election to pay the total amount of taxes in one payment in the manner provided by law.

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(As amended by L.L. 1928, No. 5; L.L. 1969, No. 5; L.L. 1976, No. 5) § 241. Notice of receipt of tax rolls; payment of taxes to Comptroller. In each instance, after receiving the said City tax roll and beginning on the second day of January in each year, and after receiving the said state, county and special district tax roll, and beginning on the first day of April in each year, the Comptroller shall cause notice of the receipt of such respective tax roll by him to be published in the official paper or papers once a week for three successive weeks that the same has been left with him for collection, and that all stated taxes shall be due and payable at his office at the time or times specified in such notice. The said notice shall also set forth the interest, penalties and fees to be added to taxes remaining unpaid. No further notice than that herein required shall be deemed necessary either in the case of property owned by a resident or a nonresident, except that any person or corporation, whether a resident or nonresident of the City, who is the owner of or liable to assessment for an interest in real property in the City, may file with the Comptroller of the City a notice stating his name, residence and post office address, or in the case of a corporation, its principal office, a description of the premises, with its number or other designation on the City Tax Map, which notice shall be valid and continue in effect until canceled by such person or corporation. The Comptroller shall within twenty days after receiving each such tax roll, or any other warrant for the collection of taxes, mail to each person or corporation filing such notice at the post office address stated therein a duplicate tax bill for all taxes upon such real property included in such tax roll or such other warrant. At least ten days before the second installment of tax upon the City tax roll shall become due, the Comptroller shall publish and mail in the same manner a similar notice of the times of payment and penalties and fees attaching to said second installment of tax, which penalties and fees shall be the same as upon the first installment of said tax. But the failure of the Comptroller to mail such duplicate tax bill shall not invalidate such taxes, nor prevent the accruing of any interest or penalty imposed for the nonpayment of taxes, nor prevent the sale of such property for the nonpayment of such taxes, as provided in this chapter. The Comptroller shall deliver a receipt to each person paying a tax, specifying the date of such payment, the name of such person, a description of the property as shown on the assessment roll and the assessed valuation thereof, and for personal property or special franchise tax the amount thereof, the name of the person to whom the same is assessed, the amount of such tax and the date of delivery to him of the assessment roll, on account of which such tax is paid. The Comptroller shall prescribe the form of such receipts, stubs and books and furnish with such receipts for the payment of City taxes, a statement showing the total assessed valuation of real estate, personal property, and special franchises, taxable within the City, the City tax rate and the total taxes, together with a summary of the City tax budget; and the Comptroller shall furnish with the receipts for the payment of the state, county and special district taxes a statement showing the total assessed valuation of real estate and special franchises subject to state and county taxes, the total assessed valuation of exempt real estate and special franchises taxed for sewer district purposes only, the tax rate and the total taxes, together with a summary of the certificate of apportionment for state, county and special district taxes. (As amended by L. 1923, Ch. 616; L.L. 1961, No. 35; L.L. 1976, No. 5)

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§ 242. Interest and penalties. With respect to taxes becoming due on or after January 1, 1983, if any tax on personal estate or the first installment of any City tax on real estate shall remain unpaid on the first day of February after it shall become due and payable, or if any tax on real estate for state, county or special district purposes shall remain unpaid on the first day of May after it shall become due and payable, it shall be the duty of the Comptroller to charge, receive and collect upon such tax so remaining unpaid on that day, interest upon the amount thereof, at the rate of one and one-half per centum for each one-month period or part thereof after the day on which said taxes or such part thereof became due and payable, as provided herein; and such increase of percentage shall be paid over and accounted for by such Comptroller from time to time, as a part of the tax collected by him. If installment payments are permitted hereunder and the second installment of any tax on real estate shall remain unpaid on the first day of August after it shall be due and payable, it shall be the duty of the Comptroller to charge, receive and collect upon such tax so remaining unpaid on that day, interest upon the amount thereof, at the rate of one and one-half per centum for each one-month period or part thereof after such installment shall become due and payable as provided herein; and such increase of percentage shall be paid over and accounted for by such Comptroller from time to time, as a part of the tax collected by him. The aforesaid interest and penalties shall also apply from January 1, 1983, to taxes theretofore due and remaining unpaid on or after said date. (As amended by L.L. 1974, No. 5; L.L. 1974, No. 6; L.L. 1974, No. 7; L.L. 1976, No. 5; L.L. 1982, No. 5) § 242-a. Interest on assessments for local improvements. If an assessment for a public improvement be made payable in installments, as provided by § 43 of this Act, the total amount of said assessment shall become a lien upon the property affected at the time when the assessment is confirmed. The first installment thereof or the total amount of said assessment may be paid without interest or penalty, within one month after the assessment is confirmed. One installment may be paid with interest thereon at the rate of six per centum per annum computed from the date when said assessment is confirmed as above provided, on or before each recurring annual anniversary of said date. Upon any or all installments not paid within the respective times when the same may be paid with interest thereon computed at the rate of six per centum per annum as hereinabove provided, interest shall be computed at the rate of eight per centum per annum from the date of confirmation. (As added by L.L. 1926, No. 2; as amended by L.L. 1927, No. 1; L.L. 1928, No. 2; L.L. 1961, No. 36) § 243. Notice to delinquents. (Repealed by L.L. 1961, No. 47) § 244. Certification of unpaid taxes to Corporation Counsel. Whenever the unpaid taxes and assessments levied against any property in the City remain unpaid for a period of more than three years, together with the penalties thereon, the Comptroller shall thereupon certify the same to the

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Corporation Counsel who shall forthwith foreclose the liens of such taxes and assessments in the manner provided by this chapter for the foreclosure of tax liens. § 245. Return of unpaid taxes. Within fifteen days after the time specified in any warrant for its return, or if the time of its return be extended, then within fifteen days from the time to which its return shall have been extended, the Comptroller shall make and deliver to the City Council a return of all taxes or assessments mentioned in the tax roll or assessment list remaining unpaid at the time of making such return; and upon making oath that the sums mentioned in said return remain unpaid, he shall be credited by the City Council with the amount thereof. The Comptroller may receive payment of taxes and assessments under such warrant until the delivery of said return to the City Council. (As amended by L.L. 1972, No. 1) § 246. Exemption for persons sixty-five years of age or over.13 1. Pursuant to the provisions of Section 467 of the Real Property Tax Law, as amended, and as therein provided, real property owned by one or more persons, each of whom is sixty-five years of age or over, or real property owned by husband and wife, one of whom is sixty-five years of age or over, shall be exempt from taxation up to a maximum of fifty per centum of the assessed valuation thereof, as hereinafter provided, pursuant to the following schedule:

Annual Income

Percentage of Value Exempt From Taxation

$18,500 or less 50% $18,501 to $19,500 45% $19,501 to $20,500 40% $20,501 to $21,500 35% $21,500 to $22,400 30% $22,401 to $23,300 25% $23,301 to $24,200 20% $24,201 to $25,100 15% $25,101 to $26,000 10% $26,001 to $26,900 5% (As amended by L.L. 1996, No. 1; L.L. 1999, No. 3) 2.

No exemption shall be granted.

(a) If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum of twenty-six thousand nine hundred dollars ($26,900.). Income tax year shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social _____________________________________________________________________________________________________________ 13. Editor’s Note: Former § 246 relating to installment payments for local improvements confirmed prior to September 1, 1923, was repealed by L.L. No. 48-1961.

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security and retirement benefits, interest, dividends, net rental income, salary or earnings, and net income from self-employment, but shall not include gifts or inheritances. (As amended by L.L. 1977, No. 6; L.L. 1979, No. 4; L.L 1981, No. 6; L.L. 1991, No. 1; L.L. 1994, No. 8; L.L. 1996, No. 1; L.L. 1999, No. 3) (b) Unless the title of the property shall have been vested in the owner or all of the owners of the property for at least twenty-four consecutive months prior to the date of making application for exemption, provided, however, that in the event of death of either a husband or wife in whose name title of the property shall have been vested at the time of death and then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed also a time of ownership by the survivor and such ownership shall be deemed continuous for the purposes of computing such period of twenty-four consecutive months, and provided further that where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceeding, except a tax sale, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption, and such periods of ownership shall be deemed to be consecutive for purposes of this section. (As amended by L.L. 1981, No. 6)14) (c)

Unless the property is used exclusively for residential purposes.

(d) Unless the real property is the legal residence of and is occupied in whole or in part by the owner or by all of the owners of the property. 3. (a) Application for such exemption must be made by the owner, or all of the owners of the property, on forms prescribed by the State Board of Equalization and Assessment to be furnished by the Commissioner of Assessment, and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall be filed in the Department of Assessment on or before the appropriate taxable status date. (As amended by L.L. 1979, No. 5) (b) The Commissioner of Assessment may require any applicant or applicants to furnish such other and further information as may be reasonably necessary for him to establish the qualifications for exemption of said applicant or applicants. He may establish such rules and procedures and take such other steps as may be necessary to implement the provisions of this local law. (As amended by L.L. 1979, No. 5) 4. Any conviction of having made any willful false statement in the application for such exemption shall be punishable by a fine of not more than one hundred dollars and shall disqualify the applicant or applicants from further exemption for a period of five years. (As added by L.L. 1966, No. 8; as amended by L.L. 1971, No. 4) ARTICLE XVI Civil Service Commission _____________________________________________________________________________________________________________ 14. Editor’s Note: This local law provided that it take effect forty-five (45) days after the adoption and that it apply to taxes for the year 1982 and for subsequent years.

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§ 249. Civil Service Commissioners. The Civil Service Commission shall be constituted as prescribed by law and shall elect one of its members President. Subject to and in the manner provided by the Civil Service Law, the Commission may appoint to hold office during its pleasure, a Secretary and such other employees as may be prescribed by law, by this chapter or by the Board of Estimate and Contract. ARTICLE XVII Department of Education § 254. Existing system continued. (Repealed by L. 1953, Ch. 878, § 352(2), Schedule A) ARTICLE XVIII Miscellaneous Provisions § 260. Retention of Water Commission. The provisions of law governing the establishment, organization, powers and duties of the Water Commission of the City of Mount Vernon shall remain unimpaired by this chapter except that said Commission shall consist of but one person to be appointed by the Mayor and to hold office during his pleasure and upon whose appointment, the terms of office of the Commissioners now in office shall cease and expire. § 261. Pension funds. The provisions of law governing the establishment, maintenance, management, control, and distribution of pension funds for the benefit of members of the Police and Fire Departments shall be unimpaired by this chapter. § 262. Books and papers to be public records. All books and papers and documents filed with or constituting a part of the records or proceedings of any officer, board or department of the City, shall be deemed to be public records and shall, during office hours, be open to public inspection. § 263. Inhabitants not incompetent; place of trial of actions and proceedings. Upon the trial of any issue or the prosecution of any proceeding, or upon the taking or making of any inquisition, appraisal or award, or upon the judicial investigation of any facts whatever, to which issue, proceedings, inquest, investigation or award the City is a party, or in which the City may in any way be interested, no person shall be deemed incompetent as a judge, referee, commissioner or witness or juror by reason of his being an inhabitant, freeholder or taxpayer of the City.

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§ 264. Witness not to be excused from testifying. No witness shall be excused from testifying in any criminal proceeding or in any investigation or inquiry before the City Council, or any committee thereof, or before any officer conducting an investigation, touching the knowledge of such witness as to any offense committed in violation of the provisions of this chapter, or of any law of the state or ordinance of the City; but such testimony shall not be used against such witness in any criminal prosecution or proceeding whatever. (As amended by L.L. 1972, No. 1) § 265. Liability of City in actions for damages or injuries to person or property. No civil action shall be maintained against the City for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, parking lot or parking garage being defective, out of repair, unsafe, dangerous or obstructed unless, previous to the occurrence resulting in such damages or injury, written notice of the defective, unsafe, dangerous or obstructed condition of said street, highway, bridge, culvert, sidewalk, crosswalk, parking lot or parking garage was actually given to the Commissioner of Public Works and that there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remove the defect, danger or obstruction complained of. No such action shall be maintained for damages or injuries to the person or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk, street, parking lot or parking garage unless written notice thereof relating to the particular place was actually given to the Commissioner of Public Works, and there was a failure or neglect to cause such snow or ice to be removed, or the place otherwise made reasonably safe within a reasonable time after the receipt of such notice. The City shall not be liable in a civil action for damages or injuries to person or property or invasion of personal or property rights of any name or nature whatsoever, whether casual or continuing, arising at law or in equity, alleged to have been caused or sustained, in whole or in part, by or because of any omission of duty, wrongful act, fault, neglect, misfeasance or negligence on the part of the City, or any of its agents, officers or employees unless a written notice of claim shall have been made and served in compliance with Section 50-e of the General Municipal Law, nor unless an action shall be commenced thereon within one year after the happening of such accident or injury or the occurrence of such act, omission, fault or neglect but no action shall be commenced to recover upon or enforce any such claim against the City until the expiration of three months after the service of said notice. The Mayor of said City may, within the period of three months from the time of the presentation of any claims against the City, require the claimant to be sworn before him with relation to such claim, and when so sworn, to swear orally as to any facts relating to the justice of such claim. Nothing contained in this section shall be held to repeal or modify or waive any existing requirement or statute of limitations which is applicable to these classes of actions but, on the contrary, shall be held to be additional requirements to 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 it shall keep its streets and public places in a reasonably safe condition for public use and travel.

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If any clause, sentence, phrase, paragraph or any part of this section shall, for any reason be adjudged finally by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this section but shall be confined in its operation and effect to the clause, sentence, phrase, paragraph or part thereof directly involved in the controversy or action in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that the remainder of this section would have been adopted had any such provisions not been included. (As amended by L.L. 1928, No. 4; L.L. 1955, No. 2; L.L. 1992, No. 2) § 266. Officers to surrender City property. All books, papers, documents, files, funds and moneys in the hands of the elective and appointive officers of the City at the time when this chapter goes into effect shall be turned over to the Mayor. Nothing contained in this section is to be construed as relating to the public school system or the Board of Education now existing in the City, or as modifying or destroying any vested right. § 267. Board of Water Supply; applicability of other sections. The provisions of §§ 29, 50, 64, 66 and 72, of the Charter of the City of Mount Vernon shall be deemed and do hereby extend to include the Commissioner of the Board of Water Supply as a City official and the Board of Water Supply of the City of Mount Vernon, New York, as a City department wherever applicable. (As added by L.L. 1960, No. 5) ARTICLE XIX Construction § 271. Construction. This Act is intended to be and shall be deemed and held in all courts and jurisdictions to be a public act, of which the courts shall take judicial notice. This Act shall be construed not as an act in derogation of the powers of the state but as one intended to aid the state in the execution of its duties, and shall be so construed as to carry into effect the objects and purposes thereof. § 272. Saving clause. Nothing contained in this chapter shall be construed to repeal any statute of the state or ordinance of the City or rule or regulation of the Board of Health, not inconsistent with the provisions of this chapter, and the same shall remain in full force and effect, when not inconsistent with the provisions of this chapter, to be construed and operated in harmony with its provisions. The powers which are conferred and the duties which are imposed upon any officer or department of the City under any statute of the state, or any City ordinance which is in force at the time of the taking effect of this chapter shall, if such office or department be abolished by this chapter, be thereafter exercised and discharged by the officer, board or department upon whom is imposed corresponding or like functions, powers and duties under the provisions of this chapter. Where any contract has been

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entered into by the City prior to the time of the taking effect of this chapter, or any bond or undertaking has been given to or in favor 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 chapter such officer, board or department is abolished, such contracts, bonds and undertakings 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 upon the officer, board or department which has been abolished, shall thereafter be exercised and discharged by the officer, board or department upon whom is conferred or imposed like powers, functions or duties under the provisions of this chapter. § 273. Laws repealed. The following acts and parts of acts are hereby repealed: 1. The laws enumerated in the schedule annexed, except such parts thereof as apply to the school system of the City and to the government, support and maintenance of the same, and except such parts thereof as authorize the City to borrow money and issue bonds or other evidences of indebtedness, or provide for the application to the payment of bonds heretofore issued by the City of assessments upon property for the improvement thereof. 2. All acts or parts of acts and ordinances of the City, insofar as inconsistent with the provisions of this chapter. Nothing herein contained, however, shall be deemed to repeal or in any wise affect the validity of the provisions of Chapter 10 of the Laws of 1894; Chapter 189 of the Laws of 1895; Chapter 146 of the Laws of 1896; Chapter 443 of the Laws of 1898; Chapters 542 and 581 of the Laws of 1900; Chapters 473 and 489 of the Laws of 1901; Chapter 375 of the Laws of 1902; Chapter 46 of the Laws of 1903; Chapter 459 of the Laws of 1904; Chapter 165 of the Laws of 1907; Chapter 41 of the Laws of 1908; Chapter 92 of the Laws of 1909; Chapters 49, 75 and 457 of the Laws of 1910; Chapter 77, 127 and 550 of the Laws of 1911; Chapters 356 and 478 of the Laws of 1912; Chapters 44 and 97 of the Laws of 1913; Chapter 432 of the Laws of 1914; and Chapter 81 of the Laws of 1919. And nothing herein contained shall be deemed to repeal or in any wise affect the validity of the laws expressly reserved by the provisions of this chapter. § 274. Time of taking effect; Schedule of Laws Repealed. This chapter shall take effect January 1, 1923, except that with respect to the provisions for preparing for and holding the first election of officers thereunder, and for doing any and all other acts required by this chapter or necessary to be done in order to prepare for the full operation thereof on and after the first day of January, 1923, this chapter shall take effect immediately, and be binding upon and be performed by every officer. Schedule of Laws Repealed Laws of

Chapter

1892

182

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1984 1894 1895 1895 1896 1896 1896 1898 1898 1900 1900 1901 1901 1901 1901 1901 1902 1903 1903 1904 1905 1905 1905 1906 1906 1907 1908 1908 1908 1908 1908 1908 1909 1910 1910 1910 1911 1911 1911 1912 1912 1913 1914 1914 1915 1916 1916 1917 1919 1920 1920 1920 1920 1921

456 598 243 710 205 692 774 238 247 361 564 69 202 285 329 474 610 165 402 695 85 473 561 71 204 672 115 226 341 342 384 425 552 51 76 306 82 567 676 410 430 99 225 295 612 310 476 427 80 114 116 117 179 87

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ARTICLE XX Department of Urban Renewal and Redevelopment § 275. Creation of Department of Urban Renewal and Redevelopment. There is hereby created a Department of Urban Renewal and Redevelopment. § 276. Director of Urban Renewal and Redevelopment; subordinates. The Mayor shall appoint a Director of Urban Renewal and Redevelopment to hold office during his pleasure. The Director shall be the head of the Department of Urban Renewal and Redevelopment. He shall appoint to hold office during his pleasure, except as otherwise provided by law, a Deputy Director of Urban Renewal and Redevelopment and such other subordinates as may be prescribed by the Board of Estimate and Contract. In case of the absence or disability of the Director of Urban Renewal and Redevelopment or a vacancy in the office, the Deputy Director of Urban Renewal may discharge the duties of the office until the Director of Urban Renewal returns, his disability ceases or the vacancy is filled. (As amended by L.L. 1966, No. 2) § 277. Powers and duties, generally. Except as otherwise provided by statute, and subject to the provisions of law and ordinances of the City Council, the Director of Urban Renewal and Redevelopment shall have power and shall be required to plan and administer urban renewal and redevelopment programs designed to improve areas of the City; to acquire and dispose of real property situated within the City of Mount Vernon; relocate family units and individuals; improve and dispose of sites under development and establish necessary administrative control over the various phrases of urban renewal and redevelopment; supervise technical and administrative employees; prepare estimates of cost involved in urban renewal and redevelopment projects; recommend methods for improvement of blighted areas and rehabilitation of existing properties; prepare application for slum clearance and rehabilitation projects in blighted areas and negotiate with federal and state officials relative to contemplated or approved projects; coordinate the work of various City agencies involved in urban and redevelopment programs; make detailed reports to the Mayor when requested by the Mayor, and perform such other duties in regard to urban renewal and redevelopment as the Mayor shall direct. (As added by L.L. 1960, No. 14; as amended by L.L. 1972, No. 1)

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