Article 11 - Department of Public Works - Code

Section 11.01 Organization.

The department of public works shall be headed by a commissioner, who shall possess the qualifications required by article XI of the county charter. She or he shall organize the department under the supervision and direction of the county executive; (1) a division of highways, (2) a division of buildings and grounds, and (3) a division of fleet services.

 

Section 11.02 Powers and duties.

1. The commissioner of public works shall have all the powers and duties and shall be subject to all the liabilities and obligations heretofore or hereafter lawfully granted or imposed by the county charter, by this code, by local law, ordinance or resolution of the county legislature, by order or direction of the county executive, or by any applicable provisions of any act of the legislature not inconsistent with the county charter or this code. Such powers, duties, obligations and liabilities shall include, but shall not be limited to, any power, duty, obligation or liability now or hereafter required to be performed by or imposed upon a county engineer or a county superintendent of highways or a county traffic safety board and/or the executive secretary of a county traffic safety board.
2. The commissioner of public works may delegate to one or more of her or his deputies’ specific powers and duties of the commissioner of public works, including those which she or he has as county engineer or as a county superintendent of highways, and may revoke such delegations. Such delegations and revocations shall be in writing and shall set forth the specific power or powers, duty or duties so delegated or revoked. Such written delegations or revocations shall be filed with the county executive and with the county clerk, and if the powers or duties so delegated or revoked are those which the commissioner of public works has as county engineer or county superintendent of highways, a duplicate of such written delegation or revocation shall be filed with the state superintendent of public works. The acts performed by such deputies pursuant to such delegations shall have the same effect in law as if performed by the commissioner of public works.
3. Within the appropriations provided therefore, and when authorized by the county executive, the commissioner of public works may employ such special engineering, architectural or other technical counsel and incur such expenses as may be necessary for the performance of any of the duties set forth in article XI of the county charter or in this code. Professional fees or other compensation shall not exceed rates approved by the county legislature.
4. The commissioner of public works and any consultant, deputy, assistant or employee of the department when authorized by her or him may enter upon any public or private property within the county for the purpose of making any surveys, examinations or investigations necessary or desirable for the exercise of the powers or the performance of the duties of the department.
5. The commissioner of public works may arrange, subject to the approval of the county executive and the county legislature, with any city, town, village, public authority, district or commissioners within the county for public works services. The charge for such services shall be in each case the costs and expenses of rendering the service as provided by section twenty-four hundred two of the county charter and as certified by the commissioner of public works and the comptroller.
6. The commissioner of public works shall be the administrative and enforcement officer of the county for all purposes under the New York state uniform fire prevention and building code. The commissioner shall have the authority to promulgate rules and regulations consistent with the New York state fire prevention and building code, and shall establish a system of permits, inspections and approvals of all construction, reconstruction, renovation or modification of any building owned by the county. All buildings owned by the county, including but not limited to those under the custodial jurisdiction of the commissioner, community college, the library, holding center, correctional facility, and laboratory, shall be subject to the fire prevention and building code established by the commissioner, and shall be subject to the enforcement jurisdiction of the commissioner. The commissioner may delegate the inspection and enforcement of the New York state uniform fire prevention and building code to deputies and employees within the department, and by rule may delegate such powers to licensed professional engineers with the division of sewerage management in the department of environment and planning. No county owned building shall be constructed, altered, or renovated until a permit is first issued by the commissioner. The commissioner shall have the power to: deny permits to proposed projects which do not meet the standards of the uniform fire prevention and building code; order employees and contractors to cease work on unapproved or disapproved projects; enter all permitted premises at any time to inspect the course of construction, renovation or alteration; cause workers to change, correct or remove work which fails inspection; or cause employees or contractors to cease work. No certificate of occupancy shall be issued and no person shall occupy any county building, or any altered or renovated part of such building, until the work is first inspected and approved pursuant to this section.

Section 11.03 Division of highways.

1. The division of highways shall be headed by a deputy commissioner, who shall, to the extent that the commissioner of public works shall designate the same in writing, have all of the powers and duties vested in and imposed upon a county superintendent of highways or a county engineer by the highway law. She or he shall have such other duties as may be prescribed by local law, ordinance or resolution of the county legislature or by direction of the commissioner of public works.
2. Except as the provisions of the highway law conflict with or are changed by the county charter or this code, such provisions shall apply to and define the powers, duties and obligations of the commissioner of public works, or of her or his designated deputy, when exercising any of the powers or performing any of the duties of a county superintendent of highways or a county engineer.
3. The statements and reports required to be filed with the county legislature and public works department by paragraphs three and seven of section one hundred two of article XX of the highway law shall also be filed with the county executive.
4. The inventories required by paragraph thirteen of section one hundred two of article XX of the highway law shall be filed with the county legislature, the county executive, the comptroller, the budget director and the director of purchase.
5. The commissioner of public works may permit the rental, with or without operator, of the county highway machinery, tools, equipment and implements by any county or by any city, town, village, school or other district in Erie county, upon such terms as may be agreed upon, but with the payment to the county of not less than the hourly rate as fixed by the state superintendent of public works for the rental or hiring of such machinery, tools or equipment by the county. All sums obtained pursuant to any terms agreed upon shall be deposited in the county road machinery fund.
6. The deputy commissioner shall be responsible for the care and supervision of all vehicles and vehicle maintenance equipment in the division and the operation of a central motor pool for county employee use, as well as the collection of data on maintenance and operating costs of all county vehicles and the preparation and distribution of vehicle cost and utilization reports to participating departments and agencies

Section 11.04 Division of buildings and grounds.

The division of buildings and grounds shall be headed by a deputy commissioner who shall be appointed on the basis of her or his administrative experience and qualifications for the duties of the office. She or he shall:

1. Have charge of the preservation and maintenance of all buildings and grounds owned or leased by the county which are held, used and/or operated by the county for county purposes, except (1) lands and buildings under the jurisdiction of the division of highways or the department of parks, recreation, forestry, and (2) custodial care of the community college, library, holding center, correctional facility, and laboratory;
2. Have charge and control of all janitors, caretakers, engineers and any other employees connected with the care and maintenance of county buildings and grounds except as provided in paragraph a of this section. She or he may make such rules and regulations governing such employees as she or he shall deem proper, subject to the approval of the commissioner of public works; and
3. Perform such other duties and make such reports as are required by the commissioner of public works.

Section 11.05 Traffic safety advisory board.

The county executive shall appoint a traffic safety advisory board of fifteen members interested in traffic safety and traffic problems. Each member shall be a resident of Erie county and shall be a qualified elector thereof. At least one of such members shall be a resident of each of the cities contained in the county and at least six of such members shall be residents of the area of the county outside such cities. The said board shall annually elect a chairman, vice chairman and secretary from its members. Meetings of the traffic safety advisory board shall be held at the call of the commissioner of public works or the chairman of such board on three days' written notice mailed to the last known address of such board members. Such board shall have and exercise the powers and duties conferred or imposed upon it by the county charter or this code. The term of office of such members shall be five years. The terms of office of the incumbent members of the traffic safety advisory board shall continue for the periods for which such members shall have been appointed. Vacancies in the membership of the board occurring otherwise than by expiration of term shall be filled by appointment for the unexpired term.