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* Cross References: The administrative ordinances not in conflict or inconsistent with this Code saved from repeal, § 1-16(19); administration of buildings and building regulations, § 22-31 et seq.; civil emergencies, ch. 30; human relations, ch. 46; law enforcement, ch. 50; library, ch. 54; planning, ch. 74; taxation, ch. 94; utilities, ch. 106.
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ARTICLE IV.
DEPARTMENTS*
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* Cross References: Fire department, § 34-31 et seq.; police department, § 50-31 et seq.
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DIVISION 1.
GENERALLY
Sec. 2-271. Enumeration.
The executive and administrative powers, authority and duties in the city are distributed into and among the following departments and the powers and duties to be performed are determined and assigned to the appropriate departments and officers, as set forth in this article:
(1) Department of public affairs.
(2) Department of accounts and finances.
(3) Department of public health and safety.
(4) Department of streets and public improvements.
(5) Department of public property.
(6) Department of community development.
(Code 1987, § 3.01)
Sec. 2-272. Employees and regulations.
Except as otherwise provided by law or this article, the commissioner of each department shall have the power to appoint and discharge all employees of such department in conformance with civil service regulations and the rules, regulations and statutory powers of the board of fire and police commissioners except such subordinate heads of such department as shall be elected by motion, resolution or ordinance of the council as a whole, and make and enforce such rules and regulations not inconsistent with law or the ordinances or rules and regulations adopted by the council as may be necessary to secure efficient conduct of the service of his department and of the business in charge thereof.
(Code 1987, § 3.07)
Secs. 2-273--2-290. Reserved.
DIVISION 2.
PUBLIC AFFAIRS
Sec. 2-291. Mayor's powers.
The mayor shall have and exercise all the powers and perform all the duties provided or prescribed by law or the ordinances of the city, not in conflict with the provisions of this division.
(Code 1987, § 3.02(a))
Sec. 2-292. Mayor as superintendent.
The mayor shall be superintendent of the department of public affairs, and, as such, shall have general supervision and oversight over all departments and officers of the city government.
(Code 1987, § 3.02(b))
Sec. 2-293. Chief executive officer.
The mayor shall be the chief executive officer and representative of the city, and shall preside at the meetings of the council. He shall sign all contracts on behalf of the city and shall have charge of and cause to be prepared and published all statements and reports required by law or ordinance or resolution of the council. The mayor shall grant all licenses and permits, and in the absence or inability of any of the councilmen to act, he shall exercise temporary supervision over the department of public affairs assigned to such councilman.
(Code 1987, § 3.02(c))
Sec. 2-294. Departments and officers.
The mayor shall have control and supervision over the corporation counsel and city engineer and all other officers and offices not by law or ordinance apportioned or assigned to some other department. The mayor shall have such control and supervision over the chief of police and police department as is not vested in the board of fire and police commissioners. He shall have cognizance of all bills for the police department and approve the same when correct.
(Code 1987, § 3.02(d))
Sec. 2-295. Traffic.
The mayor shall have charge of the enforcement of all ordinances and resolutions relating to the protection of traffic on the streets of the city.
(Code 1987, § 3.02(e))
Secs. 2-296--2-320. Reserved.
DIVISION 3.
ACCOUNTS AND FINANCES
Sec. 2-321. Commissioner's duties.
The commissioner of the department of accounts and finances shall have charge of and supervision over all accounts and records of the city, and all officers, boards or departments required to keep, or make accounts, records or reports. He shall inspect or cause to be inspected all records or accounts required to be kept in any of the offices or departments of the city and shall cause proper accounts and records to be kept and proper reports to be made.
(Code 1987, § 3.03(a))
Sec. 2-322. Audits.
The commissioner of the department of accounts and finances shall audit, or cause to be audited at frequent intervals, the accounts of every officer or employee who does or may receive or disburse money.
(Code 1987, § 3.03(b))
Sec. 2-323. Purchases.
The commissioner of the department of accounts and finances shall have charge of the purchase, care and distribution of all supplies and other articles not otherwise provided by law or ordinance.
(Code 1987, § 3.03(c))
Sec. 2-324. Claims.
The commissioner of the department of accounts and finances shall examine or cause to be examined, and report to the council upon all bills, accounts, payrolls and claims before they are acted upon or allowed, unless otherwise provided by law.
(Code 1987, § 3.03(d))
Sec. 2-325. Utility reports.
The commissioner of the department of accounts and finances shall procure from all persons or corporations operating public service utilities in the city, and cause to be placed on file, such reports as they are by law or ordinance or otherwise required to make to the city, or to any of its officers, and procure copies of such reports as are made to the state or any public officer or department, and cause same to be placed on file.
(Code 1987, § 3.03(e))
Sec. 2-326. Collection of fees.
The commissioner of the department of accounts and finances shall collect, or cause to be collected, all license fees, franchise taxes, rentals or other moneys, which may be due or become due to the city. He shall report to the council any failure to make reports or to pay moneys due to the city, with such recommendation in relation thereto as he may deem proper. He shall, whenever the city has authority so to do, cause to be examined the accounts and records of any person or corporation operating a public service utility in the city, and shall report to the council any refusal to permit such examination.
(Code 1987, § 3.03(f))
Sec. 2-327. Departments and officers.
The auditor, treasurer, city clerk and their respective offices or departments and all employees therein and all bookkeepersand accountants are apportioned and assigned to the department of accounts and finances, and shall be under the direction and supervision of the commissioner thereof. He shall have charge of and supervision over all printing by or for the city unless otherwise provided. He shall order all stationery, blank books and job printing on requisitions signed by the heads of the departments.
(Code 1987, § 3.03(g))
Sec. 2-328. Vice-president of council.
The commissioner of the department of accounts and finances shall also be vice-president of the council, and, in the absence of the mayor, or his inability to act, shall preside over the council, and shall perform all the usual duties of the mayor and head of the department of public affairs.
(Code 1987, § 3.03(h))
Secs. 2-329--2-350. Reserved.
DIVISION 4.
PUBLIC HEALTH AND SAFETY*
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* Cross References: Health and sanitation, ch. 38.
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Sec. 2-351. Departments and officers.
The plumbing inspector, electrical inspector, building official and their offices and all property and apparatus used therein, are all apportioned and assigned to the department of public health and safety. The commissioner of the department of public health and safety shall have such supervision over the fire chief and fire department as is not vested in the board of fire and police commissioners.
(Code 1987, § 3.04(a))
Sec. 2-352. Dumps.
The commissioner of the department of public health and safety shall have charge of and supervision over all public dumping grounds and dumps.
(Code 1987, § 3.04(b))
Sec. 2-353. Duties.
The commissioner of the department of public health and safety shall have charge of the purchase of apparatus and supplies of the departments, or the offices and departments assigned thereto. He shall have supervision over the construction and repair of all buildings assigned to such departments, and may, on application, receive assistance therein from other officers and departments of the city. He shall have cognizance of all bills for the fire department, plumbing inspector, electrical inspector, and building official as well as their salaries, and approve same when correct.
(Code 1987, § 3.04(c))
Secs. 2-354--2-370. Reserved.
DIVISION 5.
STREETS AND PUBLIC IMPROVEMENTS*
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* Cross References: Streets, sidewalks and other public places, ch. 86.
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Sec. 2-371. Duties of commissioner.
The commissioner of the department of streets and public improvements shall have authority over and charge of all public work, the cleaning, sprinkling, and repair of streets and public places, the entire erection, making and reconstruction of all street improvements, paving, curbing, sidewalks, bridges, viaducts, and all public improvements, and of the repair thereof, unless otherwise provided by law or ordinance. He shall approve the estimates of the city engineer, which may be made, from time to time, of the cost of such work as the same progresses, and recommend to the council the acceptance of work done or improvements made when completed according to contract, and perform such other duties as may be required by ordinance or resolution. He shall have charge of all bridges and have charge of enforcing the provisions of law relating to street obstructions, billboards, signs and waste paper and other receptacles. He shall have supervision over all public service utilities and all persons or corporations rendering service in the city under any franchise, contract or grant made or grants by the city or state, and shall report to the council or other proper officers any failure of such person or corporation to render service or observe the requirements or conditions of the franchise, contract or grant under which such public service utility is operated, except as otherwise provided in this division. He shall have charge of the purchase of apparatus and supplies of the department of streets and public improvements.
(Code 1987, § 3.05)
Sec. 2-372. Apportionment and assignment.
The commissioner of the department of streets and public improvements, and all employees therein, inspectors and all other officers and employees employed in connection with the work of the department, are apportioned and assigned to the department of streets and public improvements, and shall be under the supervision and direction of the commissioner thereof.
(Code 1987, § 3.05)
Secs. 2-373--2-390. Reserved.
DIVISION 6.
PUBLIC PROPERTY
Sec. 2-391. Duties of commissioner.
The commissioner of the department of public property shall have charge of and supervision over the waterworks, water and sewer department, light and lighting, city electrician, public buildings and grounds. He shall have charge of and supervision over the city hall and janitor thereof and all other city property not otherwise assigned by law or ordinance. He shall have charge of and supervision over the lighting of all street parkings and parkways. He shall have charge of the purchase of tools, equipment and supplies of such department. He shall have such assistance from the city engineer and the engineering department as may be necessary in surveying, laying out improvements and otherwise improving the parkways and boulevards and may, on application, receive assistance from other officers and departments of the city.
(Code 1987, § 3.06)
Secs. 2-392--2-410. Reserved.
DIVISION 7.
COMMUNITY DEVELOPMENT
Sec. 2-411. Created.
There is created the department of community development of the city, which shall be a subdepartment of the department of public affairs.
(Ord. No. 18-2001, § 1(3.33(a)), 3-20-2001)
Sec. 2-412. Personnel.
The city engineer shall be the director of the department of community development and the following additional personnel shall be assigned thereto: assistant city engineer, building official, zoning and code enforcement officer, plumbing inspector, electrical inspector, city planner and economic development director.
(Ord. No. 18-2001, § 1(3.33(b)), 3-20-2001)
Sec. 2-413. Duties.
The department of community development shall be responsible for engineering, zoning enforcement, planning, public works construction (water, sewers, streets, parks), code enforcement, construction inspection, subdivision reviews, economic development, together with all other related activities. This department shall perform such other duties and exercise such other responsibilities as may be assigned from time to time by the mayor and/or the council.
(Ord. No. 18-2001, § 1(3.33(c)), 3-20-2001)
Secs. 2-414--2-425. Reserved.
DIVISION 8.
LAW DEPARTMENT
Sec. 2-426. Creation.
There is established a department of the municipal government of the city which shall be known as the law department, and shall include the corporation counsel, who may also be designated city attorney in this Code, and such assistant counsel as the mayor and council may from time to time deem necessary to employ.
(Code 1987, § 3.11(a))
Sec. 2-427. Legal adviser.
The corporation counsel shall attend all meetings of the council and shall, when required, advise the council or any city officer in all matters of law in which the interests of the city are involved. He shall, when required by the mayor or council, furnish written opinions upon any subject submitted to him pertaining to the city or its interests.
(Code 1987, § 3.11(b))
Sec. 2-428. Drawing and examining papers.
The corporation counsel shall draw such ordinances, deeds, leases, bonds, contracts, notices, or such other instruments in writing as may be required by him by the mayor or council, and he shall examine and pass upon the legality of any and all papers submitted to him pertaining to the city or its interests, when required by the mayor or council.
(Code 1987, § 3.11(c))
Sec. 2-429. Legal actions.
The corporation counsel shall prosecute or defend, in behalf of the city, in any court, all cases in which the interests of the city are involved; and the city clerk shall furnish him with certified copies of any ordinance, bond, or other papers in his keeping necessary to be filed or used in any suit or proceeding. He shall be paid for this in addition to his regular annual salary.
(Code 1987, § 3.11(d))
Sec. 2-430. Collection of judgments.
The corporation counsel shall cause execution to be issued upon all judgments recovered in favor of the city, and see to their prompt collection. He shall examine all fee-bills of officers of courts and certify to the correctness of the same and the liability of the city therefor.
(Code 1987, § 3.11(e))
Sec. 2-431. Prosecution for violations of ordinances.
The corporation counsel is charged with prosecution of all actions for violations of the ordinances of the city, and with the conducting of all proceedings in court or on appeal therefrom. He shall institute and prosecute an action in every case where there has been a violation of a city ordinance, when instructed to do so by the council, or upon complaint of any other person when, in his judgment, the public interest shall require the same to be prosecuted.
(Code 1987, § 3.11(f))
Sec. 2-432. Dismissing suits.
The corporation counsel shall not be required to prosecute any suit or action arising under the ordinances of the city when, upon investigation of the same, he shall become satisfied that the complaint was instituted maliciously or vexatiously or without probable cause; and he shall be authorized to discontinue such suit or proceeding upon such terms as may be just and equitable.
(Code 1987, § 3.11(g))