TITLE VI. EXECUTIVE DEPARTMENTS
ARTICLE 56. FINANCE DEPARTMENT
154 Composition.
The board of finance shall be constituted as follows: The mayor shall, ex officio, be chairman of said board and together with the president of the city council and three additional members of the city council who shall be elected at the first meeting of the city council in April of each year and who shall serve a term of one year from the date of their election shall constitute said board of finance. In addition, the chief administrative officer shall serve as a nonvoting member of said board. All of the additional three members elected from the city council may not be members of the same political party. The members of said board shall be trustees of public moneys for the city and shall have the powers and perform all the duties of similar officers in towns of this state; provided, however, that they shall make no investment or reinvestment of any of the cemetery endowment funds of the city without first obtaining the written approval thereof by a majority of the board of cemetery commissioners. The clerk/treasurer’s office shall provide staff assistance for said board. In the absence or disability of the mayor, the chief administrative officer shall sit as a voting member.
(Act No. M-4, § 2, approved 4-4-2011)
155 Board to act as board of audit; uniform system to be adopted.
The board of finance shall act as a board of audit. They shall establish, and each department shall adopt, such systems of accounting and auditing for each department of the city government, as will give uniform and reliable methods for transacting the business of the city.
156 Monthly reports; annual audit.
The board of finance shall provide for regular monthly reports to be made by each department to the city council; they shall also provide for the annual auditing of the books of each department, by a competent professional auditor, and may also provide for such further auditing as shall to said board seem advisable.
157 Preparation and submission of budget.
The mayor shall, with the assistance of the other members of the board of finance, annually prepare an estimate of the necessary appropriations to cover the expenses of each department and branch of the city government for the next fiscal year, to be known as the "budget," and shall submit said "budget" to the city council for its guidance and action in making the annual appropriations and the tax levy for such next fiscal year. The mayor shall submit the "budget" to the city council on or before June 15 of each year and the city council shall make the annual appropriations and the tax levy no later than June 30 of each year. The city council may reduce the items of such budget, but shall not increase them except by two-thirds vote of said city council. Wherever any appropriation, annual or otherwise, shall be made to any department or branch of the city government, for any specified purpose, no part of such appropriation shall be expended for any purpose other than the one specified, unless authorized by resolution of the city council or by written permission of the board of finance. Nothing herein contained shall authorize the board of finance to transfer any appropriation, or any part of any appropriation, from one department or branch of the city government to another.
158 Sinking fund established.
The general sinking fund of the city, so-called, is hereby abolished and all moneys or funds currently deposited in such sinking fund shall be appropriated in accordance with the requirements of sections 65 and 157 of this Charter.
159 Selection of official depositary.
The board of finance shall, in the month of June, 1994, and not less frequently than once every three years thereafter, procure from chartered banks of known reliability and sufficient capital their offers to act as depositary for the city moneys, or for specified portions thereof, and the terms upon which they will receive such moneys, and also the terms upon which they will furnish money upon such temporary and emergency loans to the city, or specified portions thereof, as the city council from time to time may authorize. They shall by vote determine which of said offers, if any, they accept, and appoint such bank or banks whose offer or offers are accepted, as depositary or depositaries of such moneys, or any portion thereof, to which any offer relates, as to them shall appear to be for the best interests of the city.
160 Care and control of public buildings.
The board of finance shall also have the care and control of all public buildings not specifically in charge of any other department of the city under this chapter or ordinance or resolution of the city council. They shall appoint or employ such persons as may be required for the proper care of the buildings, and may prescribe their salaries and fix their duties.
161 Repairs to public buildings.
The board of finance may cause such repairs or enlargements to be made to said buildings from time to time as the interests of the city may require; provided, however, that when the estimated cost of any such repairs or enlargements exceeds the amount of money appropriated by the city council to the public buildings account in any fiscal year, they shall make report thereon to the city council for their approval before any expenditure shall be made for such purpose, and shall in April and October of each year report the condition of said buildings to the city council.
162 Board authorized to rent portions of public buildings.
The board of finance may rent such portion of the public buildings to such public officers or private persons as to them shall seem for the best interests of the city; provided, however, that rentals for a period of more than one week shall require the approval of the city council.
ARTICLE 57. SCHOOL COMMISSIONERS
163 Composition.
(a) The Board of School Commissioners of said City shall be composed of 12 school commissioners. One commissioner from Ward One through Eight inclusive and one commissioner from each of the four districts shall be elected as hereinbefore and hereinafter provided.
(b) Anything contained herein or in the general statutes to the contrary notwithstanding, all candidates for the Board of School Commissioners shall be elected on a nonpartisan basis. No reference shall be made on an election ballot to a candidate’s political affiliation or to the endorsement of any such candidate by political party or parties.
(Act No. M-15, § 2, approved 3-4-14)
164 Terms; elections.
(a) On the first Tuesday in March 2015 and biennially thereafter, the legal voters of each of the South, Central, East, and North City districts shall, from among the legal voters of their respective districts, elect a school commissioner for a two-year term.
(b)(1) On the first Tuesday in March 2015, the legal voters from each of Wards One, Two, Three, Four, Five, Six, Seven, and Eight shall, from among the legal voters of their respective ward, elect a school commissioner for a three-year term.
(2) On the first Tuesday in March 2018 and biennially thereafter, the legal voters of each ward shall elect a school commissioner for a two-year term.
(c) The term of each school commissioner shall begin on the first Monday in April following his or her election.
(Act No. M-15, § 2, approved 3-4-14)
165 Manner of filling vacancies.
In case of a vacancy in the office of school commissioner, occasioned by death, resignation, removal from the ward or as a result of such school commissioner no longer residing in such ward as a result of reapportionment or other causes, the same shall be filled by a new election in the proper ward; and in case there shall arise an occasion for any such new election, for any of the above mentioned causes, the same shall be held within ninety days of the date of such vacancy, provided such vacancy shall occur before the first day in October in any year; otherwise it shall be filled at the next annual city election. In the case of reapportionment, such election shall be held at the next ensuing annual city meeting and the term of the school commissioner who no longer resides in the ward as a result of reapportionment shall continue until the newly elected school commissioner assumes office on the first Monday in April.
166 Meetings.
Said board shall, by general regulations, provide for the holding of regular meetings. The clerk shall call special meetings whenever a majority of the commissioners concur in requesting him so to do. All meetings of the board of school commissioners shall be open to the public except when an executive session is deemed advisable by a majority of the board for discussion of appointments, disciplinary action or termination of contracts of school personnel, and except when an executive session is deemed advisable by a majority of the board for consultation with the board’s attorney on legal matters or for communication of collective bargaining instructions to the duly appointed negotiator for the board.
167 Duties.
Said board shall have the care and custody of all property belonging to or used for the several public schools of said city and such care shall include authority to make ordinary repairs on school property and finish any unfinished apartments and make such alterations in any school building, as said board shall deem best; shall employ teachers and fix their compensation; have the management and control of all the public schools of said city; establish and maintain an adequate system of financial disbursement, accounting, control and reporting procedures that ensures that all payments are lawful and in accordance with a budget adopted or amended by the board.
168 Adoption of budget.
(a) Said board shall annually be responsible for the preparation and adoption of a budget which shall include a detailed estimate of revenues and expenditures for the ensuing July 1 to June 30 fiscal year. The budget shall be formally adopted no later than January 20 of the fiscal year prior to its applicability, but it may be amended by the board from time to time thereafter.
The board shall, not earlier than 21 days prior to its formal action to adopt a budget, make a formal presentation to the city council, at a city council meeting to be called for this purpose, concerning its proposed budget. At such meeting, the city council will also allocate time to receive public commentary on the proposed budget. The board shall also present information concerning its purposed budget, the status of the current fiscal year to date, its educational goals and outcomes, its strategies for improvement and other pertinent information.
(b) (1) Annually, immediately following the formal adoption of its budget, the board shall pass a resolution placing before the voters at the annual city meeting the question of whether the Education Spending portion of the board-adopted budget will be approved. The city’s chief administrative officer shall place such budget approval question upon the ballot of the annual city meeting.
(2) Should a majority of the voters present and voting approve the presented Education Spending portion of the budget, it shall be considered approved. If such portion of the board-adopted budget is not approved at the annual city meeting, the board may make alterations thereto which it deems appropriate, if any, and thereafter resubmit such portion of the budget to the voters at a special city meeting to be arranged for such purpose by the chief administrative officer. This sequence may be repeated until the voters approve the Education Spending portion of the budget presented to them or until July 1 of any year, whichever sooner occurs. Should such portion of the budget not be approved by the voters by July 1 of any year, the board shall amend its budget and may permit Education Spending for that fiscal year in an amount which does not exceed the Education Spending last duly approved by the legal voters adjusted by the total dollar amount charge in the base education payment for the budget year multiplied by the equalized pupil count for the budget year. No question which is submitted to the voters on or after May 20 of any year shall be subject to a petition for reconsideration or rescission under any provision of this Charter or under Chapter 55 of Title 17.
(c) Repealed.
(Act No. M-14, §§ 3, 9, approved 5-19-2004)
169 Powers generally; authority to establish graded schools.
Said board shall have in general all the powers and authority, and perform all the duties, pertaining to school officers in towns of this state, not inconsistent with the provisions of this Charter. It may establish graded schools and provide for instruction in the sciences and in the higher branches of a thorough education.
170 Authority to establish by-laws and regulations.
Said board may establish such by-laws and regulations for carrying out the powers herein granted, as are consistent with the provisions of this Charter and the general law of this state.
ARTICLE 58. SUPERINTENDENT OF SCHOOLS
171 Appointment; compensation; removal; term.
Said commissioners shall, if applicable under the circumstances, during the second week in April, appoint the superintendent of schools and/or fix his compensation, which shall be paid by the school commissioners in the same manner as other expenses for the support of schools; and for causes of incapacity, negligence or misconduct they may remove such superintendent of schools from office and they shall by appointment fill all vacancies in such office arising from any cause. Such superintendent shall be appointed to serve a term, the length of which shall not be for less than one year nor more than three (3) years which term shall commence on the first day of July following such appointment. The superintendent shall hold his office for his full appointed term unless excused therefrom by the school commissioners or unless sooner removed as hereinbefore provided.
172 Duties of superintendent; commissioners to file monthly report.
The superintendent of schools shall perform such duties in connection with the public schools of said city as shall be assigned him or her by the board of school commissioners. The superintendent shall annually report to the city council such statistics as are required by the law of this state, and such other information as the superintendent shall deem proper or the school commissioners shall direct, or the city council shall request. The board of school commissioners shall make a monthly report in writing and file the same with the chief administrative officer on the first day of each calendar month, showing the repairs on public school buildings and grounds in connection therewith for the month previous and shall give such other information as the city council shall request with reference to the administration of the school department.
173 Appointment; duties.
Said board shall appoint truant officers for said city, as provided by general law. Said truant officers shall have the same powers and perform the same duties as prescribed by the general law of this state for truant officers in towns and cities, and shall have such further powers and perform such further duties as shall be prescribed by said board or by any ordinance, regulation, or by-law of said city.
174 City to provide, equip and maintain.
It shall be the duty of said city to provide, equip and maintain suitable schoolhouses for the accommodation of all the public schools of, or required by, said city.
175 Commissioners to control location, construction, sale and purchase.
The location and construction of the schoolhouses, and the management, sale and purchase of school property, shall be under the control of the school commissioners, subject to the limitations herein provided, and the limitation upon their power of incurring liabilities in behalf of said city.
176 Statement showing necessity for construction or purchase required.
Before the school commissioners shall purchase any real estate for school purposes, or enter into any contract for the construction of any school building, other than repairs of and additions to existing school buildings deemed necessary by said school commissioners, they shall file with the chief administrative officer of the city council a statement showing the necessity of such purchase of real estate, or of the construction of such building, together with an estimate of the cost of such real estate, or of the construction of such building, and the amount of money necessary for such repairs.
177 Council to approve purchase or construction.
They shall not purchase any real estate, nor enter into any contract for the construction of any school building, until such action has been approved, and the funds for the same provided, by the city council.
178 Funds for construction or purchase to be provided by tax levy.
Upon the approval by the city council of such proposed purchase of real estate for school purposes, or such proposed construction of a school building, said city council shall provide the necessary money for such purpose by levying a tax sufficient to meet the whole or any part of the expense of such purchase or construction, or by the issuance of bonds authorized by the legal voters of the city pursuant to the provisions of section 63 of this Charter.
ARTICLE 61. LIBRARY DEPARTMENT
179 Composition.
The board of library commissioners shall consist of ten members. Six of such members shall be designated the public commissioners and four of such members shall be designated the trustee commissioners.
(1) Four of such public commissioners shall be appointed by the city council with mayor presiding. One public commissioner shall be the mayor or his/her designee and one public commissioner shall be an employee of the library elected by the employees thereof.
(2) The four trustee commissioners will be appointed on a self-perpetuating basis by the trustee commissioners.
(3) The term of all voting commissioners other than the mayor and library staff shall be three years. The mayor’s or his or her designee’s term shall coincide with the mayor’s term of office. The public commissioner elected from the library staff shall be elected for a one-year term.
(4) The initial terms of the commissioners shall be staggered. During the first week in June 1991, two trustee commissioners shall be appointed by the present trustees of the Fletcher Free Library for a term of three years, one for a term of two years, and one for a term of one year. Thereafter, all such appointments shall be for a term of three years commencing the first day of July following their appointment and continuing until their successors have been appointed and qualified.
(5) The four public commissioners appointed by the city council with mayor presiding must at all times be residents of the city. Neither the public commissioner elected by the library staff nor the trustee commissioners must reside in the city, but all trustee commissioners must reside within Chittenden County.
(6) In addition, the board of library commissioners may appoint not more than two additional nonvoting advisory members of the board to serve for terms that the board shall deem appropriate.
(7) A chair of the board of library commissioners and a clerk of the board shall be appointed at the first meeting in July. The clerk need not be a member of the board. (Act No. M-7, § 2, approved 3-3-15)
180 Duties.
The city council may make and establish all proper and necessary rules and regulations for the management and guidance of the library department. The librarians shall have charge of the library building and the grounds and shall appoint such employees as may be authorized by the city council. The city council shall have responsibility for the entirety of the collection of books, pictures, materials and articles of historic, educational or artistic interest except for those articles which have been acquired with the funds available under the deed of gift from Mrs. and Miss Fletcher, which property shall be under the control of the trust. The city council shall see to it that all lands and buildings used for library purposes by the city are kept in good condition and repair. Except for the revenues produced by the deed of gift from Mrs. and Miss Fletcher, the library department shall have no power to expend any money or incur any debt beyond the amount of the appropriations made by the city council. Section 133 of this Charter relating to conflicts of interest shall not apply to the library staff member who is elected a public commissioner, but such commissioner shall not participate in any fashion at any board of commissioners’ level, formally or informally, in the discussion of the matter, nor cast a vote of any kind at any commission level with respect to a matter involving grievances, arbitrations or other personnel matters which may properly be discussed in executive session. The board of library commissioners shall have such authority and responsibility relating to the management of library facilities and services referenced herein as may be delegated from time to time by resolution of the city council. The appointed librarian(s) shall be subject to the authority of the mayor as chief executive officer.
181 Liabilities to be approved and budget preparation.
All bills, accounts and claims on account of the library and its maintenance, except such as are incurred by the trustee commissioners on account of funds under their control, shall be approved by the city council or, if such authority has been delegated to it, by six or more members of the board of library commissioners and the mayor’s warrant shall be drawn upon the chief administrative officer for the payment of such bills, accounts and claims. By such date requested annually by the mayor, the library staff shall prepare and the board of library commissioners shall approve a recommended library budget for the ensuing fiscal year. Such proposed budget after being presented to the mayor may be revised as he or she believes appropriate and ultimately submitted to the city council for its approval in accordance with the procedures set forth in section 157 of this Charter.
182 [Reserved.].
183 Board of police commissioners; composition; terms.
The board of police commissioners shall consist of seven (7) legal voters of said city, to be appointed by the city council with mayor presiding to serve for three (3) years and until their successors are appointed and qualified.
(Act No. M-18, § 2, approved 3-1-16)
184 Same-powers and duties.
The city council shall make rules and regulations for the government of the entire police force and shall fix the qualifications of applicants for positions and service on said force and the chief of police shall furnish the city council with any information they may require concerning the finances of the police department. The chief of police shall be responsible for all expenditures made by the police department and no expenditures shall be made by the department except in conformity with the standards promulgated by the city council. The board of police commissioners shall have such authority and responsibility relating to the management of the police department, its services and facilities, as may be delegated from time to time by resolution of the city council. Said board shall notify the mayor and the chief administrative officer, in writing, of any and all changes, modifications or additions to the rules and regulations of the department.
ARTICLE 63. CHIEF OF POLICE AND CAPTAIN
185 Officers of police force designated.
(a) The direction and control of the entire police force, except as herein otherwise provided, shall be vested in a police officer who shall be called the chief of police, and such other ranking police officers as the city council shall authorize. The order of rank and succession within the police department shall be as designated by the city council by regulation.
(b) Except as herein otherwise provided, such officers shall have the powers and duties granted to police officers by Vermont law and assigned to them by regulations adopted under section 184 of this Charter.
ARTICLE 64. APPOINTMENT OF POLICE OFFICERS
186 Manner of filling vacancies.
Whenever a vacancy occurs in any other position, the chief may appoint a successor.
(Act No. M-14, § 4, approved 5-19-2004)
187 Force to be maintained; selection of members.
A regular police force for said city shall be maintained in the city. No applicant shall be deemed qualified for employment on said force until he or she has been approved by the chief of police. The process for determining the qualifications of and employing police officers shall fully comply with the city’s comprehensive personnel policy manual as the same may be amended from time to time.
(Act No. M-14, § 5, approved 5-19-2004)
188 Manner of appointment.
The chief shall, from time to time, as the needs of the city may require, appoint from the approved applicants. If the name of the applicant has been on the approved list for more than six months, the applicant shall take and pass a new examination by the board of medical examiners before being appointed.
(Act No. M-14, § 6, approved 5-19-2004)
189 Members of force to be retained as long as they remain competent.
The members of said regular police force now serving, or who shall hereafter be appointed thereto, shall, after the expiration of the one-year probationary period above provided, and so long as they shall remain competent, efficient and capable in the performance of their respective duties be retained as such, subject to the rules and regulations adopted under Section 184 of this Charter and provided that any member may be removed for cause as hereinafter provided.
ARTICLE 65. REMOVAL OR SUSPENSION
190 Chief may remove member for cause; hearing.
(a) Whenever it shall appear to the chief that any member of said force has become incompetent, inefficient or incapable from any cause, or is or has been negligent or derelict in his or her official duty, or is guilty of any misconduct in his or her private or official life, or whenever any well-grounded complaints or charges to such effect are made in writing to the chief by a responsible person against such member, the chief may investigate and, after appropriate notice an hearing, dismiss such member from the force, order a reduction in rank, or suspend the member without pay for a specified time period in excess of 14 days. In connection with any possible dismissal, demotion, or suspension for more than 14 days, the chief’s notice to the member shall be given at least 48 hours prior to any hearing and shall include a description of the charges being considered. In connection therewith, the chief shall have the power to subpoena witnesses and to administer the oath to such witnesses. The board of police commissioners shall hear any appeal filed in a timely manner with respect to such actions of the police chief. The time of filing an appeal and the nature of the appellate process shall be as determined by such board of regulation. Following its consideration of any such appeal, the board may affirm, modify, or vacate the decision made by the police chief.
(b) Whenever it shall appear to the mayor that the chief has become incompetent, inefficient, or incapable from any cause, or has been negligent or derelict in his or her official duty, or is guilty of any misconduct in his or her private or official life, or whenever any well-grounded complaints or charges to such effect are made in writing to the mayor by a responsible person, the mayor may suspend the chief from duty pending a hearing thereon by the city council. The city council shall forth with notify the chief of the charges preferred by them, or of the complaints or charges presented by such responsible person in writing, and shall thereupon proceed to consider and investigate the same. It shall appoint a time and place for the hearing of such complaints and charges so made, shall give the chief reasonable notice of the same, not less than 48 hours, and the city council shall have the power to subpoena witnesses and to administer the oath to such witnesses.
(c) If, upon hearing, the city council shall find such complaints or charges to be well founded, it may dismiss the chief from the force, demote him or her in rank, or suspend him or her without pay for a period not to exceed 60 days. The procedures outlined in this section shall control in the event of any conflict with section 129 of this Charter as pertains to the removal of the chief.
(d) The chief may, without notice or hearing for any infraction, violation, or disobedience of any of the rules and regulations of the police department that may seem to the chief sufficient, suspend from duty without pay any member of the police force for a period not to exceed 14 days.
(Act No. M-14, § 7, approved 5-19-2004)
191 Political activity restricted.
No person while an officer or other member of the regular police force of the City shall publicly endorse any candidate for political office, serve as a campaign assistant on behalf of any candidate for political office or perform any public campaign activity on behalf of any candidate for public office for which Burlington voters are casting ballots. The foregoing shall not prohibit a police officer from voting in any election; or from expressing his or her views concerning any referendum question being considered; and shall not prevent a collective bargaining unit which represents police officers from endorsing candidates in elections, provided that no bargaining unit representative announcing such endorsement may do so while wearing a police uniform. No person shall be appointed to or retained in the department as a reward for political service rendered, nor in any manner be discriminated against because of his failure to render such service.
ARTICLE 67. LOCAL AND SPECIAL POLICE OFFICERS
192 Authority to appoint; defined; powers.
(a) In addition to the regular police force hereinbefore provided for, the chief, with the approval of the board of police commissioners, may appoint for a term not to exceed one year, such limited and special police officers as he or she may consider desirable. Such appointments shall be revocable by the chief, without cause, with the approval of said board.
(b) The term "limited police officer" shall be construed to mean police officers appointed upon request for the protection of private property, and their appointment shall restrict their powers to a jurisdiction described as on or about designated premises. Limited police officers shall receive no pay from the city. The term "special police officer" shall be construed to mean police officers appointed for special public service. A special police officer shall have the same general powers and authority as a regular police officer, and may receive pay from the city according to the service performed by him or her, except that he or she shall not receive pay for more than ninety days’ service during any one fiscal year of the city unless he shall have been subject to the same conditions of appointment as are herein provided for regular police officers, or unless there shall exist a shortage of regular members of the police force and a lack of qualified applicants for appointment thereto.
ARTICLE 68. POWERS AND COMPENSATION
193 Service and process; fees allowed.
All police officers shall have authority to serve anywhere within the state and return process in criminal causes returnable within the city; and for such duties there shall be taxed and allowed the fees provided by law for a sheriff, for similar services, which fees shall belong to the city, to be paid into the city treasury whenever such policeman shall be under pay from the city.
194 Police to have same powers as constables; jurisdiction limited.
The said police officers shall have the power of constables in all matters arising under the criminal and police laws of the state and the ordinances and police regulations of the city, except that the jurisdiction of the limited police officer shall be restricted as set forth in section 192 of this Charter.
195 Compensation to be set by council.
The compensation of all police officers, including that of the chief of police, shall be fixed by the city council, and all fees accruing to them under the laws of the state or the provisions of this Charter shall belong to said city and shall be paid into the city treasury.
195a Authority of University of Vermont Police Officers.
University of Vermont Police Officers are hereby empowered to enforce City of Burlington municipal ordinances and to issue citations for the violation thereof.
(Act No. M-14, § 8, approved 5-19-2004)
ARTICLE 69. FIRE COMMISSIONERS
196 Composition.
(a) The board of fire commissioners shall consist of five legal voters of the city, to be appointed by the city council with mayor presiding to serve for three years and until their successors are appointed and qualified, except as herein otherwise provided.
(b) The city council with mayor presiding shall also at the time of the commission appointments appoint up to five fire wardens. (Act No. M-7, § 2, approved 3-3-15)
197 Authority to establish rules and regulations for fire department.
The city council may make and establish all proper and necessary rules and regulations for the management and guidance of the fire department and for the control and regulation of the fire protection of the city.
198 Fire department; created; members; appointment.
There shall be a paid fire department for said city, which shall consist of the following members, to wit: One chief engineer, and such subordinate positions as the city council may authorize from time to time. The members of said fire department shall be employed by the chief engineer.
199 Department to be under supervision of chief engineer.
Said department shall be at all times under special and immediate care and practical supervision of the chief engineer, subject to the authority of the mayor as chief executive officer and the ordinances and orders of the city council.
200 Powers of fire commissioners.
The board of fire commissioners may exercise such of the referenced powers relating to the fire department as may be delegated from time to time by resolution of the city council.
201 Powers relating to fire department.
The city council shall have full power to try and determine all complaints against any member of said department, and to remove them, or any of them summarily, or on conviction of insubordination, neglect of duty, incompetency or violation of the rules, regulations or ordinances governing said department. The city council shall also have the power, upon the recommendation of the chief engineer, to make such changes in the positions held by any member of the department, either to remove him or her or place him or her in a subordinate position, as they may deem for the best interests of the department.
202 Political activity restricted.
No person, while an officer or other member of the fire department of the City, shall publicly endorse any candidate for political office, serve as a campaign assistant on behalf of any candidate for political office or perform any public campaign activity on behalf of any candidate for public office for which Burlington voters are casting ballots. The foregoing shall not prohibit a fire officer from voting in any election; or from expressing his or her views concerning any referendum question being considered; and shall not prevent a collective bargaining unit which represents fire officers from endorsing candidates in elections, provided that no bargaining unit representative announcing such endorsement may do so while wearing a fire uniform. No person shall be appointed to or retained in the department as a reward for political service rendered, nor in any manner be discriminated against because of his failure to render such service.
ARTICLE 72. DEPARTMENT OF PUBLIC PARKS
203 Commissioners to manage parks; composition of board.
The public parks of the City of Burlington now in existence, and those which may hereafter be established, together with all park property which may be acquired and all public recreational activities hereafter sponsored by the city, shall be under the management, care and control of the city council. The parks and recreation department may likewise co-sponsor recreational activities with other public and/or private agencies. The city council may by resolution delegate any of the powers relating to parks and recreation to the board of parks and recreation commissioners. The board of parks and recreation commissioners shall consist of seven (7) legal voters of said city, to be appointed as hereinbefore provided.
(Act No. M-18, § 2, approved 3-1-16)
204 Records to be kept; annual reports to city council required.
The parks and recreation department shall keep an accurate record and books of account, and shall annually transmit to the city council a full and detailed report and statement of all its acts and doings, together with a complete and itemized account of all receipts and disbursements. The books of account and records of the department shall, at all times, be open to inspection and subject to an annual audit by the proper municipal officer.
205 Parks and recreation department; appointment of superintendent and engineer.
The superintendent shall prescribe and assign the respective duties, powers and authority, and shall, subject to the approval of the city council, fix and regulate the compensation to be paid to the several persons so employed. The superintendent shall have the special and immediate care and practical supervision of the parks and recreation department, subject to the authority of the mayor as chief executive officer and the orders and ordinances of the city council.
206 Establishment and maintenance of athletic activities authorized; charging admission fees permitted.
Said department may establish, manage and promote athletic and recreational activities in the parks and other appropriate buildings and places; and in the management and promotion thereof, said department may, subject to the approval of the city council, charge admission and/or user fees, which fees shall be used by the department first, in defraying the expenses of such activities, and any excess in the amount of such fee after such expenses are paid shall be used by the department in the maintenance and improvements of the city parks and recreational program.
207 Authorization to establish and alter rules for park operation.
The city council shall have power to make and alter from time to time, all needful rules and regulations for the maintenance of order, safety, and decency in said parks and for said recreational program and to fix penalties for disobedience thereof; which rules and regulations shall have the force of ordinances of the City of Burlington; provided, that no such rule or regulation shall be of any effect unless it shall have been first published in full in one or more of the daily newspapers published in Burlington, and also printed and made available for inspection at the office of the superintendent. Any member of the police department may arrest, without warrant, in any such park or places, any person who has broken any park or recreational rule or committed any other offense in a park or place of public recreational activity.
208 Determination of location of sewers, water pipes, wires, etc.
The city council shall have sole power to determine the places in said parks where sewers, gas and water pipes shall be laid; and no trench, for these purposes, shall be opened until the city council has designated the location of the same and given permission in writing. No telegraph, telephone, or electric light wires, or other wires, or posts or supports therefor, shall be erected in, upon, through, or over said parks without the consent in writing of the city council, who shall designate the place and manner of maintaining the same, to be altered at such time and in such manner and under such conditions as the city council shall deem best.
209 Regulation of planting and care of trees in parks.
The city council shall have authority to direct and regulate the planting and preservation of shade and ornamental trees and shrubbery, in the streets, and in the public grounds of said city; and to appoint a city forester to superintend and regulate the planting and culture of such trees and shrubbery in said streets and public grounds, and to perform such other similar duties as may be prescribed. The city council is also authorized to enact such rules and regulations as it may deem proper to carry out the purposes of this article. It shall have general care of all shade and ornamental trees and the shrubbery growing in the streets and public grounds of said city, and may direct the removal of any that it may deem detrimental or undesirable. No shade or ornamental trees growing in the streets and public grounds of said city, shall be destroyed or removed except by leave in writing, first obtained from the city council.
210 Direction that trees be planted along public grounds and assess abutting land.
The city council may in its discretion, cause suitable shade trees to be planted along and upon any street or any portion thereof, and upon any public grounds in said city; and may cause to be assessed upon the piece or parcel of land abutting upon such street or public grounds, and benefited by such improvement, the cost of purchasing and planting such trees. The sum so assessed shall not be greater than the amount actually expended for the purchase of such trees and the expense of planting, with an additional sum of twenty percent of that amount; and any trees that may die within three years after having been so planted, shall be replaced by the city council without additional assessment. The city council shall by resolution direct the amount to be assessed against each piece or parcel of land; and such assessment shall be collected and the payment thereof enforced, with, and in like manner as state, county, and other taxes are collected, and the payment thereof enforced, and such assessments when collected by the chief administrative officer, shall be placed in the park fund.
211 Authority to regulate parking.
The city council shall have control of the parkings upon each street of said city, including the right to permit, regulate or prohibit the placing of signs within and upon said parkings. Said parkings shall be understood and held to be the space between the curb or gutter and the street line on each side of the street, except so much thereof as may be occupied by publicly owned and maintained sidewalks. The city council shall also have control of these areas in the center of streets not used for traffic. In case said parkings are not properly cared for by the owners of the property abutting thereon, the city council may, in its discretion, and shall, upon petition of the majority owners of the abutting property on such street or any block or blocks upon such street, cause such parkings to be properly cared for, the grass cut, weeds destroyed, and such work done as they deem necessary; and the cost of doing such work shall be assessed upon abutting property, as provided in the preceding Section. Provided, however, that nothing in this Section shall interfere with the necessary work of the city in its work on the streets, curbing, sidewalks or in making sewer connections in any such streets, or of the city in making or repairing water connections.
212 Authority to declare weeds, underbrush, etc., a nuisance and direct removal.
The city council shall have the power and authority to declare weeds, underbrush, or any unsightly or detrimental growth on any lot of land adjacent to any park or street in said city, a nuisance. It may notify the owner or owners of such land to remove or abate such nuisance; and if, upon reasonable due notice, such owner or owners fail to remove or abate such nuisance, then the city council shall have the right and authority by its superintendent and employees to enter upon such land and remove or abate such nuisance; and the city council shall have authority to assess the cost of so doing upon the owner or owners of said land, and such assessment may be collected and enforced as provided in the second preceding section of this Charter.
213 Issuance of bonds to provide funds for parks authorized.
For the purpose of providing necessary funds for the purchase or improvement of lands for park and recreational property, the City of Burlington is hereby authorized and empowered to issue its bonds in such manner and form as shall be determined by the city council of said city. On request of the board of park and recreation commissioners, duly made in writing, the mayor of said city shall call a meeting of the qualified voters of the city and submit to them the proposition to issue bonds of the city, the proceeds of the sale of which shall be exclusively applied, under the direction and at the discretion of the board of park and recreation commissioners, to the acquisition and improvement of land and facilities for public parks and recreational programs, but the said board shall make no contract of expenditure thereof involving liability to the City of Burlington exceeding the amount of the bonds thus issued. Such meeting shall be conducted, and the result determined, as in other city meetings.
214 Bills and expenses to be approved.
All bills and expenses for parks and recreation purposes shall be approved by the city council and the mayor’s warrant drawn upon the chief administrative officer for the payment of the same.
215 Definition of "park property".
The term "park property" includes all parks, squares, and areas of land within the management of said board; and all buildings, improvements, walks, drives, trees, plants, flowers and other things thereon, and enclosures of the same; and all shade trees, shrubs or plants on streets or thoroughfares; resting places, public grounds or the like; and all birds, animals or curiosities, or objects of interest or instruction; all tools or implements placed in or on any such enclosure.
216 [Reserved.].
217 Condemnation of land for park and/or recreational purposes authorized.
The city council, on behalf of the City of Burlington, shall have power to take by condemnation land for park and/or recreational purposes; and if the city council cannot for any cause agree with the owner or owners of any land, which it shall decide to take for public park and/or recreational purposes, as to the necessity of taking such land, the damages sustained by the owner, or the compensation to be paid therefor, the same proceeding shall be taken as required by law for establishing highways.
ARTICLE 73. DEPARTMENT OF CEMETERIES
218 Composition; appointment; terms.
The board of cemetery commissioners shall consist of five legal voters of said city, who shall be appointed by the city council with mayor presiding to serve for the term of three years and until their successors are appointed and qualified, except as herein otherwise provided.
219 Duties.
The city council shall have such authority and responsibility relating to the management of the cemetery department, its services and facilities, as provided by the general law of this state respecting cemeteries. The city council may by resolution delegate all or a portion of such authority and responsibility to the board of cemetery commissioners. The superintendent of the cemetery department shall have the practical care and immediate supervision of the cemetery department, but shall be subject to the authority of the mayor as chief executive officer and to the orders and ordinances of the city council.
220 By-laws and regulations of board to have force of ordinances.
The by-laws and regulations made by said board as provided by law shall, when approved by the city council, and published as herein provided for ordinances, have the force of ordinances of said city.
ARTICLE 74. PUBLIC WORKS DEPARTMENT; WATER AND WASTE WATER/SOLID WASTE DIVISION
221 [Reserved.].
222 Duties.
The director of public works shall have general management and control of the city water works, water pollution control plants, and solid waste disposal facilities as assigned by the mayor or by resolution of the city council, subject to any limitation and restriction contained in this Charter.
223, 224 [Reserved.].
225 Powers of board.
(a) The city council shall, in addition to the other powers granted to it under this Charter, have power to make all necessary repairs, extensions or improvements to said works, and to provide new supply pipes within the city.
(b) The city council may pledge the credit of the city and incur obligations to be paid in installments over a period of years and only from revenues of the water division of the public works department to pay the cost of such improvements and additions to the property and equipment of the water division of the public works department as, in the judgment of the city council, the interests of the city require to be made and, for the purpose of paying such costs, may pledge, assign, or otherwise hypothecate such portion of the net earnings or profits of the water division of the public works department from year to year as may be required to pay such installments, and the city council shall authorize and direct the execution and issuance of such contracts and evidences of indebtedness as may be necessary to so pledge the credit of the city for the payment of such obligations in such installments from the net earnings of the water division of the public works department, such contracts and evidences of indebtedness to be in such form and to contain such provisions and to be executed by such officers as the city council may by resolution provide, provided, however, that all such obligations and all installments thereof shall be payable only from the net earnings or profits of the water division of the public works department and shall not constitute an indebtedness of the city or impose an obligation or liability upon the city to pay the same from any funds of the city other than such net earnings or profits, and in case revenue bonds of the city are issued for such obligations, the same shall not be subject to the bonding limit provided by law.
(c) The city council shall also have all the powers and duties of sewage disposal commissioners under the provisions of Chapter 101 of 24 V.S.A.
226 Composition; appointment; term.
The board of light commissioners, which board may also be properly referred to as the board of electric commissioners, shall consist of five legal voters of said city, who shall be appointed by the city council with mayor presiding to serve for the term of three years, and until their successors are appointed and qualified, except as herein otherwise provided.
227 Superintendent/general manager; duties.
The superintendent/general manager shall have the special and immediate care and practical supervision of the said electric light plant and city property in connection therewith, but shall at all times be subject in respect thereto, to the authority of the mayor as chief executive officer and to the orders and ordinances of the city council. Subject to the foregoing, the superintendent/general manager may execute and issue on behalf of the city and the electric light department drafts, checks and/or other negotiable orders for the payment of the bills and charges of the department provided that any such payment shall be made exclusively from the revenues of such department.
228 Powers of city.
(a) The city shall have power to purchase, hire, construct or otherwise acquire, or acquire an interest in, to maintain, operate, and to sell, lease or otherwise dispose of any plant or system, located within or outside the state, for the production, distribution, purchase or sale of electricity, to extend, enlarge or improve the same and for that purpose to purchase, hire, construct or otherwise acquire any real or personal property. These powers may be exercised through a taking by eminent domain in the manner prescribed by law except that the city shall have no power to acquire timberlands or other fuel sources by eminent domain. The city shall also have the power to purchase, sell and otherwise acquire and dispose of electricity including sale to electric distribution companies, cooperative, municipal and privately owned, within or without the state and to make all agreements, conveyances and regulations necessary or convenient in connection therewith; all of the foregoing powers to be in addition to and not in substitution for or in limitation of any other power conferred by law. Such plant or system may include facilities described in No. 298 of the Acts of 1953 as amended.
(b) The city council shall exercise the powers of the city with respect to its electric plant. The city council may by resolution delegate any of its powers relating to the electric plant, improvements thereto or electric service to the board of light commissioners.
229 Authority to create; powers and duties.
The City Council may by ordinance provide for the creation and maintenance of a Harbor Commission or a single Harbor Commissioner, and for the appointment of a Superintendent of Harbors, and define and prescribe their powers and duties in regard to the supervision, control, and regulation, within the jurisdiction of the City, of harbors, public and private wharfs, docks, and piers, and the waterfront within the City on Lake Champlain, under any and all lawful regulations and ordinances that may be made and enacted, and may fix the time of the appointment of such officers and their terms of office, and such officers shall receive such compensation as may be voted them by the City Council.
(Act No. M-15, § 2, approved 3-4-14)
ARTICLE 77. PUBLIC WORKS DEPARTMENT; STREETS DIVISION
230 [Reserved].
231 Power and duties.
The city council shall have the exclusive general management and control of the work on the city streets, sidewalks, sewers and bridges and shall see that the same are properly constructed and kept in repair, and shall have the same powers in respect to repairs of streets and highways as road commissioners in towns; the city council shall, when the public good requires, cause all streets and highways to be worked and graded the entire width thereof and made in such a manner as will in the judgment of the city council best accommodate the public; and shall be subject in all respects to any limitations or restrictions contained in the ordinances, regulations and orders of the city council; but shall have no power to spend any money or incur any debt beyond the amount of the appropriations made by the city council.
232, 233 [Reserved.].
ARTICLE 78. STREETS; HOW LAID OUT
234 Power to lay out, alter, discontinue, etc.
The city council, except as herein otherwise provided, shall have the same power to lay out, alter, resurvey and discontinue streets and highways as is vested by law in selectmen of towns; and all proceedings in respect to laying out, altering, resurveying and discontinuing streets and highways in said city shall be had in the same manner as provided by the law of this state in respect to such matters in towns.
235 Council may lay out certain streets; owners’ petition.
Streets and highways in said city of less than three rods in width may be laid out, opened, accepted, established and maintained whenever the city council shall so provide by resolution or ordinance; provided the owners of a majority of the frontage on such street or highway shall file their petition therefor in writing with the chief administrative officer of said city.
236 Prior actions regarding streets ratified.
All streets or highways in said city of less than three rods in width heretofore deeded or dedicated to said city for public highways and heretofore accepted; and all such streets or highways laid out or opened by it, are hereby declared to be legal streets and highways; and all acts, votes and resolutions of said city in respect thereto are hereby declared to be legal and valid.
237 Rights of property owners.
If any person owning or interested in lands through which a street or highway in said city is laid out, altered, or resurveyed by said city council, is dissatisfied with the laying out, altering or resurveying of said street or highway, or with the compensation awarded for his damages, or in case no damages are awarded him, he may have the same proceedings in respect thereto, as if such street or highway were laid out, altered or resurveyed in any town in this state; and such proceedings shall be conducted in the same manner and shall have the same effect as provided by law in case a highway is laid out, altered or resurveyed in any town in this state; except that no person by reason of being a resident or taxpayer in said city shall be disqualified to act in such proceedings as a commissioner appointed by the county court.
238 Rights of property owners when street discontinued.
In ease the city council shall decide to discontinue any street or highway in said city, any person owning or interested in the lands abutting said street who is dissatisfied with such decision may, within sixty days thereafter, institute proceedings which shall have the same effect, be conducted in the same manner and subject to the same conditions and provisions as if such person were dissatisfied with the laying out, altering, or resurveying of any street or highway in said city.
ARTICLE 79. ASSESSMENTS IN LAYING OUT STREETS
239 Power granted.
Said city council in laying out or altering streets and highways shall have power, on giving twelve days’ notice of the time and place of hearing to the parties interested, to assess the owners of lands adjoining such street or highway so much of the expense of opening, making or altering such highway, including land damages as the city council shall adjudge such lands will be benefited thereby.
240 Estimation of probable expenses authorized.
If the street or highway shall not have been at the time of making such assessment actually opened, made or altered, as the case may be, the city council shall estimate the probable expense of such opening, making or altering, and make the aforesaid assessment upon such estimate.
241 Decisions regarding assessments to be recorded.
In making assessments as aforesaid, the city council shall set forth in its decision touching the laying out, altering or resurveying of any street or highway in said city a full description of all assessments by it made and of the lands so assessed, and shall cause such decision to be recorded in full by the chief administrative officer in the records of streets and highways in the chief administrative officer’s office; when said decision is so recorded, the amount so assessed shall be and remain a lien in the nature of a tax upon the lands assessed, until the same shall be paid, or said lien is otherwise discharged by operation of law.
242 Proceedings for objections to assessment.
In case the city council shall assess any lands through which a street or highway shall be by it laid out, altered, or resurveyed as provided in the preceding sections, any person owning or interested in such lands who is dissatisfied with the amount of assessment so made against said lands, may have the same proceedings for relief in respect to such assessment as if such person were dissatisfied with an award of damages in the case of laying out, altering or resurveying a street or highway in said city.
243 Assessment lien suspended until final determination.
The pendency of such proceedings shall not vacate the lien created upon the lands assessed as aforesaid by city council, but shall suspend the same until the final determination of such proceedings.
244 Petition for relief not to delay opening or altering of street.
When the petition in such proceedings shall only pray for relief in the matter of such assessment, the opening, making or altering of any street or highway shall not be thereby delayed.
245 Copy of final determination to be recorded; assessment to become lien.
When the proceedings instituted as aforesaid by any person dissatisfied with such assessment shall be finally determined, a duly certified copy thereof shall be duly recorded by the chief administrative officer in the records of streets and highways in said chief administrative officer’s office, within twenty days after the final determination of such proceedings. The amount assessed in such proceedings shall be and remain a lien in the nature of a tax upon the lands so assessed until such assessments are fully paid to the chief administrative officer of said city. In case no assessment shall be made in such proceedings, such records shall discharge said lands from all liens created by the assessments thereon made by the city council as aforesaid.
246 Warrant to be issued upon failure to pay assessment; collection.
If the owner of any lands assessed as hereinbefore provided shall neglect to pay to the chief administrative officer the amount of any such assessment for ninety days after the final record in the matter of making such assessment shall have been made in the records of said streets and highways in the chief administrative officer’s office, the chief administrative officer shall issue his or her warrant to the constable of said city for the collection thereof; and said constable shall have power on such warrant to distrain and sell at public auction so much of the goods and chattels of such owner, and for want thereof so much of said lands so assessed as will satisfy said assessment and all legal fees and shall be entitled to the same fees on such warrant as collectors of town taxes on tax warrants, and the chief administrative officer shall proceed in the same manner as collectors of town taxes are required by law to proceed in selling goods and chattels or real estate at auction for the collection of taxes, except that the chief administrative officer shall have no right on such warrant for want of goods and chattels of such owner to arrest the owner and commit him or her to jail.
247 Court to have jurisdiction to determine questioned assessments.
In all cases in which proceedings are instituted in the county court within and for the County of Chittenden by any person who is dissatisfied with the laying out, altering, or resurveying of any street or highway in said city, the question of assessment upon the owners of adjoining lands shall also pass to the county court, and shall be referred to and reported upon, by the commissioners thereby appointed; and said question of assessment shall be determined by said court.
248 Establishment and maintenance authorized; assessments.
The city council is authorized, to establish, construct and maintain public sewers in said city; and it may assess the owners of land or buildings adjoining or abutting said streets or any portion thereof, in which such sewers may be established, so much of the expense of constructing such sewers as it shall adjudge such land or buildings to be benefited thereby; but in no case shall the expense of construction of any such sewer be assessed against the abutting owner on either side of any such street or any portion thereof in excess of one-fourth of such expense and the city shall pay one-half of such expense; provided that all sewer assessments heretofore made shall remain in full force and effect until paid or abated.
249 Establishment and construction through private lands authorized.
The city council is also authorized and empowered to establish, construct and maintain public sewers in and through the lands of individuals and corporations, on making compensation for lands taken therefor, in the same manner as provided by law in the laying out and establishing of highways.
250 Assessment of landowners authorized.
The city council may assess the owners of lands through which such sewers may be established and constructed, in the same manner and to the same extent as hereinbefore provided in respect to public sewers established and constructed in the streets of said city.
251 Assessment proceedings and rights.
The same proceedings shall be had in respect to such assessments, and the same rights shall exist, as in case of the laying out and establishing of streets and highways; and the same lien shall attach and be enforced in the same manner as provided in this Charter in respect to assessments upon adjoining landowners in case of laying out or making streets and highways.
ARTICLE 81. NOTICE TO ADJOINING LANDOWNERS
252 Required; contents.
Whenever, under the provisions of this Charter, the city council is required to give notice of the time and place of any examination or hearing before it, touching the laying out, altering, or discontinuing of any street or public highway in said city, or the award of any damages or the making of any assessment therefor, and in all cases of assessments for sewers, curbing and sidewalks in said city, a citation shall be issued, signed by the city council and containing the names of all persons to whom notice is to be given.
253 When given.
Such citation shall be made at least twelve days prior to the time appointed for such examination or hearing, except when otherwise specially provided in this Charter.
254 Acceptance of service.
Service of such citation may be accepted by any or all persons therein named, by endorsing their acceptance in writing thereon.
255 Manner of serving.
Such citation may be served by any sheriff or constable in this state upon any person therein named residing or being in this state, in the same manner as an ordinary writ of summons.
256 Service on nonresidents.
Such citation may be served by such sheriff or constable upon a person not an inhabitant of this state by leaving a true and attested copy of said citation with his or her return thereon endorsed, with, or at the residence of, his or her known agent or attorney, if he or she has one in this state; and if not, with, or at the residence of, the occupant of the land to which such hearing may appertain. If there is no such occupant, then such copy of said citation shall be by said sheriff or constable left at the office of the chief administrative officer of said city for such persons so owning or interested in such land.
257 Chief administrative officer to mail copy of citation to last known address of nonresident.
Said chief administrative officer shall mail to the last known post office address of such person, in a registered package, a true and attested transcript of such copy so left with him or her, which shall be certified by him or her under the seal of said city. Said chief administrative officer shall certify under the seal of said city all the chief administrative officer’s doings touching said copy so left with the chief administrative officer by said sheriff or constable and shall attach to said certificate all registry receipts pertaining to such copy received by the chief administrative officer.
258 Return of citation prima facie evidence of service.
The return of such sheriff or constable upon the original citation, and the certificate of such chief administrative officer and said receipts, shall be prima facie evidence of the service of said citation as herein provided. Said citation and return thereon, with said certificate of said chief administrative officer and said receipts, shall be made a part of the record of said proceedings and shall be filed in the office of said chief administrative officer.
259 Proceedings to be postponed until all interested parties notified.
If at any stage of the proceedings before the city council, or in any proceedings subsequent thereto, it shall appear that any person owning or interested in such lands shall not have been duly notified, the city council shall cause a citation to be served upon said persons not notified as herein provided, and shall cause said proceedings to be postponed to such time as will permit such citation so issued to be served in the manner provided herein for the service of original citations in such matters. Commissioners appointed by the county court or by a justice of the peace or agreed upon between the parties shall have the same power to issue citations that the city council has, which citation shall be served in the same manner as reissued by the city council.
260 Manner of giving notice to additional interested parties.
Said city council or tribunal before which such proceedings are pending may cause such further notice to be given by citation, publication, or in any other manner prescribed by it in an order for that purpose. A copy of such order, citation, notice of publication or other notice which shall have been delivered to such landowner in person and verified by the affidavit of the person delivering the same, shall be prima facie evidence of such further notice.
261 Proceedings not to be voided for failure to give notice.
No proceedings instituted by the city council under said citation, nor any proceedings subsequent and pertaining thereto, shall be void on account of any failure to give notice to any person or persons interested therein or shall for that reason be dismissed, but such proceedings shall be suspended till such person or persons are duly notified; whereupon the same proceedings shall be had in the same manner and with the same effect as if such person had been duly notified by the original citation. If the person so notified shall appear, he or she may be heard upon all matters therein pending in which he or she is interested.
ARTICLE 82. STREET IMPROVEMENTS; HOW ORDERED
262 City council may order improvements upon petition of owners.
Whenever the owners of the greater part of the lands or buildings abutting upon any street, lane or alley, or part thereof in said city, shall present their petition in writing to the city council, praying that such street, land or alley, or part thereof as specified be graded, paved, or macadamized, curbed and guttered, and that a sidewalk or the sidewalks thereof be constructed or repaired, or paved or laid with flagging or such other material as may be ordered by the city council, or that either one or more of such improvements be made, the city council may order and direct that such improvements be made.
263 Authorization to make improvements without petition; assessment of costs.
The city council shall have power, without such petition, to make one or more of the improvements above specified, and to assess against the owner or owners of the lands or buildings abutting upon such street, lane or alley, and adjoining the part where such improvements shall be made, whether made upon petition or otherwise, so much of the cost and expense of making such improvements as it shall judge such lands or buildings to be benefited thereby; but in no case shall the cost and expense of making such improvements be assessed against the abutting owner on either side of any such street or portion thereof in excess of one-half of such cost and expense in the construction of sidewalks, or in excess of one-fourth of such cost and expense in the making of any of the other improvements specified in the preceding section and the city shall pay one-half of the cost and expense of all improvements therein mentioned; provided that all assessments for street improvements heretofore made shall remain in full force and effect until paid or abated.
ARTICLE 83. ASSESSMENTS FOR STREET IMPROVEMENTS
264 Notice of hearing.
Said assessments shall be made upon giving to the parties interested twelve days’ notice of the time and place of hearing, in the manner herein provided in respect to laying out or altering highways.
265 Statement to be made.
The city council shall make a statement of all assessments, describing the lands or buildings assessed and forthwith cause the same to be recorded in the chief administrative officer’s office, and when so recorded such assessments shall be and remain a lien in the nature of a tax upon the lands or buildings so assessed until the same shall be paid, and shall have precedence over all other liens except ordinary taxes.
266 Chief administrative officer to record assessments; notification of owners.
It shall be the duty of the chief administrative officer to collect such assessments, as soon as may be after he shall have recorded the same. The chief administrative officer shall thereupon forthwith notify in writing the owner or owners of lands or buildings so assessed, their agents or attorneys, stating therein the amount of such assessments.
267 Deadline for paying.
All such assessments shall be paid to the chief administrative officer within ninety days after the same shall have been filed for record in the chief administrative officer’s office.
268—275 [Reserved.].
ARTICLE 84. AIRPORT COMMISSIONERS; AIRPORT MANAGER
276 Composition; terms; powers; airport management.
(a)(1)(A) The Board of Airport Commissioners of the City of Burlington shall consist of five legal voters of said City to be appointed by the City Council with Mayor presiding to serve for three years and until their successors are appointed and qualified.
(B) In addition, so long as the public aviation field and municipal airport is located within the limits of the City of South Burlington, the Board of Airport Commissioners shall likewise consist of one legal voter of said City of South Burlington to be appointed by the governing body thereof to serve for three years and until a successor is appointed and qualified.
(C) In addition, the Board of Airport Commissioners shall likewise include one legal voter of the City of Winooski to be appointed by the governing body to serve for three years and until a successor is appointed and qualified.
(2) The city council shall have the exclusive general management and control of all lands owned or leased and used by the city for the purpose of a municipal airport, and of all buildings, property and equipment of the city thereon, and shall see that the same are kept in good condition and repair.
(3) The city council may by resolution delegate any of its powers relating to the airport to the board of airport commissioners.
(b) The city council shall have power to make and alter from time to time, all needful rules and regulations for the maintenance of order, safety, and decency within the boundaries of said airport and to fix penalties for disobedience thereof; which rules and regulations shall have the force of ordinances of the City of Burlington; provided, that no such rule or regulation shall be of any effect unless it shall have been published in full in one or more of the daily newspapers published in Burlington, and also printed and posted in conspicuous places within the limits of the property to which such regulation is intended to apply.
(c) The director of aviation shall have special and immediate care and practical supervision of the airport department subject to the authority of the mayor as chief executive officer and to the orders and ordinances of the city. (Act No. M-7, § 2, approved 3-3-15; Act No. M-7, § 2, approved 2-14-22)
ARTICLE 85. HEALTH DEPARTMENT; BOARD OF HEALTH
277 Composition.
The board of health shall consist of five legal voters of the city, one of whom shall be a health practitioner who is either a physician, a physician’s assistant, or a registered nurse.
(Act No. M-11, Approved March 3, 2009)
278 Adoption of by-laws authorized; meetings.
The board may adopt such by-laws as they may deem wise for the regulation of the work of the board. They shall hold regular meetings at such times as they may determine. Special meetings may be called by the chairman or the clerk.
279 Local board to be in lieu of statutory board; general powers.
The board of health created in section 277 of this chapter shall be for the city in lieu of the local board of health provided for by the general laws of this state, and the board shall have the powers conferred by those laws, subject to the orders and ordinances of the city council.
(Act No. M-11, Approved March 3, 2009)
ARTICLE 86. APPOINTIVE OFFICERS
280 Designated.
The board of health shall, between the twenty-fifth day of June and the first day of July, 1949, and annually thereafter, with the approval of the city council, appoint a milk and food inspector and an inspector of meat, whose terms of office shall begin on the first day of July and continue one year and until their successors are appointed and have qualified.
281 Board of health authorized to make rules and regulations.
The board shall make rules and regulations for the conduct of each of the above officers, and may prescribe rules and regulations for the sale of milk and cream, food and meat and for the installation and maintenance of plumbing equipment within the limits of said city, not inconsistent with law, and all such rules and regulations of said board, when the same are approved by the city council and duly published as herein prescribed for ordinances, shall have all the force and effect of ordinances of said city, with penalties for violation thereof as is hereinbefore provided.
282 Powers and duties of health officer.
The health officer shall have all the powers and perform all the duties conferred or imposed upon health officers under the general laws of this state, and such other powers and duties as may be presented by said board of health or by any ordinance or by-laws of said city.
ARTICLE 87. LICENSE TO SELL MILK OR CREAM
283 Generally.
(a) The board of health is hereby authorized to regulate and grant licenses for the selling or supplying of milk and cream within the City of Burlington, and no person shall sell or supply milk or cream within said city to be used by the inhabitants thereof unless he shall first have procured a license therefor from said board of health.
(b) Before granting such license, said board of health shall make or cause to be made proper inspection of the cows producing said milk or cream, and of the barns and premises used in connection therewith, and of the places where said milk or cream is stored or kept for sale.
(c) Each license shall state the dairies from which the licensee is authorized to sell or supply milk or cream under this section, and no licensee shall sell or supply milk or cream within the City of Burlington produced from any other dairy not specified in his license.
(d) The board of health may issue from time to time to any licensee an additional license to sell or supply milk or cream from any dairy not specified in his license upon the terms and conditions hereinbefore prescribed.
(e) No license tax shall be required of a person selling or supplying milk or cream in said city to licensed milk dealers who sell the same at retail.
(f) A person who violates any provision of this section shall be subject to the penalties hereinbefore prescribed for a violation of a city ordinance.