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Right to condemn.

Proviso.

Condemned property made

whether such building or structure is safe and is erected or is being erected in conformity to such laws and ordinances; and if said building inspector shall find that such building or structure, or any part thereof, is unsafe, or that it has been or is being erected in violation of such laws and ordinances, he shall report the facts to the said Commissioner of Public Works and Buildings, who shall condemn the same, or such part thereof, and shall notify the owner, occupant, contractor or workmen engaged thereon of such condemnation, and thereupon such defective building or structure shall be immediately made safe or put in conformity with such laws and ordinances, and after the service of such notice such unsafe building or structure shall be immediately vacated; and all work on such building or structure shall cease, if the said commissioner shall so direct, until the defects have been remedied and corrected; provided, that if in the opinon of such commissioner such building or structure, or any part thereof, is in such a condition that it cannot be made safe or in conformity with said laws or ordinances, and he shall so declare in such notice of condemnation, then, in such case, such building or structure, or defective part thereof, shall be immediately torn down or removed.

35. The city council may by ordinance provide that safe or razed. any building or structure, or any part thereof, which shall be condemned by the Commissioner of Public Works and Buildings, shall be made safe, and made to conform with the laws and ordinances relating thereto in effect in such city, and if the said commissioner shall declare that such building or structure, or any part thereof, cannot be made safe or in conformity with such laws and ordinances, may provide that the same, or such defective part thereof, be torn down and removed, and may further provide that the cost and expense of making the same safe and in conformity. with such laws and ordinances, or of tearing down or removal, be made a lien upon and a charge against the lands upon which such building or structure is or shall be erected, and may provide for the enforcement of the collection of such cost and expense in the manner

Expenses a lien.

herein provided for the collection of assessments for benefits.

Term.

Duties; sales

of property

for taxes, etc.

36. There shall be in every such city a corporation City attorney. counsel, who shall be head of the law department of such city, and who shall be an attorney-at-law of the New Jersey bar, in good standing, and who shall be appointed by the mayor for a term of three years, subject to confirmation by city council; he shall, by direction of city council, annually proceed to advertise and sell, according to law, all lands, tenements and real estate in such city to enforce the payment of any taxes, municipal liens or assessments which may be a lien thereon by virtue of this act or of the laws of this State; and he shall act as counsel to the mayor and city council and the several city departments under the mayor or council of such city; shall prosecute, appear for and defend Prosecute all suits brought by or on behalf of or against such city, and shall perform such other duties as may be required by law or by the ordinances of such city; he shall receive such salary as may be provided by ordinance; his assistant or assistants shall be appointed by the mayor upon his recommendation, subject to confirmation by city council.

suits.

37. There shall be in every such city a city comptrol- Comptroller. ler, who shall be appointed by the mayor of such city

for the term of three years.

38. It shall be the duty of the city comptroller to Duties of sign all warrants on the city treasurer, to superintend comptroller. all fiscal concerns of the city in such manner and to report thereon at such times as the city council shall by ordinance direct; to keep separate accounts of appropriations made by the city council to each and every department of the city government, and to require each warrant on the treasurer to state particularly against which appropriation the said warrant is drawn; the said officer, on receiving a bill or claim against the city, shall examine the same, and if it be for any purpose for which there is no appropriation, or the appropriation for which is exhausted, or to which for any cause he cannot give his approval, he shall report the fact to

Audit bills.

Control of fiscal matters.

Free to examine all

records.

the city council and the warrant in such case shall not be signed except by special authority from or direction of the city council; he shall, upon the death, resignation, removal or expiration of the term of office of any officer or person, who by law, may be authorized to receive or disburse the moneys of such city for which said comptroller is acting as aforesaid, audit and examine the accounts of such officer or person and report the condition of his business to the city council; he shall, before signing any warrant on the treasurer in payment of any claim against such city, first audit the bill containing or making up such claim with a view to ascertain whether the items and calculations are correct, and after so auditing shall deliver said bill to the officer or department having control of the appropriation against which said claim is made and against which the warrant is to be drawn; if the said officer or department after examining said bill or claim shall find the same correct and that the supplies charged to said city, or the services alleged to have been rendered have been furnished and rendered as stated, and that the sum or sums demanded therefor are proper, the said officer or department shall approve the said bill or claim and return the same to the comptroller for payment in the manner herein provided; the said comptroller shall, as often as he may deem necessary, or as the city council may require, suggest plans to the said city council for the improvement, advantage and better management of the finances of such city; he shall have control, under the direction and supervision of the city council, of the fiscal concerns of all departments and officers of the city, and may require at any time and from any and all of its departments and officers a full exhibit of their business and a statement and account in writing of any or all moneys and property of said city within the control or in the hands of said department and officers, and the said comptroller shall immediately in case of any default, delinquency or official misconduct report. the same to the city council; and in order that he may fulfill his duties and make complete audits of the accounts he shall have power, whenever he shall see fit,

to examine all books, papers and vouchers pertaining to any and all departments of the city business, and shall have free and unrestricted access to them for the purposes aforesaid; and said officer shall also be authorized. whenever, in his judgment, the interests of the city shall require, to examine under oath any person presenting a bill or claim against such city for the payment of moneys, and also to examine witnesses and to investigate by other evidence and inquiry all facts relating to such claim which, in his opinion, are necessary to establish the accuracy and good faith of such claim and to ascertain the city's liability therefor; and it shall be deemed a misdemeanor for such officer to sign any warrant or order or otherwise procure the payment of any money from the city treasury not authorized by law.

Itemized

claims

It shall be unlawful to pay out any of the funds of said city for fuel or supplies to any of the city depart- against city. ments, or for enlarging, repairing, furnishing or improving any city property, or to pay any other claim against or debt due by said city, unless the person claiming the money so due shall first present to and file with the city clerk of said city an itemized bill or claim showing the name of the person to whom the sum is due and the name of the department receiving the supplies or ordering the work done for which the claim is made or under whose jurisdiction such debt or claim shall arise; every person presenting any such bill or Affidavit. claim shall make an affidavit that the supplies, goods or services, itemized in said bill or claim have been duly and properly delivered or rendered to such city, and that no bonus, fee or reward has been given or received by any person with the knowledge of deponent in connection with the said bill or claim, and that the said bill or claim is in all respects correct and true; the city clerk, city comptroller, city treasurer or any of their assistants are hereby authorized to take such affidavit without cost.

39. There may be in every such city a city engineer, City engineer.

who shall be elected by city council and who shall hold

office for the term of three years, and whose compen

sation shall be fixed by ordinance.

Duties of engineer.

Overseer of poor.

Department

assistants.

Officials to engage in no other business.

Treasurer's office.

Duties of treasurer.

40. It shall be the duty of the city engineer to prepare, keep, renew and have the custody of a city atlas, wherein shall be shown the streets and highways, and the lots, plots and tracts of land situate within such city, and shall distinguish said lots, plots or tracts by numbers; he shall keep in his office a record of each and every deed or conveyance of lands, tenements and hereditaments, situate within such city, lodged for record after his appointment in the county clerk's or register's office of the county in which such city is located, and shall cause said record to be properly indexed; he shall perform such other duties as may from time to time be prescribed by city council; the duties, term of office and compensation of his assistants shall be fixed and determined by city council.

41. There may be elected by the city council in every such city one overseer of the poor, who shall be the head of the department of charities, and a superintendent of the water department, and the term of office of said officers shall each be one year, and they shall perform such duties and receive such compensation as city council may from time to time prescribe by ordinance.

City council may, upon the recommendation of the commissioner of any department of any such city, provide for assistants in the several departments. All such assistants shall be appointed by city council, and shall receive such compensation and serve for such terms as city council may prescribe.

42. City council may, by ordinance, prescribe that any person holding an office yielding pecuniary compensation to be paid from the treasury of such city, shall not engage in any other business or hold other office during such term of office.

43. The office of the city treasurer shall be in the city hall of such city, or such other place as city council shall designate, and the city treasurer or his deputy or deputies, clerks or assistants, shall always be present therein during such hours of the day as council may direct.

The city treasurer shall be the head of the city treasury, and shall receive all moneys belonging to the city, and shall disburse the same as directed by law, and

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