§ 31.44 PUBLIC WORKS DIRECTOR.
   (A)   Creation of office. There is hereby created the office of Public Works Director in the city.
   (B)   Appointment and term of office. Hereafter, the Public Works Director of the city shall hold office by appointment by the Mayor with the approval of the City Council, and the term of office shall be for one year and until his or her successor is appointed and qualified.
   (C)   Eligibility requirements. No person shall be eligible for the office of Public Works Director unless he or she shall, at the time of his or her appointment, be at least 21 years of age, shall be of good moral character, and have a telephone in his or her residence or home.
   (D)   Application for office. Any person desiring to be appointed Public Works Director may file with the City Clerk a written application for said office on or before April 1 in the year in which he or she seeks such appointment.
   (E)   Residency requirement. Any person who is appointed Public Works Director must continue to actually reside in said city, and if any appointee shall reside outside said city, then the office shall, by the City Council, be declared vacant, and the vacancy shall be filled by the appointment by the Mayor, with the approval of the City Council, of some qualified person to such office without any written application therefor being required, and any person appointed to fill a vacancy in office which occurs for any reason shall hold office until his or her successor is appointed and qualified.
   (F)   Compensation. The compensation of the Public Works Director shall be fixed by the City Council by resolution at the time the office is filled by appointment. The compensation of the said Public Works Director shall be paid from the particular fund of the department of the city government under whose direction he or she is at any time employed, and his or her compensation, when paid, shall be prorated from the funds of the several departments of said city government by whom he or she has been employed.
   (G)   Powers and duties. The Public Works Director shall have all the powers and duties now specified by law or ordinance and shall have such other duties and powers as the City Council shall from time to time specify.
   (H)   Removal from office. The said Public Works Director shall, at all times, be subject to the control of the City Council, and he or she may be removed from office by the City Council for a failure or refusal to comply with any lawful direction of said Council or the Public Works Committee of said Council or for a failure or refusal to discharge any of his or her duties.
   (I)   Vacancy. A vacancy in the office of Public Works Director shall exist by reason of death, resignation, removal from the said city, inability to discharge the duties of the office by reason of ill health or other cause, and by removal from office by action of the City Council; when any such vacancy shall exist, the said office shall be filled in the same manner as provided in division (D) above.
   (J)   Security bond. The Public Works Director shall, before entering upon the duties of his or her office, take and subscribe the oath required of other officers and file the same with the City Clerk and shall also execute a bond in the penal sum of $1,000 with surety to be approved by the Council, the conditions of said bond to be the same as in the case of other city officers.
   (K)   Supervision of construction and maintenance. Subject, at all times, to the orders and directions of the Public Works Committee, he or she shall have full control over all persons employed in the construction and maintenance of the streets and sidewalks of said city. He or she shall keep such time books as may be directed by said Committees and shall perform such other duties as are necessary to the fulfillment of the purposes of his or her office.
   (L)   List of materials and equipment. It shall be the duty of the Public Works Director to keep a correct list of all implements, materials, and other property of the city in his or her charge or possession, and upon the expiration of his or her term of office or his or her resignation or removal therefrom, he or she shall deliver said property to his or her successor in office, taking a receipt therefor which he or she shall immediately file with the City Clerk, who shall credit him or her with the same and charge his or her successor therewith.
   (M)   Account of expenditures. Said Public Works Director shall keep in an appropriate book, an accurate account of his or her expenditures made under his or her supervision, and the hours of time consumed therein so that the total costs and time consumed of any certain piece of street work may be ascertained upon the completion thereof.
   (N)   Enforcement of ordinances. Said Public Works Director shall cause all ordinances in relation to streets, alleys, and sidewalks to be enforced and shall file complaints and prosecute in the name of the city, all persons for violation thereof. He or she shall, under the direction of the Public Works Committee, be charged with the construction, maintenance, repair, inspection, and supervision of all sidewalks, culverts, and bridges of said city and shall, whenever the condition of any such sidewalk, culvert, or bridge is deemed by him or her to be unsafe or likely to result in damage to the city or to any person, make immediate report of such condition to the Council or to the Chairperson of the Public Works Committee, as the case may require.
   (O)   Duties imposed by city. The said Public Works Director shall be subject to duties imposed and directed by any department of the city government, provided that such duties and the imposition of them are not in conflict with the plans of the Public Works Committee.
   (P)   Manual labor. The said Public Works Director shall, when necessary, act in the capacity of a maintenance person, actually laboring upon the streets and fulfilling, by manual labor, the purposes of his or her office, as well as acting as a foreperson of a crew of workers.
(Prior Code, Chapter 4, Article 9) (Ord. 10 (Series 1950-1951), passed - -; Ord. 6 (Series 1973-1974), passed - -)