[HISTORY: Adopted by the Board of Trustees of the Village of Perry 4-7-2014 by L.L. No. 4-2014. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 376.
Editor's Note: This local law repealed former Ch. 305, Notice of Defects, adopted 10-3-2005 by L.L. No. 1-2005.
Where claims for bodily injury or damage to property are asserted against the Village arising out of alleged defective conditions of property owned by or in the care, custody or control of the Village, adequate notice to the Village of any such conditions, if found to exist. Whether the Village has received actual or constructive notice of such alleged defective conditions is often a question of fact which can lead to uncertainty and possible unwarranted finding of liability against the Village. To assure that the Village received notice of an alleged defective condition and is able to respond in a prompt and reasonable manner, the Village Board considers it important that such prior notice be in writing. It is the purpose of this chapter to require that notice of defective conditions of Village property be given to the Village by prior written notice actually received by the Village in order to provide for the safety, health, protection and general welfare of the persons and property in the Village of Perry.
No civil action shall be maintained against the Village of Perry or against any improvement district in the Village for damages or injuries to person or property (including those arising from the operation of snowmobiles) sustained by reason of any highway, bridge, culvert, highway marking, sign or device, or any other property owned, operated or maintained by any improvement district therein, being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous, or obstructed condition of such highway, bridge, culvert, highway marking, sign or device, or any other property owned, operated or maintained by the Village, or any property owned, operated or maintained by an improvement district, was actually given to the Clerk/Treasurer of the Village of Perry and that there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of; and no such action shall be maintained for damages or injuries to person or property sustained solely in the consequence of the existence of snow or ice upon any highway, bridge, culvert or any other property owned by the Village or any property owned by any improvement district in the Village unless written notice thereof, specifying the particular place, was actually given to the Clerk/Treasurer of the Village and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such required notice.
No civil action shall be maintained against the Village of Perry for damages or injuries to person or property sustained by reason of any defect in the sidewalks or bicycle paths of byways of the Village or in consequence of the existence of snow or ice upon any of its sidewalks, bicycle paths or byways unless such sidewalks or bicycle paths of byways have been constructed or maintained by the Village pursuant to statute, nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defect or inconsequence of such existence of snow or ice unless written notice thereof, specifying the particular place, was actually given to the Clerk/Treasurer of the Village and there was a failure or neglect to remedy such defect, to remove such snow or ice, cause it to be removed, or to make the place otherwise reasonably safe within a reasonable time after receipt of such notice.
All written notices shall be received by the Clerk/Treasurer pursuant to this chapter, and he/she shall take any and all corrective action within "five business days" with respect thereto as soon as practicable. A "business day" shall refer to any twenty-four-hour day from Monday through Friday, excluding weekends and public holidays.
The Clerk/Treasurer of the Village shall maintain an index record, in a separate book, of all written notices which the Village Clerk/Treasurer shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice and snow upon, any Village highway, bridge, culvert, sidewalk, bicycle path or byway, or any other property owned by the Village or by an improvement district, which record shall state the date of the actual receipt of the notice, the nature and location of the condition stated to exist, and the name and address from whom the notice is received. The record of such notice shall be preserved for a period of five years from the date it is received. The Village Clerk/Treasurer, by receipt of such notice, shall immediately and in writing notify the Superintendent of Public Works of the Village of the receipt of such notice.
The use of the SeeClickFix program or any other electronic means, such as but not limited to email, Facebook, phone, or other electronic media, which includes the submission of any attachments, photographs or documentation, does not constitute a valid notice of claim nor valid prior written notice as established under both New York State law and this chapter.
This chapter shall supersede, in its application to the incorporated Village of Perry, § 6-628 of the New York State Village Law.
If any part or provision of this chapter, or the application thereof, to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this chapter, or application thereof to other persons or circumstances, and the Village Board of the Village of Perry hereby declares that it would have passed this chapter or the remainder thereof, had such invalid application or invalid provision been apparent.
All ordinances, local laws and parts thereof inconsistent with this chapter are hereby repealed, including but not limited to Chapter 305 of the Village Code.
This chapter shall take effect immediately upon filing in the office of the Secretary of State in accordance with § 27 of the Municipal Home Rule Law of the State of New York.