[HISTORY: Adopted by the Board of Trustees of the Village of Kiryas Joel 1-14-2003 by L.L. No. 2-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Bonds — See Ch. 50.
Littering — See Ch. 85.
Property maintenance — See Ch. 104.
Streets — See Ch. 124.
Zoning — See Ch. 155.
As used in this chapter, the following terms shall have the meanings indicated:
OCCUPANT
A. 
A person who is in physical possession of a property; or
B. 
A person who has responsibility for, and control over, the condition of a property, the activities conducted on that property, and the persons allowed to enter that property.
OWNER
A. 
In the case of land, any person who is recorded on the tax records as the owner of land; or
B. 
In the case of property other than land, any person who is in lawful possession thereof.
PERSON
Includes any individual, corporation, society, association, partnership or firm, and the successor or the heir, executor, administrators, or other legal representatives of a person.
SIDEWALK
That part of a highway especially adapted to the use of or ordinarily used by pedestrians and includes that pan of the highway between the curbline (or the edge of the roadway where there is no curbline) and the adjacent property line, whether or not paved or improved.
Every occupant, owner or person of every house, shop, building, lot, parcel of land, or other property that adjoins or is abutting to or on a sidewalk in the Village of Kiryas Joel shall be charged with the responsibility to keep such sidewalk in a good state of repair and free from defects and debris. Failure to maintain may result in the Village of Kiryas Joel undertaking such repair or remedy and charging back to the property owner. On any claim presented for bodily injury or property damage on the sidewalk, the adjoining or abutting property owner shall be held liable in ton for such damages to another. Alternatively, should the Village of Kiryas Joel be called upon to make such payment to a third party, the Village will look to the adjoining/abutting landowners for contribution and indemnity.
No civil action shall be maintained against the Village of Kiryas Joel or the Superintendent of Public Works for damages or injury to person or property sustained by reason of any highway, bridge, culvert, sidewalk, building or other Village property being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge or culvert was actually given to the Village Clerk or Village Superintendent of Public Works and there was a failure or neglect within a reasonable time after giving such notice to repair or remove the defect, danger or obstruction complained of; no civil action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, culvert or sidewalk unless written notice thereof, specifying the particular place, was actually given to the Village Clerk or Village Superintendent of Public Works and there was a failure or neglect to cause snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
The Superintendent of Public Works shall transmit and arrange with the Village Clerk within five days after receipt of all written notices received by him pursuant to this chapter. The Village Clerk shall cause all written notices received by him pursuant to this chapter to be represented to the Board within five days of the receipt thereof or at the next succeeding Board meeting, whichever shall be sooner.