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.