[HISTORY: Adopted by the Board of Trustees of the Village of Sands
Point 10-27-1992 by L.L. No. 6-1992. Amendments
noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 141.
A.
Pursuant to the authority set forth in Municipal Home
Rule Law § 10, Subdivision 1(ii), and the New York State Constitution,
and in keeping with the New York Court of Appeals decision in Kamhi v. Town
of Yorktown, 74 N.U.2d 423 (1989), the Board of Trustees of the Incorporated
Village of Sands Point hereby declares its intent to adopt a local law requiring
prior written notice before commencement of certain actions against the Village
of Sands Point.
B.
The Board of Trustees is mindful of Village Law § 6-628, entitled "Liability of village in certain actions," which essentially provides that no civil action may be maintained against a village for damages or injuries to person or property sustained as a result of any property of the village being defective, out of repair, unsafe, dangerous or obstructed unless, prior to the occurrence of the injuries, the village received actual written notice of the condition and failed or neglected to repair or remove the condition. The Board finds that it is in the best interests of the village and its residents to enact a similar law and to add thereto the specific items set forth in § 114-2 below. This chapter will be set forth directly in the Sands Point Village Code where residents and others are more likely to find it, rather than rely simply on the Village Law.
C.
The Board finds that requiring prior written notice of
the existence of any defective, unsafe or otherwise dangerous conditions as
a condition precedent to the village being named as a party in a civil action
will provide the village with the opportunity to correct the defective, unsafe
or otherwise dangerous condition, thereby ensuring the safety and well-being
of its residents and others who are affected by village property. Moreover,
the Board finds that such a law will serve the best interests of the village
and the residents thereof by protecting the village from excessive tort litigation
and the costs associated with defending such actions.
No civil action shall be maintained against the village for damages
or injuries to person or property sustained by reason of any defect whatsoever
or any unsafe, dangerous or obstructed condition of any street, highway, bridge,
culvert, parking field, sign, tree, sidewalk, crosswalk, footpath, bicycle
path, park, sewer or storm drain or any property, real or personal,
owned or maintained by the village, improved or unimproved, or in consequence
of the existence or accumulation of snow or ice upon any street, highway,
bridge, culvert, parking field, sign, tree, sidewalk, crosswalk, footpath,
bicycle path, park, sewer or storm drain or any property, real or personal,
owned or maintained by the village, improved or unimproved, unless written
notice of the existence of such condition had theretofore actually been given
to the Village Clerk, specifying the particular place and the defect, danger
or obstruction, and there was a failure or neglect on the part of the village
to correct the defect, danger or obstruction complained of or to cause such
snow or ice to be removed or to make the place otherwise reasonably safe within
a reasonable time after receipt of such notice.
Service of written notice to the Village Clerk of any defect or unsafe,
dangerous or obstructed condition described in this chapter shall be effective
only if accomplished by personal service or by registered or certified mail.
