[HISTORY: Adopted by the Board of Trustees of the Village of Weedsport 1-30-1985 by L.L. No. 1-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 178.
The purpose of this chapter is to provide for notification of defects and obstructions to highways, sidewalks, bridges, culverts, and buildings within the Village of Weedsport before said defects and obstructions cause damage or injury to persons or property.
This chapter shall hereafter be known as the "Prior Notice Law."[1]
[1]
Editor's Note: Original Section III, Authority, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No civil action shall be maintained against the Village of Weedsport for damages or injuries to a person or property sustained by reason of any highway, bridge, sidewalk, building, or culvert being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition was received by the Clerk of the Village of Weedsport or the Village Highway Superintendent and 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.
B. 
No such 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, sidewalk, building, or culvert, unless written notice thereof, specifying the particular place, was actually received by the Clerk of the Village of Weedsport or Highway Superintendent 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 notice.
C. 
The Clerk of the Village of Weedsport shall keep an indexed record, in a separate book, of all written notices which said Clerk shall receive pursuant to such chapter of the existence of a defective, unsafe, dangerous, or obstructed condition in or upon, or of an accumulation of ice or snow upon, any Village highway, bridge, sidewalk, building, or culvert, which record shall state the date of receipt of the notice, the nature and location of the condition stated to exist, and the name and address of the person from whom the notice is received. The record of each notice shall be preserved for a period of five years after the date it is received.