[HISTORY: Adopted by the Board of Trustees of the Village of Delhi 6-15-1992 by L.L. No. 4-1992 (Ch. 24B of the 1979 Code). Amendments noted where applicable.]
Streets and sidewalks — See Ch. 250..
No civil action shall be maintained against the Village or the Village Superintendent of Highways or any other officer, agent, employee or appointee of the Village of Delhi for damages or injuries to person or property sustained by reason of any property owned, operated, maintained or controlled by the Village of Delhi being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such property was actually given to the Village Clerk and there was failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of.
No action shall be maintained for damages or injuries to person or properties sustained in consequence of the existence of snow or ice upon any property owned, operated, maintained or controlled by the Village of Delhi unless written notice thereof, specifying the particular place, was actually given to the Village Clerk and there was 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.
The property referred to in §§ 197-1 and 197-2 shall include all property owned, operated, maintained, controlled or leased by the Village of Delhi, its officers, appointees, employees or agents of whatever nature, both real and personal, wherever situated, whether over or under the ground, and shall include but shall not be limited to streets, roadways, highways, walkways, footpaths, bike paths, sidewalks, bridges, culverts, sluices, traffic control signs or devices, poles, standards, gravel pits, driveways, parking lots, buildings or other structures, equipment, vehicles, landfills, wastewater treatment facilities, pump stations, fire hydrants, streams or bodies of water, parks, playgrounds, pavilions, recreation areas, skating rinks, swimming or wading pools, water lines, sewer lines or other utilities and boating facilities. The examples enumerated are illustrative and not exclusive.
The written notice required by this chapter shall contain the full name and address of the person giving such notice, the specific location of the condition complained of and the nature of the condition complained of.
The Village Clerk shall keep an indexed record, in a separate book, of all written notices of any such condition of Village property, which record shall be indexed according to the location of the alleged condition and shall show the date of receipt of each notice, the nature and location of the condition complained of and the name and address of the person from whom notice was received. The record of each notice shall be preserved for a period of five years.