Village of Athens, NY
Greene County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Athens as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals running at large — See Ch. 107.
Building construction — See Ch. 116.
Curfew — See Ch. 131.
Entertainment — See Ch. 137.
Vehicles and traffic — See Ch. 220.
Article I Use and Maintenance Regulations; Excavations

§ 201-1 Pedestrian use of sidewalks.

§ 201-2 Unlawful assemblage.

§ 201-3 Loitering.

§ 201-4 Vehicles and animals on sidewalks.

§ 201-5 Coasting.

§ 201-6 Obstructions.

§ 201-7 Rubbish and garbage; dumpsters.

§ 201-8 Windowsills.

§ 201-9 Transporting loads through streets.

§ 201-10 Eaves required to prevent water falling on sidewalks.

§ 201-11 Animals in streets.

§ 201-12 Advertising; distributing or posting bills.

§ 201-13 Distributing medical preparations.

§ 201-14 Booths and banners.

§ 201-15 Cellarways and trapdoors.

§ 201-16 Cutting of grass, weeds and bushes abutting streets.

§ 201-17 Snow and ice falling from buildings on streets.

§ 201-18 Removal of snow, ice and other obstructions.

§ 201-19 Building materials' storage and removal.

§ 201-20 Bridge and driveway construction.

§ 201-21 Excavations.

§ 201-22 Interfering with public works.

§ 201-23 Encroachments.

§ 201-24 Awnings.

§ 201-25 Projecting signs or obstructions.

§ 201-26 Poles and posts.

§ 201-27 Trimming of overhanging trees and branches.

§ 201-28 Cutting down of trees abutting streets.

§ 201-29 Hitching animals to trees.

§ 201-30 Gates opening over sidewalks.

§ 201-31 Piling of snow in streets.

§ 201-32 Snow accumulation on buildings.

§ 201-33 Playing games in streets.

§ 201-34 Certain discharges onto public ways.

§ 201-35 Construction of curbs and sidewalks.

§ 201-36 Maintenance of sidewalks.

§ 201-37 Penalties for offenses.

Article II Notification of Defects

§ 201-38 Title.

§ 201-39 Findings; purpose.

§ 201-40 Prior written notice required.

§ 201-41 Contents of notice.

§ 201-42 Service of notice.

§ 201-43 Record of notices.

§ 201-44 Statutory authority.

[Adopted 1-7-1942 (Ch. 72, Art. I, of the 1976 Code)]

§ 201-1 Pedestrian use of sidewalks.

Pedestrians have the exclusive use of all public sidewalks and footpaths, but each pedestrian shall keep to the right side of each public sidewalk or footpath when in motion and, in stopping, shall do so on the side thereof near the street or curbline and not in the middle of the walk.

§ 201-2 Unlawful assemblage.

It shall be unlawful for persons unnecessarily to assemble in any public street, avenue, sidewalk, alley, lane or in any public place in the Village of Athens in such numbers as to obstruct travel, or, having so assembled, to refuse to move on when requested to do so by any police officer. It shall be the duty of each and every police officer to disperse any such assemblages of persons.

§ 201-3 Loitering.

No person shall loaf, lounge or idle on any public bridge, street, avenue or sidewalk or in front of or in or near the entrance of any church, moving-picture theater, place of public amusement or assemblage or any other building in the Village of Athens, and every such person shall move immediately from any such place when requested so to do by any police officer or by any officer or member of such church or by the owner, occupant, tenant, manager or person in charge of any such moving-picture theater, place of amusement, instruction or assemblage or any such building, or by any duly authorized employee of such person.

§ 201-4 Vehicles and animals on sidewalks. [1]

No person shall operate, drive, propel or place any wagon, truck, sleigh or similar vehicle, or lead, drive, ride or leave any horse or other animal, upon or along any public sidewalk or footpath in the Village of Athens or so near to such public sidewalk or footpath as to interfere with or obstruct travel thereon; provided, however, that this section shall not apply to any person necessarily driving a vehicle or animal across such public sidewalk or footpath to or from any adjoining premises, nor to any person drawing or pushing a small carriage, cart or sleigh commonly used for the carrying of children, nor to any person riding in, operating or pushing a wheelchair or electrically driven mobility devices commonly used by persons who with disabilities and being operated or driven by such person.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 201-5 Coasting.

[Amended 5-13-2015 by L.L. No. 3-2015]
No person shall coast with any skateboard, in-line skates, roller skates, handsled, bob, scooter, cart or other vehicle on runners or wheels on any public sidewalk or footpath in the Village of Athens in such a way that pedestrian or vehicle traffic would be obstructed, nor shall any person coast with any skateboard, in-line skates, roller skates, handsled, bob, scooter, cart or other vehicle on runners or wheels on any public street or avenue in the Village of Athens, except upon such public street or avenue or part thereof as may be designated for the purpose by the Board of Trustees.

§ 201-6 Obstructions.

No person shall saw, cut or split any wood or lumber or deposit any coal, wood, lumber, furniture, groceries, boxes, barrels, merchandise or any other substance whatsoever on any public street, avenue, sidewalk or crosswalk in the Village of Athens, except when necessary and for immediate removal; nor shall any person leave or permit to be left any coal, wood, lumber, furniture, groceries, merchandise, boxes, barrels or any other substance whatsoever on any public street, avenue, sidewalk or crosswalk in the Village of Athens more than one hour.

§ 201-7 Rubbish and garbage; dumpsters.

[Amended 5-13-2015 by L.L. No. 3-2015]
A. 
Garbage cans.
(1) 
Garbage cans must be stored out of sight. None are to be kept on sidewalks in front of buildings between garbage pickup dates.
(2) 
Garbage must be kept in cans that have tightly sealed lids to prevent health hazards.
(3) 
Garbage cans or bags awaiting trash removal shall not be left on any sidewalk or street in the Village for more than 24 hours. Any bags containing food remains must be placed inside garbage cans with lids.
B. 
Dumpsters.
(1) 
All dumpsters used to handle household and restaurant refuse must have a cover that must be kept closed except when the unit is in the process of being filled or emptied.
(2) 
Dumpsters of this type must be emptied and disinfected regularly. The Village Code Enforcement Officer shall have the power to direct disinfecting, cleaning or emptying of any dumpster he deems to be a hazard to public health.
(3) 
Dumpsters that can be observed from a public-right-of-way should be kept in an enclosure. The enclosure should be of sufficient height to shield the dumpster from view.

§ 201-8 Windowsills.

No person shall place any box, flowerpot or other article upon any windowsill or projection of any building fronting on any public street or avenue or sidewalk and within 10 feet of the line thereof in the Village of Athens unless such article shall be suitably secured so as to prevent it from falling.

§ 201-9 Transporting loads through streets.

No person while transporting through any public street or avenue any manure, gravel, dirt, stones, garbage, ashes, refuse or other substance shall permit the same or any portion thereof to escape from the load or bulk transported and to fall and remain upon the surface of any public street or avenue in the Village of Athens.

§ 201-10 Eaves required to prevent water falling on sidewalks.

[Amended 8-3-1976 by L.L. No. 11-1976]
No person owning or controlling any building shall construct or permit to be constructed any roof or eaves or part thereof so that the same will project over any public sidewalk or street unless there shall be attached to such building eaves, trough or gutter or other device so placed as to prevent the water from falling therefrom upon such sidewalk or street.

§ 201-11 Animals in streets. [1]

No person shall drive or lead or permit to be driven or led any horse or horses or other animal or animals over, through or along any public street or avenue in the Village of Athens without having the same securely fastened and harnessed by ropes or otherwise, except that horses or cattle may be driven over such routes, at such times and under such conditions as may be prescribed in and by a written permit to be issued by the Mayor of the Village upon application therefor.
[1]
Editor's Note: See also Ch. 107, Animals.

§ 201-12 Advertising; distributing or posting bills.

[Amended 5-13-2015 by L.L. No. 3-2015]
No person, firm or corporation shall distribute or permit to be distributed any handbills or printed circulars on any public street, avenue or sidewalk in the Village of Athens; provided, however, that the same may be left within any building. No person, firm or corporation shall post or cause to be posted any bill, card or advertisement other than a legal notice upon a telephone, telegraph or electric light pole or upon any building or fence except by permission of the owner of such building or fence in the Village of Athens; nor shall any person, firm or corporation paint, print or write, or cause to be painted, printed or written, on any public sidewalk, bridge or building in the Village of Athens any word, figure, picture or advertising device of any character whatsoever.

§ 201-13 Distributing medical preparations. [1]

No person, firm or corporation shall distribute or cause to be distributed for advertising purposes in the Village of Athens any free package, box, bottle or paper containing any pills, powder, potion, salve, ointment or other medical preparation unless the same is delivered into the hands of an adult person.
[1]
Editor's Note: See also Ch. 188, Peddling and Soliciting.

§ 201-14 Booths and banners.

No person, firm or corporation shall, without first having obtained the permission of the Board of Trustees therefor, evidenced by a resolution adopted at a meeting thereof and entered in its minutes, erect any booth or stand for the purpose of selling or exposing for sale or advertising any goods, wares or merchandise, or erect any platform or grandstand or hang or cause to be hung any banner or advertising device of any kind, upon, across or over any public street, avenue, sidewalk or in any public place in the Village of Athens.

§ 201-15 Cellarways and trapdoors.

No person, firm or corporation shall construct or use or permit to be constructed or used any cellarway leading from any public street, avenue or sidewalk in the Village of Athens unless the same shall have trapdoors so constructed as to be on a level with the sidewalk or with the platform, if any, in front of the building where such cellarway is located so that it will be entirely safe for persons to pass over the same; nor shall any person, firm or corporation keep open or permit to be kept open any trapdoor or grate in any sidewalk in the Village of Athens, except while the same is necessarily and actually in use for the receipt or delivery of goods or fuel or other property and while the same is properly guarded to prevent persons from walking or falling into the same.

§ 201-16 Cutting of grass, weeds and bushes abutting streets.

[Amended 8-3-1976 by L.L. No. 11-1976; 5-13-2015 by L.L. No. 3-2015]
The owner or occupant of any lot or parcel of land fronting on any public street or avenue in the Village of Athens shall be and hereby is required to cut the grass, weeds and bushes along such street or avenue abutting such lot or parcel of land so that the property is maintained free from weeds or plant growth in excess of 10 inches. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided; however, this term shall not include cultivated flowers and gardens. Whenever the owner or occupant fails to cut the grass, weeds and bushes, the Village shall perform such work and add the cost thereof to the property tax tolls."

§ 201-17 Snow and ice falling from buildings on streets.

The owners of buildings adjacent to public streets and sidewalks shall prevent the accumulation of snow, ice or water thereon and shall prevent the falling of snow, ice or water from such buildings upon such streets or sidewalks.

§ 201-18 Removal of snow, ice and other obstructions.

[Amended 8-3-1976 by L.L. No. 11-1976; 5-13-2015 by L.L. No. 3-2015]
All snow, ice, dirt and other obstructions upon any public sidewalk in the Village of Athens shall be removed by the owner or occupant of the adjoining land immediately after such snow, ice, dirt or other obstruction is deposited thereon. Whenever the owner or occupant of the adjoining premises fails to remove the snow, ice or dirt or other obstruction from the sidewalk in front of such premises so owned or occupied by him within five hours from the time when such snow, ice or other obstruction shall have been deposited thereon or within one hour after notice from the Superintendent of Public Works of the Village to remove the same, the Village shall perform the work of removal and add the cost thereof to the property tax rolls.

§ 201-19 Building materials' storage and removal.

A. 
No person, firm or corporation shall deposit or place any lumber, wood, iron, sand, lime, brick, stone, concrete blocks or other building materials on any public street, avenue or sidewalk in the Village of Athens without first having obtained permission from the Board of Trustees of the Village so to do, which permission shall be evidenced by a resolution duly adopted at a meeting of the Board of Trustees and entered in its minutes. Whenever the Board of Trustees may consider it advisable to grant to any person, firm or corporation the permission to deposit any building materials on any part of any public street or sidewalk, such permission may be given by the Board of Trustees for such time and upon such conditions as in its judgment shall be deemed advisable. Said building materials shall not occupy more than 1/3 of the width of the street nearest the building under construction, and under no circumstances shall such materials be so placed as to prevent or hinder free access to any fire hydrant; nor shall any person, firm or corporation permit any sand, gravel, cement, stone, brick, lumber, iron, wood or other materials to be and remain in or upon any public street, avenue or sidewalk at night unless he or it shall keep or cause to be kept a lamp or lamps with red globes continually lighted during each night upon or near such materials so as to distinctly cast light upon the same and to warn travelers of their presence on such street or sidewalk.
B. 
Construction and demolition (dumpster/container). Any person desiring to utilize a dumpster or container for the purpose of a construction site or demolition site job shall make application to the Code Enforcement Officer. The Code Enforcement Officer may set reasonable conditions on said placement of a dumpster. The dumpster must have sufficient reflectors upon it to provide for public safety if the unit is to be placed upon a street or sidewalk in the Village.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 201-20 Bridge and driveway construction.

No person, firm or corporation shall construct, build or maintain any bridge, sluice or driveway over or across any street, gutter or surface watercourse of the Village of Athens without permission of the Board of Trustees of said Village.

§ 201-21 Excavations.

A. 
No person, firm or corporation shall remove from or deposit on any public street, avenue, lane, alley or sidewalk any dirt, gravel, stone or other material without first having obtained permission from the Board of Trustees, which permission shall be evidenced by a resolution duly adopted by the Board of Trustees at a meeting thereof and entered in its minutes.
B. 
No person, firm or corporation shall intentionally injure any pavement, sidewalk, sewer, catch basin, crosswalk, drain, gutter or public ground; nor shall any person, firm or corporation, without permission of the Board of Trustees, dig or make or cause to be dug or made any hole or excavation in or under any public street, avenue, alley, sidewalk or ground, which permission shall be evidenced by a resolution duly adopted by the Board of Trustees at a meeting thereof and entered in its minutes. Application for permission to dig or make any such hole or excavation in or under any public street, avenue, sidewalk, alley, lane or public ground shall be in writing and subscribed by the applicant and shall specify the purpose of the proposed excavation, the location thereof, the name of the person for whom the work is to be done and the name of the contractor if there is one. The Board of Trustees may exact security for the restoration of such public street, avenue, sidewalk, alley, lane or ground, either by a bond or guaranty of some responsible party or by depositing with the Village Treasurer a sum of money deemed by the Board of Trustees to be sufficient security for such restoration, the same to be returned when such restoration is completed to the satisfaction of the Board of Trustees, but the giving of such security or money shall not be held to relieve any party from liability under any local law of the Village of Athens.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
In case any excavation shall have been made in or under any public street, avenue, sidewalk, alley, lane or public place and such street, avenue or place has not been restored and left in condition deemed by the Board of Trustees to be as good, substantial and permanent as before the excavation, the person, firm or corporation making such excavation shall restore such public street, avenue, sidewalk or place to a condition deemed by the Board of Trustees to be as good and substantial and permanent as before the excavation within five days after written notice shall be served upon such person, firm or corporation requiring him or it to do so.
D. 
No person, firm or corporation making or having charge of any excavation in or under any public street, avenue, sidewalk, alley, lane or public place shall permit such excavation to remain open or uncovered, either day or night, without having and causing the same to be fenced in and guarded during the day by red flags and at night by lights with red globes so placed and kept as to properly warn all persons of such excavation.

§ 201-22 Interfering with public works.

A. 
No person, firm or corporation shall unlawfully hinder, obstruct or delay any person employed by the Village of Athens or any contractor or subcontractor engaged in the construction or repairing of any public work in said Village.
B. 
No person shall unlawfully tear down, carry away, remove or in any manner interfere with any barricade or light placed upon, around or in any excavation, street improvement or obstruction in or under any public street, avenue or sidewalk in the Village of Athens, so placed by an employee of said Village or any owner thereof or any contractor to protect the public or to prevent injury to such public works.

§ 201-23 Encroachments.

No person, firm or corporation shall erect or cause to be erected any building, piazza, steps, fence or other structure or part thereof so as to encroach upon any public street, avenue or sidewalk in the Village of Athens.

§ 201-24 Awnings. [1]

No person, firm or corporation shall hang, place, erect or maintain any awning over any public street, avenue or sidewalk or any part thereof or in any public place in the Village of Athens unless the same shall be made of cloth and so hung or placed as to be at least 7 1/2 feet in the clear above the surface of such street, avenue, sidewalk or place.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 201-25 Projecting signs or obstructions.

No person, firm or corporation shall erect or place or permit to be erected or placed any sign, obstruction or device of any kind or character, or attached to any building, post, pole, standard or anything of any kind whatsoever, which shall project onto or over any place or public street, avenue, lane, sidewalk or place in the Village of Athens, without first having obtained a written permit from the Board of Trustees of said Village.

§ 201-26 Poles and posts.

No person, firm or corporation shall erect any telegraph, telephone, electric light or other pole, or string any wire in, over or upon any public street, sidewalk or public ground, or erect any post on any public street, avenue or in any place in the Village of Athens, without first having obtained the permission of the Board of Trustees.

§ 201-27 Trimming of overhanging trees and branches.

[Amended 8-3-1976 by L.L. No. 11-1976[1]]
All ornamental and shade trees standing within or whose branches or any part thereof extend over any public place or street, avenue or sidewalk in the Village of Athens shall be so trimmed that the lowest branches shall not be less than 10 feet from the ground, and it shall be the duty of the owner or occupant of the premises upon which such trees shall stand to so trim the same. No person shall refuse or neglect to trim any such trees as herein provided after being requested so to do by the Superintendent of Public Works or any officer of the Village of Athens.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 201-28 Cutting down of trees abutting streets.

No person, firm or corporation shall cut down or trim any tree standing in or upon any street, avenue, lane, alley, roadway or public ground in the Village of Athens without first obtaining the permission and consent of the Board of Trustees of said Village.

§ 201-29 Hitching animals to trees.

No person shall hitch or fasten any horse or mule to any shade or ornamental tree, or cut or girdle, bruise or otherwise willfully injure any shade or ornamental tree, in or upon any street, highway or public ground or along or adjacent to any sidewalk.

§ 201-30 Gates opening over sidewalks.

[Amended 8-3-1976 by L.L. No. 11-1976[1]]
No person, firm or corporation shall make or hang any gate so that the same will open and swing over any public sidewalk or street in the Village of Athens. No person shall neglect or refuse to remove any such gate after being requested so to do by the Superintendent of Public Works or any officer of said Village.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 201-31 Piling of snow in streets. [1]

A. 
No person, firm or corporation shall pile, gather up, plow up or in any way force any snow on or from any part of any public street, avenue, lane, alley, walk or public place in the Village of Athens so as to gather up or pile the same upon any other part of any such public street, avenue, alley, lane or sidewalk or upon any intersecting street or sidewalk in said Village. Any person, firm or corporation piling, gathering or plowing up snow in any public street, avenue or sidewalk or any public place in the Village of Athens shall forthwith remove the same at his or its expense upon request of the Superintendent of Public Works of the Village.
B. 
Whenever any snow is desired to be removed from any public street or avenue in the Village of Athens, it shall be carried away by the person, firm or corporation piling, gathering or plowing up the same, in wagons, sleighs or cars, under the direction of and when requested by the Superintendent of Public Works of the Village to such place or places as may be designated by the Board of Trustees of said Village.
C. 
In case any person, firm or corporation shall neglect or refuse to remove any snow piled, gathered up or plowed up by him or it on any public street or avenue or sidewalk in said Village within five hours after being requested so to do by the Superintendent of Public Works of the Village, the Superintendent of Public Works may cause the same to be removed at the expense of such person, firm or corporation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 201-32 Snow accumulation on buildings.

No person, firm or corporation shall permit snow or ice to accumulate upon any building adjacent to or so that said snow or ice projects over any street, avenue, lane or sidewalk or the Village of Athens, nor permit snow, ice or water to fall from such building upon any street, avenue, lane or sidewalk of said Village.

§ 201-33 Playing games in streets.

No person shall fly a kite or play football, baseball or any other game on any public street, avenue or sidewalk in the Village of Athens, except on such streets or avenues or parts thereof as may be designated by the Board of Trustees as playground streets.

§ 201-34 Certain discharges onto public ways.

[Amended 8-3-1976 by L.L. No. 11-1976]
No person, persons or corporation owning or occupying any house or other building shall cause, permit or suffer the water from any sink or cesspool, nor the filth from any privy or water closet connected with such house or building, to be discharged, thrown or run into any of the streets, highways or alleys of said Village or on the surface or the open gutters thereof; nor shall such water or filth be conducted into or across any of said streets or alleys or beneath the surface thereof except in such places and in such manner as shall be designated or permitted by the Board of Trustees.

§ 201-35 Construction of curbs and sidewalks.

[Added 6-10-1993 by L.L. No. 2-1993]
A. 
All new curbs and all repairs or alterations to existing curbs shall be constructed of concrete or granite and shall be designed, constructed and installed in accordance with proper and workmanlike standards and shall be located consistent with adjoining curbs and with the Village street.
B. 
All new sidewalks, and all repairs or alterations to existing sidewalks, shall be constructed of concrete, or slate or blue stone flags, and shall be designed, constructed and installed in accordance with proper and workmanlike standards and shall be located consistent with adjoining sidewalks and with the Village street.
C. 
This section applies to curbs and sidewalks adjoining Village streets and shall not apply to sidewalks which are located on the interior of a lot.

§ 201-36 Maintenance of sidewalks.

[Added 8-23-1995 by L.L. No. 4-1995]
A. 
It shall be the responsibility of the owner of the land adjoining any public street, alley, way, park or other public lands to maintain the sidewalks on the owner's said land adjoining and running parallel to said street, alley, way, park or other public land in a safe condition, free from any defects, obstructions, uneven or slippery surfaces, holes, debris, projections, excavations or like dangerous conditions.
B. 
The owner of the land adjoining any public street, alley, way, park or other public lands shall be liable for any injury to person or property, including death, caused by or arising out of dangerous condition in, on or relating to a sidewalk on the owner's said land adjoining and running parallel to any public street, alley, way, park or other public lands, as set forth in Subsection A above.
C. 
The Village of Athens, its officers, employees and agents shall not be liable for any injury to persons or property, including death, caused by or arising out of a dangerous condition in, on or relating to a sidewalk adjoining and running parallel to any public street, alley, way, park or other public lands, as set forth in Subsection A above.

§ 201-37 Penalties for offenses.

[Added 8-3-1976 by L.L. No. 2-1976]
Any person committing an offense against any provision of this article shall, upon conviction thereof, be punishable as provided in Article I, General Penalty, of Chapter 1, General Provisions, of the Code of the Village of Athens.
[Adopted 8-23-1995 by L.L. No. 3-1995 (Ch. 72, Art. II, of the 1976 Code)]

§ 201-38 Title.

This article shall be known as the "Prior Written Notice of Defective Conditions Local Law of the Village of Athens."

§ 201-39 Findings; purpose.

Where claims for bodily injury or damage to property are asserted against the Village arising out of alleged defective conditions of property owned by or in the care, custody or control of the Village, adequate notice to the Village of any such conditions is of substantial importance to allow the Village the opportunity to investigate and correct such conditions, if found to exist. Whether the Village has received actual or constructive notice of such alleged defective conditions is often a question of fact which can lead to uncertainty and possible unwarranted finding of liability against the Village. To assure that the Village receives notice of an alleged defective condition and is able to respond in a prompt and reasonable manner, the Village Board of Trustees finds it to be important that such prior notice be in writing. It is the purpose of this article to require that notice of defective conditions of Village property be given to the Village by prior written notice actually received by the Village, in order to provide the safety, health, protection and general welfare of persons and property in the Village of Athens.

§ 201-40 Prior written notice required.

No civil action shall be maintained against the Village of Athens, its officers or employees for personal injury, including death, or damage to property related to, caused by, resulting from or arising out of any property owned by the Village or property in the care, custody or control of the Village being defective, out of repair, unsafe, dangerous or obstructed unless, prior to the occurrence of the injury or damage, the Village shall have been given written notice of the alleged condition complained of and shall have failed or neglected within a reasonable time to repair, correct or remove the condition. Actual or constructive notice of such condition, on the part of an officer, employee or agent of the Village of Athens, in the absence of the written notice prepared and served as provided herein, shall not suffice.

§ 201-41 Contents of notice.

The notice required by this article shall contain the following:
A. 
The full name and address of the person giving notice.
B. 
The particular property of the Village and its location which is claimed to be defective, out of repair, unsafe, dangerous or obstructed.
C. 
The time such condition was first observed or made known to the person giving notice.
D. 
A statement of the particulars in which the property is defective, out of repair, unsafe, dangerous or obstructed.

§ 201-42 Service of notice.

A. 
The written notice provided for by this article shall be served by personal service within the Village of Athens upon the Village Clerk and, in case of street or sidewalk property, upon the Village Superintendent of Public Works. Service shall be made at their respective Village offices.
B. 
Service may also be made by mailing such notice by certified mail, return receipt requested, to the officials specified in this section at their respective Village office addresses.
C. 
The claimant shall have the burden of proving service of notice in compliance with this section in any civil action maintained against the Village or any officer or employee thereof.

§ 201-43 Record of notices.

A. 
The Village Superintendent of Public Works shall promptly transmit to the Village Clerk all written notices received by him pursuant to this article.
B. 
The Village Clerk shall keep a record in a separate book of all written notices received pursuant to this article.
C. 
The Village Clerk shall cause any written notice received by him to be brought to the attention of the Board of Trustees at the Board meeting next following receipt of such written notice or within 10 days, whichever is sooner.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 201-44 Statutory authority.

This article is adopted pursuant to the Municipal Home Rule Law, and shall supersede Village Law § 6-628 and Civil Practice Law and Rules § 9804, to the extent that said statutory provisions or any judicial interpretation thereof are inconsistent with this article.