[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster 11-7-1955 by L.L. No. 1-1955 (Ch. 21 of the 1976
Code). Amendments noted where applicable.]
[Amended 11-17-2008 by L.L. No. 8-2008]
A.Â
No civil action shall be maintained against the Village of Lancaster
for damages or injuries to person or property sustained in consequence
of any street, highway, bridge, culvert, sidewalk or crosswalk being
defective, out of repair, unsafe, dangerous or obstructed or for damages
or injuries to person or property sustained solely in consequence
of the existence of snow or ice upon any sidewalk, crosswalk, street,
highway, bridge or culvert unless written notice of the defective,
unsafe, dangerous or obstructed condition or of the existence of the
snow or ice, relating to the particular place, was actually given
to the Village Clerk and there was a failure or neglect within a reasonable
time after the receipt of such notice to repair or remove the defect,
danger or obstruction complained of, or to cause the snow or ice to
be removed, or the place otherwise made reasonably safe.
B.Â
The Village Clerk shall keep an indexed record of all written notices
which he shall receive 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 street, highway, bridge, culvert, sidewalk
or crosswalk, 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.
All such written notices shall be indexed according to the location
of the alleged defective, unsafe, dangerous or obstructed condition,
or the location of accumulated snow or ice. He shall at the Board
meeting next following receipt of such written notice by him, or within
10 days, whichever is sooner, cause said written notice to be brought
to the attention of the Board of Trustees. The record of each notice
shall be preserved for a period of five years after the date it is
received.
Nothing contained herein, however, shall be held to revive any
claim or cause of action now barred by any existing requirements or
statute of limitation or to waive any existing limitation now applicable
to any claim or cause of action against the Village of Lancaster.
