[HISTORY: Adopted by the Board of Trustees of the Village
of Cuba Village 7-12-1999 by L.L. No. 3-1999. Amendments noted where
applicable.]
No civil action shall be maintained against the Village of Cuba
Village or the Village Superintendent of Public Works for damages
or injuries to person or property sustained by reason of any street,
sidewalk, bridge, culvert, street marking, sign or device, or any
other property owned, operated or maintained by the Village, being
defective, out of repair, unsafe, dangerous or obstructed unless written
notice of such defective, unsafe, dangerous or obstructed condition
of such street, sidewalk, bridge, culvert, street marking, sign or
device, or any other property owned, operated or maintained by the
Village, was actually given to the Village Clerk or Village Superintendent
of Public Works 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; but 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 street, sidewalk,
bridge or culvert, unless written notice thereof, specifying the particular
place, was actually given to the Village Clerk or Village Superintendent
of Public Works 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.
The Village Superintendent of Public Works shall transmit in
writing to the Village Clerk within 10 days after the receipt thereof
all written notices received by him or her pursuant to this chapter
and Village Law § 6-628. The Village Clerk shall cause all
written notices received by her or him pursuant to this chapter and
Village Law § 6-628, to be presented to the Village Board
within five days of the receipt thereof or at the next succeeding
Village Board meeting, whichever shall be sooner.
This chapter shall supersede in its application to the Village
of Cuba Village Village Law § 6-628.
