[HISTORY: Adopted by the Board of Trustees of the Village of Head-of-the-Harbor 9-10-2003
by L.L. No. 2-2003. Amendments noted where applicable.]
This chapter shall be known as the "Incorporated Village of Head-of-the-Harbor
Notification of Defects Law."
No civil action shall be maintained against the Incorporated Village
of Head-of-the-Harbor for damages and/or injuries to persons or property sustained
by reason of the defective, unsafe, dangerous and/or obstructed condition
of any street, highway, bridge, culvert, sidewalk or crosswalk and/or the
existence of snow or ice thereon unless written notice specifying the particular
location of such defective, unsafe, dangerous and/or obstructed condition
is filed with the Village Clerk, four calendar days for snow or ice conditions
and 15 calendar days for all other conditions referred to above, prior to
the event giving rise to the alleged claim.
In the absence of written notice, as required above, no civil claim shall be maintained against the Incorporated Village of Head-of-the-Harbor, nor shall any civil claim be maintained based on an allegation that such defective, unsafe, dangerous and/or obstructed condition existed for so long a period of time that the same should have been discovered and remedied in the exercise of reasonable care and diligence nor a claim that any Village official and/or employee possessed actual notice of such defective, unsafe, dangerous and/or obstructed condition, unless written notice is filed with the Village Clerk as required by § 118-2 above.
If any part or provision of this chapter or the application thereof
to any person or circumstance be adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part
or provision or application directly involved in the controversy in which
such judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this chapter or the application thereof to other
persons or circumstances, and the Board of Trustees of the Incorporated Village
of Head-of-the-Harbor hereby declares that it would have passed this chapter
or the remainder thereof had such invalid application or invalid provision
been apparent.
This chapter shall take effect immediately upon filing in the office
of the Secretary of State of New York.
