[HISTORY: Adopted by the Board of Trustees
of the Village of Holley 6-12-2007 by L.L. No. 1-2007. Amendments noted where
applicable.]
No civil action shall be maintained against
the Village of Holley, or the Village of Holley Department of Public
Works, for damages or injuries to person(s) or property(ies) sustained
in consequence of any street, highway, road, bridge, culvert, sidewalk
or crosswalk being out of repair, unsafe, dangerous or obstructed
condition, or if the existence of such snow or ice unless notice was
actually given to the Village Clerk and there was failure or neglect
within a reasonable time after giving 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.
The Village Clerk shall transmit to the Village
Superintendent of Public Works within five days after the receipt
of such written notice a copy of such written notice.
The Village Clerk shall keep an indexed record,
in a separate book, of all written notices which he or she shall receive
of the existence of such defective, unsafe, dangerous or obstructed
condition, or of such snow or ice, 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.
Nothing herein contained shall be constructed
to relieve a claimant of the obligation to send a notice of claim
as provided in § 50-e of the General Municipal Law. Further,
nothing contained in this chapter shall be held to repeal or modify
or waive any existing requirement or statute of the limitations which
is applicable to these classes of actions, but, on the contrary, shall
be held to be additional requirements of the right to maintain such
action.
