[Adopted 7-15-1980 as L.L. No. 4-1980]
No civil action shall be maintained against
the Village of Hammondsport or the Village Superintendent of Streets
of the Village of Hammondsport or against any improvement district
in the Village of Hammondsport for damages or injuries to persons
or property sustained by reason of any street, bridge, culvert or
any other property owned by the Village of Hammondsport or any property
owned by any improvement district therein being defective, out of
repair, unsafe, dangerous or obstructed, unless written notice of
such defective, unsafe, dangerous or obstructed condition of such
street, bridge, culvert or any other property owned by the Village
of Hammondsport or any property owned by any improvement district
was actually given to the Village Clerk of the Village of Hammondsport
or the Village Superintendent of Streets of the Village of Hammondsport,
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; and no such action shall be maintained
for damages or injuries to persons or property sustained solely in
consequence of the existence of snow or ice upon any street, bridge,
culvert or any other property owned by the Village of Hammondsport
or any property owned by any improvement district in the Village of
Hammondsport, unless written notice thereof, specifying the particular
place, was actually given to the Village Clerk of the Village of Hammondsport
or the Village Superintendent of Streets of the Village of Hammondsport,
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.
No civil action shall be maintained against
the Village of Hammondsport and/or the Village Superintendent of Streets
of the Village of Hammondsport for damages or injuries to persons
or property sustained by reason of any defect in the sidewalks of
the Village of Hammondsport or in consequence of the existence of
snow or ice upon any of its sidewalks, unless such sidewalks have
been constructed or are maintained by the Village of Hammondsport
or the Superintendent of Streets of the Village of Hammondsport pursuant
to law, nor shall any action be maintained for damages or injuries
to persons or property sustained by reason of such defect or in consequence
of such existence of snow or ice, unless written notice thereof, specifying
the particular place, was actually given to the Village Clerk of the
Village of Hammondsport or the Village Superintendent of Streets of
the Village of Hammondsport, and there was a failure or neglect to
cause such defect to be remedied, 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 Streets of the
Village of Hammondsport shall transmit, in writing, to the Village
Clerk of the Village of Hammondsport, within 10 days after receipt
thereof, all written notices received by him pursuant to this Article,
and he shall take any and all corrective action with respect thereto
as soon as possible.
The Village Clerk of the Village of Hammondsport
shall keep an index record, in a separate book, of all written notices
which she shall receive of the existence of a defective, unsafe, dangerous
or obstructed condition in or upon, or of an accumulation of ice and
snow upon, any village street, bridge, culvert or sidewalk or any
other property owned by the Village of Hammondsport or by any improvement
district, which record shall state the date of the 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.
The record of such notice shall be preserved for a period of five
years from the date it is received. The Village Clerk, upon receipt
of such written notice, shall immediately and in writing notify the
Village Superintendent of Streets of the Village of Hammondsport of
the receipt of such notice.
Nothing contained in this law shall be held
to repeal or modify or waive any existing requirement or statute of
limitations which is applicable to these causes of action but, on
the contrary, shall be held to be additional requirements to the right
to maintain such action; nor shall anything herein contained be held
to modify any existing rule or law relative to the question of contributory
negligence nor to impose upon the Village of Hammondsport, its officers
and employees and/or any of its improvement districts any greater
duty or obligations than that it shall keep its streets, sidewalks
and public places in a reasonably safe condition for public use and
travel.
