[Adopted 4-1-85 as L.L. No. 1-1985]
No civil action shall be maintained against the Village of Nassau for
damages or injuries to persons or property sustained by reason of any highway,
sidewalk, bridge or culvert being defective, out of repair, unsafe, dangerous
or obstructed, unless prior written notice of such defective, unsafe, dangerous
or obstructed condition was received by the Clerk of the Village of Nassau
and there was failure or neglect, within a reasonable time after the giving
of such notice, to repair or remove the defect, danger or obstruction complained
of.
No civil action shall be maintained for damages or injuries to persons
or property sustained in consequence of the existence of snow or ice upon
any highway, sidewalk, bridge or culvert, unless prior written notice thereof,
specifying the particular place, was actually received by the Clerk of the
Village of Nassau 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 Clerk of the Village of Nassau shall keep an indexed record, in
a separate book, of all written notices, which said Clerk shall receive pursuant
to this Article, of the existence of a defective, unsafe, dangerous or obstructed
condition in or upon or of an accumulation of ice or snow upon any highway,
sidewalk, bridge or culvert, 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. The record
of each notice shall be preserved for a period of three (3) years after the
date it is received.
[Adopted during codification]
In case such snow or ice shall not be removed from such sidewalks or shall be deposited or placed upon said sidewalks or said streets by the owner or owners, tenant or tenants or occupant or occupants of any said premises, as provided in §
96-4 hereof, the same shall be removed forthwith under the direction of the Code Enforcement Officer, and the cost of such removal, as nearly as can be ascertained, shall be certified by the Code Enforcement Officer to the Board of Trustees. The Board of Trustees shall examine such certification and, if found to be correct, shall cause such cost to be charged against such real estate so abutting or bordering upon such sidewalks, and the amount so charged shall forthwith become a lien and a tax upon such real estate or land and shall be added to, recorded and collected in the same way and manner as the taxes next to be levied and assessed upon such premises and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine or fines imposed by §
96-6 of this Article shall not constitute any bar to the right of the Village of Nassau to collect the cost as certified for the removal of said snow or ice in the manner herein authorized.
No person, firm or corporation shall deposit, throw, place or strew,
nor shall any person, firm or corporation cause to be deposited, thrown, placed
or strewn, any snow or ice upon any street, avenue or roadway within the village.
In case snow and ice on any sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, it shall, within the time specified in §
96-4, be strewn and kept strewn with ashes, sand, sawdust or other suitable material so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleared of snow, ice and other materials strewn thereon, as provided in this Article.
Any person, firm or corporation who shall violate any of the provisions
of this Article shall, upon conviction, be punishable by a fine of not more
than two hundred fifty dollars ($250.) or by imprisonment for not more than
fifteen (15) days, or both.