All claims for injury to the person or property alleged to have
been caused or sustained by reason of any defects in want of repair
or obstruction of any of the highways, streets, alleys, sidewalks
or crosswalks or public places of the City shall be presented in accordance
with the General Municipal Law. The City Manager or City Clerk shall
notify Council of any claims that might materially adversely affect
the City. Nothing contained in this section shall be held to repeal
or modify existing requirements or statutes of limitation which are
applicable to this class of actions, but on the contrary shall be
held to be an additional requirement for the right to maintain such
action; nor shall anything herein contained be held to modify any
existing rule of law relative to the questions of comparative negligence,
nor to impose upon the City any greater duty or obligation than that
it shall keep its streets and public places in a reasonably safe condition
for public use and travel.
Civil actions to recover any penalties or forfeiture incurred
under the Charter may be brought in any court having jurisdiction
thereof. Such action shall be brought in the corporate name of the
City, and in any action brought in the City Court it shall be lawful
to complain generally for the amount of such penalty or forfeiture,
stating the section of the Charter or of the local law or ordinance
under which the penalty is claimed, and to give the special matter
in evidence, and the defendant may answer by simply denying the truth
of the complaint and give the special matter in evidence. If such
action be brought in the City Court against an alleged owner of real
property, the fact that title to the real property comes in question
on the pleadings or appear on the trial shall not deprive the court
of jurisdiction but may be litigated and determined by a judge as
the right of the case may appear, but such judgment shall not be evidence
concerning the title of real property in any other action or proceeding.
The first process, in any such action brought in the City Court, shall
be by summons, which may be made returnable forthwith, and in execution
may be issued immediately on the rendition of judgment. All penalties
and forfeitures shall upon collection be paid to the Clerk-Treasurer.
When any judgment shall be rendered in the City Court in favor of
or against the City of Batavia, in any action brought for the recovery
of any penalty, or for forfeiture or any other action in which the
City of Batavia shall be a party, the City Judge shall, within 10
days thereafter, file with the City Clerk a transcript of such judgment
for which he or she shall be entitled to charge a fee, and include
the same in the costs of said judgment. Whenever a judgment in favor
of the City shall be recovered for $25 or upwards, exclusive of costs,
a transcript thereof may be filed in the office of the Clerk of Genesee
County, and thereupon the same shall become a lien upon the property
of the defendant in such judgment to the same extent and may be collected
and enforced in the same manner as other judgments in the County Court.
The Council may at each of its organizational meetings appoint
persons to serve as constables to serve for two years, and to have
and discharge the powers and duties of that office as provided by
law.