[HISTORY: Adopted by the Board of Trustees of the Village
of Brockport 8-18-2008 by L.L. No. 5-2008[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Limited-traffic streets — See Ch. 38.
Streets and sidewalks — See Ch. 45.
Vehicles and traffic — See Ch. 54.
[1]
Editor's Note: This local law superseded former Ch. 39, Notification
of Defects, adopted 5-5-1986 by L.L. No. 2-1986.
A.
Liability of Village or commission or agency thereof in certain actions.
No civil action shall be brought or maintained against the Village
of Brockport or against a commission or agency thereof for damages
or injuries to person or property sustained in consequence of any
street, highway, bridge, culvert, sidewalk, crosswalk, highway marking,
sign or device or other property owned, operated or maintained by
the Village or by a commission or agency thereof being defective,
out of repair, unsafe, dangerous or obstructed or for damages or injuries
to person or property sustained solely in consequence of the existence
or accumulation of snow or ice and materials upon any street, highway,
bridge, culvert, sidewalk, crosswalk, highway marking, sign or device
or other property owned, operated or maintained by the Village or
by a commission or agency thereof unless written notice of the existence
of such condition, relating to the particular place, had theretofore
actually been given to the Clerk of the Village of Brockport and there
was a failure or neglect within a reasonable time after the receipt
of such notice to repair or remove the defect, danger or obstruction
complained of or to cause the snow or ice and materials to be removed
or the place otherwise made reasonably safe. No civil action shall
be brought or maintained against the Village of Brockport or the Superintendent
of Public Works of the Village of Brockport, or any officers, agents
or employees of the Village of Brockport, for damages or injuries
to person or property sustained in consequence of any street, highway,
bridge, culvert, sidewalk, crosswalk, highway marking, sign or device
or other property owned, operated or maintained by the Village or
by a commission or agency thereof being defective, out of repair,
unsafe, dangerous or obstructed or for damages or injuries to person
or property sustained solely in consequence of the existence or accumulation
of snow or ice and materials upon any street, highway, bridge, culvert,
sidewalk, crosswalk, highway marking, sign or device or other property
owned, operated or maintained by the Village or by a commission or
agency thereof unless written notice of the existence of such condition,
relating to the particular place, had theretofore actually been given
to the Clerk of the Village of Brockport and there was a failure or
neglect within a reasonable time after the receipt of such notice
to repair or remove the defect, danger or obstruction complained of
or to cause the snow or ice and materials to be removed or the place
otherwise made reasonably safe.
Nothing herein contained, however, shall be held to revive any
claim or cause of action now barred by any existing requirements or
statute of limitations or to waive any existing limitation now applicable
to any claim or cause of action against the Village of Brockport.
No civil action shall be brought or maintained against the Village
of Brockport or the Superintendent of Public Works of the Village
of Brockport, or any officers, agents or employees of the Village
of Brockport, for damages or injuries to person or property sustained
in consequence of any street, highway, bridge, culvert, sidewalk,
crosswalk, highway marking, sign or device or other property owned,
operated or maintained by the Village or by a commission or agency
thereof being defective, out of repair, unsafe, dangerous or obstructed
unless written notice of such defective, unsafe, dangerous or obstructed
condition of such highway, bridge or culvert or any other property
owned or maintained by the Village Brockport was actually given to
the Village Clerk of the Village of Brockport or Superintendent of
Public Works of the Village of Brockport and that 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 brought or maintained for damages or injuries
to persons or property sustained solely in consequence of the existence
of snow or ice and materials upon any street, highway, bridge, culvert,
sidewalk, crosswalk, highway marking, sign or device or other property
owned, operated or maintained by the Village or by a commission or
agency thereof unless written notice thereof, in a form acceptable
by the Village Clerk of the Village of Brockport, specifying the particular
place and defect, was actually given to either the Village Clerk or
Superintendent of Public Works of the Village of Brockport 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 Village Clerk of the Village of Brockport shall maintain
an indexed record of all written notices which said Village Clerk
shall receive pursuant to this chapter 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, bridge, culvert or sidewalk within
the Village of Brockport. Said 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 from whom the notice is received and
date referred to the Superintendent of Public Works. The record of
each notice shall be preserved for a period of five years after the
date it is received.
The Superintendent of Public Works of the Village of Brockport
shall transmit, in writing, to the Village Clerk of the Village of
Brockport, within 10 days after receipt thereof, all written notices
and the action taken to correct the defect, danger or obstruction
complained of.
Nothing contained in this chapter shall be held to repeal or
modify or waive any existing requirement or statute of limitations
which is applicable to these classes of action, but they 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 Brockport any greater duty or obligation
than to keep its streets, sidewalks and public places in a reasonably
safe condition for public use and travel.
There shall be no substitute for written notice as set forth
in this chapter. Constructive notice is hereby expressly declared
to be insufficient notice.
