[Adopted 2-24-1994 as L.L. No. 2-1994; amended 2-22-2018 by L.L. No. 1-2018]
No civil action shall be maintained against the Village of Horseheads, its elective or appointive officials or employees for damages or injuries or death to persons or property sustained by reason of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such street, highway, bridge, culvert, sidewalk or crosswalk or of any part or portion thereof was actually served upon the Village Clerk in accordance with § 219-25 hereof and there was a failure or neglect within a reasonable time after the giving of such notice (at least 48 hours) to repair or remove the defect, danger or obstruction complained of. Under no circumstances shall the Village of Horseheads, its elective or appointive officials or employees be liable for damages caused to persons or property due to the defective conditions of Village streets and highways in the absence of such prior written notice to the Village of the existence of such condition.
No civil action shall be maintained against the Village of Horseheads, its elective or appointive officials or employees for damages or injuries to persons or property or death sustained by reason of any defective parking lot, parking field, swimming or wading pool or area or equipment, or playground or playground equipment, skating rink or park or park property or of any part or portion thereof, no matter where situated, being defective, out of repair, unsafe, dangerous or obstructed unless written notice of the defective, unsafe, dangerous or obstructed condition of such parking lot, parking field, swimming or wading pool or area or pool equipment, playground or playground equipment, skating rink, park or park property was actually served upon the Village Clerk in accordance with § 219-25 hereof and there was a failure or neglect within a reasonable time after the giving of such notice (at least 48 hours) to repair or remove the defect, danger or obstruction complained of. Under no circumstances shall the Village of Horseheads, its elective or appointive officials or employees be liable for injuries or damages to persons or property due to defective conditions of the aforesaid Village property in the absence of such prior written notice to the Village of the existence of the defective condition causing said injuries or damages.
No civil action shall be maintained against the Village of Horseheads, its elective or appointive officials or employees for injuries or damages to persons or property sustained by reason of any defect or obstruction or of any part or portion thereof whatsoever in its traffic signs, sidewalks, crosswalks, walkways, footpaths or bicycle pathways or for injuries or damages to persons or property sustained by reason of any defect or obstruction in its traffic signs, sidewalks, crosswalks, walkways, footpaths or bicycle pathways or of any part or portion thereof or in consequence of the existence of snow or ice upon any of its traffic signs, sidewalks, crosswalks, walkways, footpaths or bicycle pathways unless said traffic signs, sidewalks, crosswalks, walkways, footpaths or bicycle pathways, no matter where situated, have been constructed or are maintained by the Village of Horseheads pursuant to statute and written notice of said defect or obstruction causing the injuries or damages was actually served upon the Village Clerk in accordance with § 219-25 hereof, nor shall any action be maintained for injuries or damages to persons or property sustained by reason of any defect or obstruction or in consequence of the existence of snow or ice unless such written notice thereof was actually served upon the Village Clerk in accordance with § 219-25 hereof and there was a failure or neglect to cause the particular defect to be remedied or the obstruction of the snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice (at least 48 hours).
Service of written notice of any defect described in this article
shall be accomplished by personal service or service by registered
or certified mail actually received by the Village officer specified
herein. The written notice must be made by the witness to the condition,
defect or obstruction specified in this article. The written notice
must identify, with particularity, the specific nature and location
of each condition, defect or obstruction complained of.
A.
It is the intent of the Village Board, pursuant to the Municipal Home Rule Law of the State of New York, to supersede such portions of § 6-628 of the Village Law of the State of New York and § 50-e, Subdivision 4, of the General Municipal Law of the State of New York as stated in this section and fully set forth in §§ 219-22, 219-23 and 219-24 of this article.
B.
It is the intent of the Village Board to supersede that portion of § 6-628 of the Village Law of the State of New York with respect to the manner of service of notice of defects and obstructions as is more fully set forth in § 219-25 herein.
C.
It is further the intent of the Village Board to require, in addition to the need for prior written notice of defective, out-of-repair, unsafe, dangerous or obstructed highways, bridges, culverts, sidewalks or crosswalks or of a defect in or snow or ice upon any sidewalk or crosswalk, or of defective, unsafe, dangerous or obstructed conditions of any street, highway, bridge, culvert, sidewalk or crosswalk in § 6-628 of the Village Law or § 50-e, Subdivision 4, of the General Municipal Law as a condition precedent to the maintenance of a civil action for damages or injuries to person or property, that such prior written notice is additionally required for any defective, out-of-repair, unsafe, dangerous or obstructed property of the Village of Horseheads or any snow or ice condition upon such property as set forth more fully in §§ 219-22, 219-23 and 219-24 of this article.
The Village Clerk shall keep an indexed record, in a separate
book, of all written notices which said Clerk shall receive pursuant
to this article 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.
All such written notices shall be indexed according to the location
of the alleged defect, condition or accumulation. The record of each
notice shall be preserved for a period of five years after the date
it is received. The Village Clerk shall notify the Village Manager
of any written notices received within 10 days or by the next meeting
of the Village Board, whichever shall come sooner.
