Service of a notice under this chapter must
be personal, if the person to be served can be found in the Village,
otherwise the notice may be served personally or by mail by depositing
a copy thereof in the post office of the Village, addressed to such
person at his or her last known place of residence. The provisions
of the Civil Procedure Law and Rules relating to the service of a
summons and complaint in an action in the Supreme Court, except as
to publication, apply as far as practicable, to the service of notices
under this chapter. If a person to be served cannot with due diligence
be found in the Village where personal service is required or his
or her last known place of residence cannot be ascertained, the County
Judge of Westchester County may, by order, direct the manner of such
service and such service shall be made accordingly. A service on one
of two or more joint tenants or tenants in common shall be sufficient
notice for any purpose requiring a notice under this chapter.
The local laws now in effect in the Village
of Ossining shall be and remain the local laws of said Village, except
so far as they may be inconsistent with this chapter and until they
are altered, amended or repealed by the Board of Trustees.
[Amended 8-3-1999 by L.L. No. 1-1999]
All books, papers and records relating to Village
affairs kept by any board or officer shall be open to public inspection
as provided under § 87 of the Public Officers Law by every
inhabitant of the Village.
An officer shall not be directly or indirectly
interested in a contract which he or she or a board of which he or
she is a member is authorized to make on behalf of the Village; nor
in furnishing work or materials; nor shall such officer act as such
in any manner or proceeding, involving the acquisition of any property
then owned by him, for public improvement.
An officer or person who assumes to create any
liability or appropriate money or property of the Village without
authority of law, or assents thereto, is personally liable for such
debt, or to the Village for such money or property. Each member of
the Board of Trustees present at a meeting thereof when such unlawful
action is taken is deemed to have assented thereto, unless he or she
expressly dissents and requests that his or her dissent be entered
upon the minutes of the meeting. The Village is not liable on a contract
made by an officer or a board in the name or on behalf of the Village,
unless it is authorized by law.
No action shall be maintained against the Village
for damages for a personal injury or an injury to property alleged
to have been sustained by reason of the negligence of the Village
or of any officer, agent or employee thereof, unless the same shall
be commenced within one year after the cause of action therefor shall
have accrued, nor unless a written verified statement of the nature
of the claim and of the time and place at which such injury is alleged
to have been received shall have been filed with the Village Clerk
within 30 days after the cause of action shall have accrued. An action
on such claim shall not be commenced until the expiration of 30 days
after it is presented.
Except as provided in § C10-6 of this
Charter, no action shall be maintained against the Village upon or
arising out of a contract of the Village, unless the same shall be
commenced within eighteen months after the cause of action therefor
shall have accrued, nor unless a written verified claim shall have
been filed with the Village Clerk within one year after the cause
of action shall have accrued, and no other action shall be maintained
against the Village unless the same shall be commenced within one
year after the cause of action therefor shall have accrued, nor unless
a written verified claim stating the time when and the place where
such claim arose and in detail the nature of the same, and of the
items of damage alleged or claimed to have been sustained, together
with a written notice of intention to sue the Village, shall have
been filed with the Village Clerk within six months after the cause
of action shall have accrued. The omission to present a claim or to
commence an action thereon within the respective periods of time above
stated applicable to such claim shall be a bar to any claim or action
therefor against said Village; but no action shall be brought upon
any such claim until 40 days have elapsed after the filing of the
claim in the office of the Village Clerk.
A building or tent in said Village shall not
be used, occupied or maintained as a hospital or pesthouse for the
reception and care of public or private patients without the consent
of the County Board of Health.
The Board of Trustees may take testimony in
any proceeding before it, and may administer oaths and issue subpoenas.
This act is hereby declared to be a public act.
