[Amended 9-15-1971 by L.L. No. 4-1971; 3-12-2025 by L.L. No. 1-2025]
No civil action shall be maintained against the City of Rye for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, park or other public place being defective, out of repair, unsafe, dangerous or obstructed, or in consequence of the existence of snow or ice thereon, unless written notice of the defective, unsafe, dangerous or obstructed condition, or of the existence of snow or ice, had actually been given to the Department of Public Works to the attention of the City Engineer prior to the happening of the event causing such damages or injuries to person or property and there had been a failure or neglect on the part of the City to repair or remove the defect, danger or obstruction complained of, or to cause the snow or ice to be removed, or the place otherwise made reasonably safe, within a reasonable time after the receipt of such notice. Such written notice must describe, in reasonable detail, the location and nature of the referenced condition(s), shall be manually subscribed, and shall be delivered to the City Engineer by hand, or by first class or certified mail addressed to the City Engineer with an address of 141 Oakland Beach Avenue, Rye, New York 10580. Notice of a defect submitted via email, the City's website, any service, website, or application the City uses to allow the public to submit reports or service requests to the City, comments on a social media page maintained by the City, or any other electronic means does not satisfy the process and procedure for submitting written notices of defect required by this section. No such action shall be maintained for damages or injuries to the person or property sustained solely by reason in consequence of the existence of snow or ice upon any sidewalk, crosswalk, parking area or street unless written notice thereof, relating to the particular place, was actually given to the City Engineer in accordance with the above requirements, and there was a failure or neglect to cause such snow or ice to be removed or the place otherwise made reasonably safe within a reasonable time after the receipt of such notice.
No encroachment on any sidewalk, alley, street, highway or public grounds in the city shall operate to confer any right upon any person or corporation adverse to the city regardless of the length of time the same may exist, and the city may sue for its removal as a nuisance at any time.
The City Comptroller, City Clerk, City Judge, Acting City Judge, City Marshal and such other officers and employees as may be specified by the Council shall give bond for the faithful performance of their duties. The bond shall be in such sum and with such corporate sureties as may be approved by the Council. The premium of all such surety bonds shall be paid by the city.
The chairman of any board or commission or the head of any department, office or agency of the city, or any officer or employee thereof when authorized by the chairman of such board or commission or the head of such department, office or agency, may for the purpose of performing his duties, enter, examine, inspect or survey any building, structure, enclosure, vehicle, vessel or premises, or any part thereof, or anything therein or attached thereto, at any reasonable hour.
Service of a notice under this Charter, unless otherwise provided, may be personal or by mail by depositing a copy thereof in the post office addressed to the person to be notified at his last known place of residence, or if such place of residence be unknown, then by publication of such notice in the official newspaper of the city. The day of publication shall be deemed to be the date of service. Whenever any property in the city shall be owned by two or more persons jointly or as tenants in common, or otherwise, a notice served on one of such owners shall be sufficient notice to all, for any purpose requiring a notice under this Charter.
The provisions of the Charter of the City of Rye, being Chapter 505 of the Laws of 1940, relating to the City Court are continued until duly amended or superseded.
The Charter of the City of Rye, being Chapter 505 of the Laws of 1940, as amended, except with respect to Article II, Section 11, and Articles XIX and XXI thereof, is hereby repealed. All local laws, ordinances, resolutions and regulations of this city, to the extent that they are not inconsistent with any provisions of this Charter, shall remain in full force and effect until repealed or amended.
If any provisions of this Charter is held invalid or inapplicable to any person or circumstance, the other provisions of the Charter and their application to other persons or circumstances shall not be affected thereby.