[HISTORY: Adopted by the Board of Trustees of the Village
of Hewlett Bay Park 7-3-1990 by L.L. No. 3-1990. Amendments noted where
applicable.]
A.
No civil action shall be maintained against the village for damages
or injuries to person or to property, including those arising from
the operation of any mechanical or transportation device or equipment,
sustained by reason of any highway, street, crosswalk, bridge, culvert,
street marking, sign or device or any other property owned, operated
or maintained by the village being defective, out of repair, unsafe,
dangerous or obstructed, unless written notice of such defective,
out-of-repair, unsafe, dangerous or obstructed condition was actually
given to the Village Clerk, in writing, and there was a failure or
neglect on the part of the village, within a reasonable time after
receipt of such notice, to repair or remove the defect, condition,
danger or obstruction complained of.
B.
No action shall be maintained for damages or injuries to person or
property sustained in consequence or by reason of the existence of
snow or ice upon any highway, street, bridge, culvert or any other
property owned, operated or maintained by the village, unless written
notice thereof, specifying the particular location of such condition,
was actually given to the Village Clerk and there was failure or neglect
on the part of the village to cause such snow or ice to be removed,
or such condition to be removed, or to make the place otherwise reasonably
safe, within a reasonable period of time after the receipt of such
notice.
A.
The Village Clerk shall keep an index record, in a separate book,
of all written notices that the Village Clerk shall receive pursuant
to this chapter concerning the existence of a defective, out-of-repair,
unsafe, dangerous or obstructed condition in or upon any highway,
street, crosswalk, bridge, culvert, street marking, sign or device
or any other property owned, operated or maintained by the village
or of any accumulation of snow or ice thereon. Such record shall state
the date of receipt of written notice, the nature and location of
the condition claimed to exist and the name and address of the person
from whom the notice was received. The records of such notices and
the written notices received pursuant to this chapter shall be maintained
and preserved for a period of seven years from the date of receipt.
B.
Upon receipt of any notice pursuant to this chapter, the Village
Clerk shall notify the Mayor forthwith.
Nothing contained in this chapter shall be held to repeal, modify
or waive, or otherwise affect, any existing or future requirements
of law or any statute of limitations that may be applicable to any
cause of action for personal injuries or property damage as described
in this chapter. On the contrary, the provisions of this chapter shall
be held to be additional requirements and prerequisites to the right
to maintain any such action or claim. Nothing herein contained shall
be held to modify any existing or future rule of law relative to the
question of contributory negligence nor to impose upon the village,
its officers or employees any greater duty or obligation than is otherwise
imposed on the village, its officers or employees with respect to
the maintenance of any highway, street, crosswalk, bridge, culvert,
street marking, sign or device or any other property owned, operated
or maintained by the village.
