No person occupying any private dwelling and no person owning
or exclusively controlling any other premises, either vacant or improved,
shall permit any sidewalk in front of or contiguous to such premises,
provided that direct access to such sidewalk is available from the
premises, to remain covered, obstructed or encumbered with ice, snow,
dirt, filth, weeds, rubbish, litter, debris or other obstructions
or encumbrances for more than two hours after a reasonable opportunity
has been had to remove the same.
No person owning and/or occupying any premises shall allow any
sidewalk, path and/or public thoroughfare in front of or contiguous
to such premises to become or remain in any condition which might
reasonably endanger any person, after receiving actual or constructive
notice thereof. If such sidewalk, path and/or public thoroughfare
shall not have been repaired or put in a safe condition within a reasonable
time after receipt of such actual or constructive notice, the Board
of Trustees and/or the Village Administrator may serve a notice upon
the owner or occupant of such premises, specifying the place, manner
and time, not less than 24 hours, within which said sidewalk, path
or public thoroughfare is required to be repaired or put in a safe
condition. If the owner and/or occupant of such premises shall not
repair the sidewalk, path and/or thoroughfare within the time required
by the notice, the Board of Trustees may cause the sidewalk, path
and/or public thoroughfare to be repaired or to be otherwise put in
a safe condition and assess the expense thereof upon the adjoining
land, and such assessment shall be made and collected in the same
manner as the making and collection of any other assessment as prescribed
by the provisions of the Village Law.
In the event that the owner and/or occupant of any premises shall fail to comply with the provisions of § 406-25 or 406-26 of this article and personal injury or property damage shall result from such failure, said owner and/or occupant of the premises shall be liable to all persons who are injured and/or whose property is damaged as a result of such noncompliance.
No civil action shall be maintained against the Village for
damages or injuries to person or property sustained in consequence
of any street, highway, bridge, culvert, sidewalk, crosswalk or municipal
parking lot in the Village 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 of snow or ice upon
any sidewalk, crosswalk, street, highway, bridge, culvert, municipal
parking garage or municipal parking lot in the Village unless written
notice of the defective, unsafe, dangerous or obstructed condition
or of the existence of snow or ice, relating to the particular place,
was given to and actually received by the Village Clerk/Treasurer
and there was a failure or neglect with 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 to be removed or the place
otherwise made reasonably safe.
