It is the intent of this chapter to require a notice of defect
to be filed with the Village so that the Village may be placed on
actual notice of any dangerous conditions and therefore be more capable
to replace and repair defective Village property and protect Village
residents from injury. It is the intent of the Village Board of Trustees
to require notice for all defects and/or dangerous conditions of any
kind, type or nature, not just physical conditions such as holes and
cracks, so as to strengthen and increase the Village's capacity
to protect lives and property and the public welfare; see Alexander
v. Eldred, 63 N.Y. 2d 460. This chapter exists for the benefit of
the public and the Village, and incidentally for the individual, MacMullen
v. City of Middletown, 187 N.Y. 37 (1907).
Village property or property under direct or indirect control
of the Village shall include but not be limited to any park, recreational
facility, library, sewage treatment plant, Water Department property,
garage, Village Hall, any other Village building, property, street,
highway, bridge, culvert, sidewalk, crosswalk, or parts or appurtenances
thereof. Defects and unsafe or dangerous conditions referred to in
this chapter include, without limitation, the lack or absence of,
failure to provide or failure to maintain, signs, safety devices,
traffic control devices or snow and ice control.
The Village Clerk shall keep an indexed record of all notices
of defect, which record shall indicate the time and date of receipt
of the notices. After receipt, the Clerk shall forward copies of these
notices to the Village Manager. Notices of defect shall be kept on
record for at least five years.