[HISTORY: Adopted by the Board of Trustees of the Village
of Spencerport 2-2-1988 by L.L. No. 1-1988 (Ch. 110, Art. II,
of the 1988 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 280.
Section 6-628 of the Village Law, as it applies to the Village
of Spencerport, New York, is hereby amended to read as follows:
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§ 6-628. Liability of Village in certain actions.
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No civil action shall be brought or maintained against the Village
of Spencerport for damages or injuries to person or property sustained
in consequence of any street, highway, bridge, culvert, sidewalk or
crosswalk being defective, out of repair, unsafe, dangerous or obstructed,
or in consequence of the existence or accumulation of snow or ice
upon any street, highway, bridge, culvert, sidewalk or crosswalk,
unless written notice of the existence of such condition, relating
to the particular place, had theretofore actually been given to the
Village Clerk of the Village of Spencerport, New York, and there had
been a failure or neglect on the part of said Village to cause such
condition to be corrected or such snow or ice to be removed or the
place otherwise made reasonably safe within a reasonable time after
the receipt of such notice.
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Nothing herein contained, however, shall be held to revive any
claim or cause of action now barred by any existing requirement or
statute of limitations nor to waive any existing limitation now applicable
to any claim or cause of action against the Village of Spencerport,
New York.
The Village Clerk shall keep an indexed record of all written
notices which he shall receive of the existence of a defective, unsafe,
dangerous or obstructed condition in or upon, or of an accumulation
of ice or snow upon, any Village street, highway, bridge, culvert,
sidewalk or crosswalk, which record shall state the date of receipt
of the notice, the nature and location of the condition stated to
exist, and the name and address of the person from whom the notice
is received. All such written notices shall be indexed according to
the location of the alleged defective, unsafe, dangerous or obstructed
condition, or the location of accumulated snow or ice. He shall at
the Board meeting next following receipt of such written notice by
him, or within 10 days, whichever is sooner, cause said written notice
to be brought to the attention of the Board of Trustees. The record
of each notice shall be preserved for a period of five years after
the date it is received.
