[HISTORY: Adopted by the Board of Trustees of the Village
of Yorkville 1-4-2011 by L.L. No. 1-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 10,
but was renumbered to maintain the organization of the Code.
No civil action shall be brought or maintained against the Village
of Yorkville for damages or injuries to person or property sustained
in consequence of any street, highway, bridge, culvert, sidewalk,
crosswalk, curb, grating, opening, drain, sewer, municipal parking
lot, Village park, recreational facility or equipment, parking field,
playground or playground equipment being defective, out of repair,
unsafe, dangerous or obstructed, unless, prior to the occurrence resulting
in such damage or injuries, written notice of the defective, unsafe,
dangerous or obstructed condition of such street, highway, bridge,
culvert, sidewalk, crosswalk, curb, grating, opening, drain, sewer,
municipal parking lot, Village park, recreational facility or equipment,
parking field, playground or playground equipment relating to the
particular place shall have been filed in the office of the Village
Clerk of the Village of Yorkville and that there was a failure or
neglect to repair, remedy or remove the defect within a reasonable
time after the filing of said notice.
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 Yorkville.
If any provision or application of this chapter shall be judged
unconstitutional or invalid by any court of competent jurisdiction,
the remainder of this chapter shall not be affected thereby, and the
Board of Trustees hereby declares that it would have enacted this
chapter without the invalid provision or application, as the case
may be, had such invalidity been apparent.
This chapter shall take effect immediately.
