It is the intent of this chapter to require a notice of defect
to be filed with the Village of Cornwall-on-Hudson so that the village
may be placed on actual notice of any dangerous conditions and therefore
more capable to replace and repair defective village property and
protect village residents from injury. This chapter exists for the
benefit of the public and the village and incidentally for the individual.
MacMullen vs. City of Middletown, 187, N.Y. 37 (1907). This chapter
is enacted pursuant to the powers granted to the village by virtue
of Article 9, § 2(C)(5) of the New York State Constitution.
No cause of action shall accrue against or shall be maintained
against the Village of Cornwall-on-Hudson, Orange County, New York,
its officers, agents, or employees for damages or injuries to a person
or property sustained in consequence of any defective or out-of-repair
village property or property under the direct or indirect control
of the village, unless a written notice of defect was first filed
with the Village Clerk and there was a failure or neglect by the village
within a reasonable time after the receipt of such written notice
to repair or remove the defect, danger or obstruction. The filing
of a notice of defect shall be a condition precedent to the filing
or maintaining of an action or special proceeding against the village,
its officers, agents or employees for such damage or injury to person
or property.
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.
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 Mayor. Notices of defect shall be kept on record for
at least five years.
This chapter shall not create new or additional liability for
the village where there was no specific existing duty on the part
of the village to repair or replace the defective or dangerous condition.
Should any word, clause, sentence, paragraph, section or part
thereof of this chapter be judicially determined to be invalid, such
judgment shall not affect, impair or invalidate the remainder of this
chapter but shall be confined in its operation to the word, clause,
sentence, paragraph, section or part thereof directly involved in
the controversy.