[Adopted 9-10-2013 by L.L. No. 5-2013]
A.
Defects in public works, bridges and other Village property. No civil
actions shall be maintained against the Village or Village Superintendent
of Public Works for damages or injuries to person or property sustained
by reason of any highway, bridge, street, sidewalk, crosswalk or culvert
being defective, out of repair, unsafe, dangerous or obstructed unless
written notice of such defective, unsafe, dangerous or obstructed
condition of such highway, bridge, street, sidewalk, crosswalk or
culvert was actually given to the Village Clerk or Village Superintendent
of Public Works and there was a failure or neglect within a reasonable
time after the giving of such notice to repair or remove the defect,
danger or obstruction complained of. No such action shall be maintained
for damages or injuries to person or property sustained solely in
consequence of the existence of snow or ice upon any highway, bridge,
street, sidewalk, crosswalk or culvert unless written notice thereof,
specifying the particular place, was actually given to the Village
Clerk or Village Superintendent of Public Works and there was a failure
or neglect to cause such snow or ice to be removed or to make the
place otherwise reasonably safe within a reasonable time after the
receipt of such notice.
B.
Defects in sidewalks. No civil action will be maintained against
the Village and/or the Village Superintendent of Public Works for
damages or injuries to person or property sustained by reason of any
defect in the sidewalks of the Village or in consequence of the existence
of snow or ice upon any of its sidewalks, unless such sidewalks have
been constructed or are maintained by the Village or the Superintendent
of Public Works pursuant to statute, nor shall any action be maintained
for damages or injuries to person or property sustained by reason
of such defect or in consequence of such existence of snow or ice
unless written notice thereof, specifying the particular place, was
actually given to the Village Clerk or to the Village Superintendent
of Public Works and there was a failure or neglect to cause such defect
to be remedied or such snow or ice to be removed or to make the place
otherwise reasonably safe within a reasonable time after the receipt
of such notice.
C.
Powers and duties of Superintendent of Public Works. The Village
Superintendent of Public Works shall transmit in writing to the Village
Clerk within five days after the receipt thereof all written notices
received pursuant to this article. The Village Clerk shall cause all
written notices received pursuant to this article to be presented
to the Village Board within five days of the receipt thereof or at
the next succeeding Village Board meeting, whichever shall be sooner.
D.
Record of notices. The Village Clerk shall keep an indexed record,
in a separate book, of all written notices which he/she 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 highway,
bridge, culvert or sidewalk, 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. The record of
each notice shall be preserved for a period of five years after the
date it is received.
E.
Construal of provisions. Nothing contained in this article shall
be held to repeal or modify or waive any existing requirement or statute
of limitations but, on the contrary, shall be held to be additional
requirements to the rights to maintain such action. Nothing contained
herein shall be held to modify any existing rule of law relative to
the question of comparative negligence, nor to impose upon the Village,
its officers and employees and/or any of its improvement districts
any greater duty or obligations than that it shall keep its streets,
sidewalks and public places in a reasonably safe condition for public
use and travel.
