[HISTORY: Adopted by the Board of Trustees of the Village
of Boonville 12-13-1982 by L.L.
No. 2-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 17.
No civil action shall be maintained against the Village of Boonville,
New York, or the Superintendent of Highways of the Village of Boonville,
New York, for damages or injuries to person or property sustained
in consequence of any street, highway, right-of-way, bridge, culvert,
sewer line, waterline, storm sewer drain, stormwater drain, sidewalk,
crosswalk or curb being defective, out of repair, improperly maintained,
unsafe, dangerous or obstructed or for damages or injuries to person
or property sustained solely in consequence of the existence of snow,
ice or other debris upon any street, highway, right-of-way, bridge,
culvert, sewer line, waterline, storm sewer drain, stormwater drain,
sidewalk, crosswalk or curb unless written notice of the defective,
improperly maintained, unsafe, dangerous or obstructed condition or
of the existence of the snow, ice, or other debris, relating to the
particular place in the Village of Boonville, New York, was actually
given to the Village Clerk of the Village of Boonville, New York,
and there was a failure or neglect within a reasonable time after
the receipt of such notice to repair, correct, or remove the defect,
danger or obstruction complained of, or to cause the snow, ice or
other debris to be removed, or the place otherwise made reasonably
safe.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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.
