[HISTORY: Adopted by the Board of Trustees of the Village
of Sagaponack 9-21-2015 by L.L.
No. 5-2015. Amendments noted where applicable.]
No civil action shall be maintained against the Village of Sagaponack
unless the requirements of this chapter are fully met.
No civil actions shall be maintained against the Village of
Sagaponack for damages or injuries to person or property sustained
by reason of any defect in any street, sidewalk, stair, overhanging
branch or tree, shrubbery, steps, walkway, parking lot, bulkhead,
street, gate, culvert, curb, missing street sign of any type or street
sign with obstructed visibility or the failure to provide by local
law or otherwise for the installation of any street sign of any type
or the existence of ice or snow on any sidewalk, street, walkway,
parking lot or curb, unless written notice of such defective, unsafe,
dangerous, obstructed or other condition shall be filed with the Village
Clerk at least 15 calendar days prior to the event giving rise to
the alleged claim.
In the absence of written notice, as required hereinabove, no
civil action shall be maintained against the Village of Sagaponack,
nor shall any civil action be maintained based upon an allegation
that such defect, unsafe condition, danger, obstruction or otherwise
existed for so long that the same should have been discovered and
remedied in the exercise of reasonable care and diligence, nor shall
any civil action be maintained based upon an allegation that a Village
employee possessed actual notice of such condition, unless written
notice is filed with the Village Clerk, as required hereinabove.
The written notice required by this chapter shall state the
exact location of the alleged defect, unsafe condition, dangerous
condition, obstruction or otherwise and shall specifically state the
exact condition complained of. If this requirement is not met, the
notice shall be void and insufficient.
