Village of Oakfield, NY Chapter 182 Notification of Defects

[HISTORY: Adopted by the Board of Trustees of the Village of Oakfield 11-9-2015 by L.L. No. 4-2015. Amendments noted where applicable.]

§ 182-1 Authority.

This chapter is adopted pursuant to New York Municipal Home Rule Law.

§ 182-2 Written notification requirement.

A. No civil action shall be maintained against the Village of Oakfield or the Department of Public Works Superintendent for damages or injuries to person or property sustained by reason of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous, or obstructed condition of street, highway, bridge, culvert, sidewalk or crosswalk was actually given to the Village Clerk-Treasurer or Department of Public Works Superintendent and there was a failure or neglect to repair or remove the defect, danger or obstruction complained of within a reasonable time after the giving of such notice. 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 street, highway, bridge, culvert, sidewalk or crosswalk unless written notice thereof, specifying the particular place, was actually given to the Village Clerk-Treasurer or Department of Public Works Superintendent 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. The Village Department of Public Works Superintendent shall transmit, in writing, to the Village Clerk-Treasurer all written notices received pursuant to this chapter within 10 days after receipt. The Village Clerk-Treasurer shall maintain a record of such notices.

§ 182-3 Severability.

The invalidity of any clause, sentence, paragraph or provision of this chapter shall not invalidate any other clause, sentence, paragraph or part hereof.

§ 182-4 Conflict of provisions.

All local laws, ordinances or resolutions or parts of local laws, ordinances or resolutions in conflict with any part of this chapter are hereby repealed. This chapter shall constitute the requirement of notice referred to in General Municipal Law § 50-e, Subdivision 4.