[HISTORY: Adopted by the Board of Trustees of the Village of Manlius 5-14-2013 by L.L. No. 2-2013. Amendments noted where applicable.]
It is the intent of this chapter to require a notice of defect to be filed with the Village of Manlius 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 Manlius, Onondaga 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, garage, Village hall or center, 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.
The notice of defect shall state that it is a notice of defect, the name and address of the complainant, the specific nature of the defective condition and the exact location of the defective condition.
The notice of defect shall be signed by the complainant and be verified.
The notice shall be served on the Village by either delivering a copy thereof personally to the Village Clerk or by certified or registered mail addressed to the Village Clerk.
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.