It is the intent of this chapter to enact prior notice provisions as a condition precedent to the commencement of any claim against the Village for injuries because of defective or dangerous conditions of Village-owned highways, streets, bridges, culvert, sidewalks, parking lots and other easements or rights-of-way.
[HISTORY: Adopted by the Board of Trustees of the Village of Little Valley. Amendments noted where applicable.]
A.
No civil action shall be maintained against the Village for damages or injuries to person or property sustained by reason of any highway, street, bridge, culvert, sidewalk, parking lot, easement or right-of-way area, being defective, out of repair, unsafe, dangerous or obstructed or for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk, street, highway, bridge or culvert unless written notice of such defective, unsafe, dangerous or obstructed condition or of the existence of the snow or ice, relating to the particular place, was actually given to the Village Clerk or the 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 regarding which the complaint is made, or to cause the snow or ice to be removed. Constructive notice shall not be deemed an acceptable alternative to such prior written notice.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The Superintendent of Public Works shall transmit in writing to the Village Clerk within 10 days after the receipt thereof all written notices received by him pursuant to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The Village Clerk shall keep an indexed record, in a separate book, of all written notices, which (s)he shall receive pursuant to this chapter of the existence of an defective, unsafe, dangerous or obstructive condition in or upon, or of an accumulation of ice or snow upon any Village highway, street, bridge, easement, sidewalk, parking lot or right-of-way, 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/she shall, at the Board meeting next following receipt of such written notice by him/her, 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.
If any provision of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, then such adjudication, shall not effect, impair or invalidate the remainder thereof, but shall be confined in its operation to the particular provision directly involved in the controversy in which such judgment shall have been rendered.