[Adopted 8-2-1994 by L.L. No. 4-1994]
A. 
This article shall be known as the "Notification of Defects Law."
B. 
The Village Board determines that it is necessary to set forth guidelines as to what extent prior notice to the municipality is required in order for a party to maintain a civil action against the Village of Lima or the Village Superintendent of Public Works for injury to person or property as the result of any allegedly defective, unsafe, dangerous or obstructed highway, street, curb, gutter, bridge, culvert, sidewalk or crosswalk, highway marking, sign or device or any other property or appurtenance owned, operated or maintained by the Village or any instrumentality thereof.
The Village Board hereby intends to supplement statutes regulating or prohibiting the prosecution of civil actions against the municipality for injury to person or property resulting from any allegedly defective, unsafe, dangerous or obstructed highway, street, curb, gutter, bridge, culvert, sidewalk or crosswalk (highway marking, sign or device or any other property or appurtenance) owned, operated or maintained by the Village or any instrumentality thereof unless the municipality was given adequate and clear, prior notice of such defective, unsafe or dangerous condition.
A. 
No civil action shall be brought or maintained against the Village of Lima or the Village Superintendent of Public Works or against any other instrumentality or officer of the Village for damages or injuries to persons or property sustained in connection with the use of any highway, street, curb, gutter, bridge, culvert, sidewalk or crosswalk (highway marking, sign or device or any other property or appurtenance) owned, operated or maintained by the Village, or any instrumentality thereof, for allegedly defective, out of repair, unsafe, dangerous or obstructed condition(s), unless prior written notice, stating the nature and location of such defective, unsafe, dangerous or obstructed condition of such highway, street, curb, gutter, bridge, culvert, sidewalk or crosswalk (highway marking, sign or device or any other property) owned, operated or maintained by the Village or any instrumentality thereof was actually given to the Village Clerk or the Village Superintendent of Public Works and there was thereafter a failure or neglect by said Village or its instrumentality within a reasonable time to repair or remove the defect, danger or obstruction complained of.
B. 
No such action shall be maintained for damages or injuries to persons or property sustained solely in consequence of the existence of snow or ice upon any highway, street, curb, gutter, bridge, culvert, sidewalk or crosswalk (or any other property) owned by the Village unless prior written notice thereof, specifying the particular location, was actually given to the Village Clerk or the Village Superintendent of Public Works 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.
The Village Superintendent of Public Works shall transmit, in writing, to the Village Clerk, and the Village Clerk shall transmit, in writing, to the Village Superintendent of Public Works, within 10 days after receipt thereof, all written notices received by either officer pursuant to this article, and the Village Superintendent of Public Works shall take any and all reasonable corrective action with respect thereto as soon as may be practicable.
A. 
The Village Clerk shall keep an indexed record in a separate book of all written notices which the Village Clerk shall receive (whether directly or through any other officer of the Village) pursuant to this article of the existence of a defective, unsafe, dangerous or obstructed condition in or upon or of an accumulation of ice and snow upon any Village highway, street, curb, gutter, bridge, culvert, sidewalk, crosswalk (or any other property) owned by the Village or any instrumentality thereof.
B. 
The 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.
C. 
The records of each notice shall be preserved for a period of five years after the date it is received.
A. 
Nothing contained in this article shall be held to repeal or modify or waive any existing requirement or stature of limitations but, to the contrary, shall be held to be additional requirements prerequisite to maintaining such action.
B. 
Nothing contained herein shall be held to modify any existing rule of law relative to the question of contributory negligence nor to impose upon the Village, its officers and employees and/or any of its instrumentalities any greater duty or obligation than that it shall keep its streets and public rights-of-way in a reasonably safe condition for public use.