[HISTORY: Adopted by the Board of Trustees of the Village
of Avon by L.L. No. 4-1983. Amendments
noted where applicable.]
No civil action shall be maintained against the Village of Avon
or the Village Superintendent of Public Works for damages or injuries
to person or property sustained by reason of any highway, bridge,
culvert, sidewalk, sign, building or other property being defective,
out of repair, unsafe, dangerous or obstructed unless written notification
of such defective, unsafe, dangerous or obstructed condition was actually
given to the Village Clerk or Village Superintendent of Public Works,
and there was a failure or neglect within a reasonable time after
giving such notice to repair or remove the defect, danger or obstruction
complained of; that no such action shall be maintained for damages
or injuries to person or property sustained solely in consequence
of the existence of snow, ice, mud or other substance upon any highway,
bridge, culvert, sidewalk, sign or other Village property unless written
notice thereof specifying the particular place was actually given
to the Village Clerk or the Village Superintendent of Public works
and there was a failure to neglect to cause snow, ice, mud or other
substance 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 and
arrange with the Village Clerk within five days after the receipt
thereof all written notices received by him pursuant to this chapter.
The Village Clerk shall cause all written notices received by her
pursuant to this chapter to be presented to the Village Board of Trustees
within five days of the receipt thereof or at the next succeeding
Village Board meeting, whichever shall sooner occur.
