[HISTORY: Adopted by the Village Board of the Village of
Lowville 4-19-2023 by L.L. No. 4-2023. Amendments noted where applicable.]
It is the intention of the Village Board to protect the health
and safety of the community by requiring actual written notice of
defective and hazardous conditions existing on Village-owned, or -maintained,
properties. The receipt of actual written notice will enhance the
Village's ability to remedy dangerous conditions on all properties
under the management and care of Village personnel in an expeditious
and safe manner. This chapter is enacted pursuant to Authority of
NY Village Law § 4-412, NY Civil Practice Law and Rules
Article 98, and Municipal Home Rule Law § 10. This chapter
is intended to repeal and replace any local law, ordinance, rule or
regulations in conflict with the same.
Be it enacted by the Village Board of Lowville that no civil
action shall be maintained against the Village or any Village official
or Village Superintendent of the Department of Public Works for damages
or injuries to person or property sustained by reason of any highway,
street, crosswalk, bridge, culvert being defective, out of repair,
unsafe, dangerous or obstructed unless written notice of such defective,
unsafe dangerous or obstructed condition of such highway, street,
crosswalk, bridge or culvert was actually given to the Village Clerk
or Village Superintendent of the Department of Public Works, and that
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
complained of; nor shall such action be maintained for damages or
injuries to person or property sustained solely in consequence of
the existence of snow or ice upon any highway, street, crosswalk,
bridge or culvert, unless written notice thereof specifying the particular
place was actually given to the Village Clerk or Village Superintendent
of the Department 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.
No civil action shall be maintained against the Village, or
any Village official or Village Superintendent of the Department of
Public Works for damages or injuries to person or property sustained
by reason of any defect in its sidewalks or in consequence of the
existence of snow or ice upon any of its sidewalks, unless such sidewalks
have been constructed or are maintained by the Village or the Superintendent
of the Department of Public Works of the Village pursuant to statute,
nor shall any action be maintained for damages or injuries to person
or property sustained by reason of such defect or in consequence of
such existence of snow or ice unless written notice thereof specifying
the particular place was actually given to the Village Clerk or to
the Village Superintendent of the Department of Public Works and there
was a failure or neglect to cause such defect to be remedied, 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 the Department of Public Works
shall transmit, in writing, to the Village Clerk within 10 days after
the receipt thereof all written notices received by him/her pursuant
to this chapter.
The Village Clerk shall keep an indexed record, in a separate
book, of all written notices which he/she shall receive of the existence
of a defective, unsafe, dangerous or obstructed condition in or upon,
or of an accumulation of ice or snow upon, any Village highway, street,
crosswalk, bridge, culvert or sidewalk, 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.
The record of each notice shall be preserved for a period of five
years after the date it is received.
It is the intent of the Village Board, pursuant to the Municipal
Home Rule Law of the State of New York, to adopt provisions at least
as restrictive as § 4-412 of the Village Law and Article
98 of the Civil Practice Law and Rules.
This chapter shall take effect immediately upon its filing in
the office of the Secretary of State.
