Where claims for bodily injury or damage to property are asserted
against the Village of Middleport arising out of alleged defective
conditions of property owned by or in the care, custody or control
of the Village, adequate notice to the Village of any such conditions,
if found to exist, is necessary. Whether the Village has received
actual or constructive notice of such alleged defective conditions
is often a question of fact which can lead to uncertainty and possible
unwarranted finding of liability against the Village. To assure that
the Village received notice of an alleged defective condition and
is able to respond in a prompt and reasonable manner, the Village
Board considers it important that such prior notice be. in writing.
It is the purpose of this chapter to require that notice of defective
conditions of Village property be given to the Village by prior written
notice actually received by the Village in order to provide for the
safety, health, protection and general welfare of the persons and
property of the Village of Middleport.
No civil action shall be maintained against the Village of Middleport
for damages or injuries to person or property sustained in consequence
of any street, highway, bridge, culvert, sidewalk or crosswalk 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 the 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 and there was a failure or neglect within a reasonable
time after the receipt of such notice to repair or remove the defect,
danger or obstruction complained of, or to cause the snow or ice to
be removed, or the place otherwise made reasonably safe.
No civil action shall be maintained against the Village of Middleport
for injuries to person or property sustained in consequences of any
property, owned or maintained by the Village of Middleport being out
of repair, unsafe, dangerous or obstructed, unless written notice
of the out-of-repair, defective, unsafe, dangerous or obstructed condition
was actually given to the Village Clerk and there was a failure or
neglect within a reasonable time after receipt of such notice to repair
or remove the out-of-repair, defect, defective, unsafe, dangerous
or obstructed condition after a reasonable time of such notice.
The Village Clerk shall maintain a separate record of any and
all written notices which shall be received pursuant to the provisions
of this chapter.
Electronic submissions, including email, social media or any
other electronic means, shall not constitute a valid prior written
notice as required pursuant to the terms of this chapter.
If any part or provision of this chapter, or the application
thereof, to any person or circumstance be adjudged invalid by any
court of competent jurisdiction, such judgement shall be confined
in its operation to the part, provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or application thereof to other persons or circumstances.
This chapter is adopted pursuant to the terms of Village Law
§ 6-628, Municipal Home Rule Law, including § 10,
Subdivision 1(i), thereof, and New York State Constitution Article
IX, including the power to enact local laws relating to municipalities'
property.
This chapter shall take effect immediately upon filing with
the Secretary of State.