[HISTORY: Adopted by the Board of Trustees of the Village of North Syracuse as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-9-2005 by L.L. No. 4-2005]
No civil action shall be maintained against the Village of North Syracuse for damages or injuries to persons or property sustained in consequence of any defective, unsafe, dangerous or obstructed condition or for damages or injuries to persons or property solely in consequence of the existence of ice or snow on any real property or personal property located thereon, when such real or personal property is owned or leased by the Village of North Syracuse, unless written notice of the defective, unsafe, dangerous or obstructed condition or of the existence of the snow or ice, which written notice relates to a particular place or thing, 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 defect, danger or obstruction complained of or to cause the snow or ice to be removed or the place or thing to be otherwise made reasonably safe.
It is the Village's intent that this article shall be in addition to and not in lieu of the provisions of Village Law § 6-628 and Civil Practice Law and Rules § 9804 and shall supersede those statutes or any other statute of the Village or state only to the extent that this article is consistent therewith.
[Adopted 4-13-2023 by L.L. No. 3-2023]
A. 
No civil actions shall be maintained against the Village or Village Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk, or culvert being defective, out of repair, unsafe, dangerous, or obstructed unless written notice of such defective, unsafe, dangerous, or obstructed condition of such highway, bridge, street, sidewalk, crosswalk, or culvert was actually given to the Village Clerk or Village Superintendent of Highways, and there was a failure or neglect within a reasonable time after the giving or such notice to repair or remove the defect, danger, or obstruction complained of.
B. 
No such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk, or culvert, unless written notice thereof, specifying the particular place, was actually given to the Village Clerk or Village Superintendent of Highways and there was 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 Superintendent of Highways shall transmit in writing to the Village Clerk within five days after the receipt thereof all written notices received pursuant to this article and § 6-628 of NY Village Law. The Clerk shall cause all written notices received pursuant to this article and § 6-628 of New York Village Law, to be presented to the Village Board within five days of the receipt thereof or at the next succeeding Village Board meeting, whichever shall be sooner.
This article shall supersede in its application to § 6-628 of the Village Law. This article requires the receipt by the Village Clerk or Highway Superintendent of prior written notice adequately describing any alleged highway defect as a strict condition precedent to the filing of any civil legal action against the Village of North Syracuse seeking damages of any type.
This article shall take effect immediately upon its filing in the office of the Secretary of State.