[HISTORY: Adopted by the Board of Trustees of the Village of Minoa
9-3-1985 as Ch. 90 of the 1985 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and public places — See Ch. 136.
For the purposes of this chapter, the following words, phrases and terms
and their derivations shall have the meanings given herein:
Any defective, hazardous, dangerous or obstructed condition, including
such conditions as may have been created by an act or omission of any employee
or officer of the village, and including such conditions as may result from
inadequate or improper design, maintenance or repair or from the existence
of snow or ice.
A highway, street, road, cul-de-sac, drive or other roadway maintained
by the village, whether or not such highway has been formally dedicated to
the village. This definition shall include bridges, shoulders, curbs, gutters,
culverts, signs and other traffic control devices and all other things appurtenant
to a highway.
All village highways, bridges, culverts, sidewalks, crosswalks, parking
areas, playgrounds, parks and all other real property owned, leased, used,
occupied or maintained by the village or over or through which the village
has an easement or right-of-way, and all buildings, structures, fixtures,
personal property and appurtenances thereto owned, leased, used, occupied
or maintained by the village.
[1]No civil action shall be brought or maintained against the village or
any employee of the village for damages or injuries to person or property
sustained by reason of any village property being in an unsafe condition unless,
prior to said injuries, written notice of such condition was actually given
to the Village Clerk and there was a failure or neglect within a reasonable
period of time after the receipt of such notice to repair, remedy or remove
the unsafe condition complained of, or to make the village property reasonably
safe.
The notice required in the preceding § 101-2 shall be in writing, shall contain the name, address and signature of the person making the complaint and shall specify the particular place where the unsafe condition is located and the nature of said condition.
The Village Clerk shall keep and maintain a record of all written notices
received pursuant to this chapter, which record shall state the date of the
receipt of the notice, the nature and location of the conditions stated to
exist and the name and address of the person from whom the notice is received.
The record of each notice shall be preserved for a period of at least three
years after the date it is received.
The Village Clerk shall cause all written notices received by the Village
Clerk pursuant to this chapter or pursuant to Village Law § 6-628
to be presented to the Village Board within five days of the receipt thereof
or at the next Village Board meeting, whichever shall be sooner.
This chapter shall not be construed as creating or allowing any cause
of action or substantive liability against the village or any of its officers
or employees which would not otherwise exist in the absence of this chapter.
