[HISTORY: Adopted by the Board of Trustees of the Village of Penn Yan 12-3-1990 by L.L. No. 19-1990 (Ch. 77 of the 1969 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
No civil action may be maintained against the Village for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk as well as other Village facilities or devices being defective, out of repair, unsafe, dangerous or obstructed unless, before the occurrence resulting in such damages or injury, a) notice of the defective, unsafe, dangerous or obstructed condition was delivered to the Village Clerk at 111 Elm Street, Penn Yan, NY 14527 in the form of a written physical hard copy and b) the Village failed or neglected to repair or remove the defect, danger or obstruction within a reasonable time after being given such notice. No action may be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk or street unless a) notice thereof relating to the particular place was delivered to the Village Clerk at 111 Elm Street. Penn Yan, NY 14527, in the form of a written physical hard copy and b) the Village failed or neglected to cause such snow or ice to be removed or to otherwise reasonably make safe the place within a reasonable time after receiving the notice. Notice of defect submitted via email, the Village's website, any service, website, or application which the Village utilizes to allow the public to submit reports or service requests to the Village, comments on a social media page maintained by the Village or any other electronic means does not satisfy the process and procedure for submitting written notice of defect required by this section.
The Clerk of the Village of Penn Yan shall keep a record of all notices which said Clerk shall receive pursuant to this chapter of the existence of a defective, unsafe, dangerous or obstructed condition, 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. The record of each notice shall be preserved for a period of seven years after the date it is received.