[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton
Beach 11-12-1982 as L.L. No. 14-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification of officers and employees — See Ch. 15.
No civil action shall be maintained against the Village of Westhampton
Beach unless the requirements of this chapter are fully met.
[Amended 8-9-1993 by L.L.
No. 5-1993]
No civil actions shall be maintained against the Village of Westhampton
Beach for damages or injuries to person or property sustained by reason of
any defect in any sidewalk, boardwalk, staircase, walkway, parking lot, docks,
bulkheads, finger floats, finger docks, highway, bridge, culvert, curb, missing
highway sign or the failure to provide, by ordinance or otherwise, for the
installation of any highway sign unless written notice of such defective,
unsafe, dangerous, obstructed or other condition shall be filed with the Village
Clerk 15 calendar days prior to the event giving rise to the alleged claim.
In the absence of written notice, as required hereinabove, no civil
action shall be maintained against the Village of Westhampton Beach, nor shall
any civil action be maintained based upon an allegation that such defect,
unsafe condition, danger, obstruction or otherwise existed for so long that
the same should have been discovered and remedied in the exercise of reasonable
care and diligence, nor shall any civil action be maintained based upon an
allegation that a Village employee possessed actual notice of such condition,
unless written notice is filed with the Village Clerk, as required hereinabove.
The written notice required by this chapter shall state the exact location
of the alleged defect, unsafe condition, dangerous condition, obstruction
or otherwise and shall specifically state the exact condition complained of.
If this requirement is not met, the notice shall be void and insufficient.
