[HISTORY: Adopted by the Village Board of the Village of
Webster as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-11-1978 by L.L. No. 1-1978]
No civil action shall be maintained against the Village of Webster
or the Village of Webster Superintendent of Public Works for damages
or injuries to person or property sustained by reason of any highway,
sidewalk, culvert, water or sewer appurtenance being defective, out
of repair, unsafe, dangerous or obstructed unless written notice of
such defective, unsafe, dangerous or obstructed condition of such
highway, sidewalk, culvert, water or sewer appurtenance was actually
given to the Village Clerk or Village Superintendent of Public Works
and there was a failure or neglect within a reasonable time after
the giving of such notice to repair or remove the defect, danger or
obstruction complained of; but 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, sidewalk
or culvert unless written notice thereof specifying the particular
place was actually given to the Village Clerk or Village Superintendent
of Public Works and there was a 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 Village Superintendent of Public Works shall transmit, in
writing, to the Village Clerk within five days after receipt thereof
all written notices received by him/her pursuant to this article and
§ 50-e of the General Municipal Law. The Village Clerk shall
cause all written notices received by the Village Clerk pursuant to
this article and § 50-e of the General Municipal Law to
be presented to the Village Board at the next succeeding Village Board
meeting, or within 10 days, whichever is sooner. The record of each
notice shall be preserved for a period of five years after the date
it is received.
