[Adopted 12-15-1955 (Ch. 55 of the 1964 Code); amended
in its entirety 8-2-2012 by L.L. No. 9-2012]
Pursuant to the provisions of the Municipal Home Rule Law of the State of New York, § 10, Subdivision 1(ii)e(3), in accordance with Municipal Home Rule Law § 22, these §§ 215-1 through 215-6 are hereby enacted to change and supersede New York Village Law § 6-628 (N.Y. Sess. L.1972, chapter 892, effective Sept 1, 1973), so that prior written notice to the Village has been and continues to be required in instances as set forth below in §§ 215-2, 215-3 and 215-4. The requirement of prior written notice in each of the instances described in said sections of the Village Code has been deemed to be in the best interest of the Incorporated Village of Westbury in clarifying and rationalizing prior provisions. It is the intent of the Mayor and Board of Trustees of the Incorporated Village of Westbury that this article clarify and articulate the prior understanding of this board with regard to the application of Village Law § 6-628.
As used in this article, the following terms shall have the
meanings indicated:
Shall include a viaduct and an overpass.
Shall include a catch basin, catch basin drain, catch basin
manhole and sump.
Shall include any hazardous 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.
Shall include a underpass, pedestrian walk or path, curb
strip in right-of-way, step, stairway, ramp, public square, piazza
or any other portion of the aforementioned integrated with or serving
as part of a connected sidewalk.
Shall include the curb, curbstone, shoulder, gutter, avenue,
underpass, road, alley, lane, boulevard, concourse, parkway, bicycle
path, road or path within a park, park approach, driveway, thoroughfare,
public way and accompanying traffic sign or device, street light,
street light pole or telephone pole and attachments, traffic island,
and public parking lots, garages and parking areas.
No civil action shall be maintained against the Village for
damage to property or injury to person or death sustained in consequence
of any street, highway, bridge, culvert, sidewalk or crosswalk, or
any part or portion of any of the foregoing including any encumbrance
thereon or attachments thereto, being out of repair, unsafe, dangerous
or obstructed, unless at least 48 hours before prior to the occurrence
resulting in such damage, injuries or death, written notice of the
defective, unsafe, dangerous or obstructed condition of such street,
highway, bridge, culvert, sidewalk or crosswalk shall have been filed
in the office of the Village Clerk, and there was a failure or neglect
within a reasonable time after the receipt of such notice to repair
or remove the defect, danger or obstruction complained of, or the
place otherwise made reasonably safe.
Such due notice shall only be effective if in writing to the
Village Clerk, served upon the Village Clerk, including in such notice
the date and time such notice is made, specific nature and reasonably
specific location of the defect reported to exist, such that the defect
may be readily identified and a correction or repair readily made,
and the name and address of the person who is giving such notice.
Service of due notice of any defect described in this chapter shall
be accomplished by personal service or by service by registered or
certified mail.
The Village Clerk shall keep an indexed record in a separate book of all written notices described in §§ 215-3 and 215-4 which have been filed with the Village Clerk, as set forth in § 215-5, regarding the existence of such defective, unsafe, dangerous or obstructed conditions, which record shall state the date of receipt of each such 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 shall be a public record. The record of each notice shall be maintained in the Office of the Village Clerk for a period of three years after the date on which it is received and shall be preserved in the municipal archives for a period of not less than five years.
If any provision of this article is held to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, the remaining
provisions of the section shall not be invalidated.
