[Adopted 5-19-1992 as L.L. No. 6-1992]
The Village Board of Trustees of the Village of Alexandria Bay has determined that, for purposes of proper maintenance of public properties and in order to protect and preserve village assets from liability from damage caused by defects to public property, it is necessary to limit civil actions against the village to instances where prior notice has been given of any alleged defect, lack of repair or unsafe, dangerous or obstructive condition on any public property or facility, including but not limited to any street, highway, bridge, culvert, sidewalk or crosswalk in the Village of Alexandria Bay. This Article will further serve to assure the necessary maintenance and repair as performed on all village property or facilities, including streets, highways, bridges, culverts, sidewalks or crosswalks or other similar public property.
This Article shall be known and may be cited as the "Village of Alexandria Bay Notification of Defects Law."
No civil action shall be maintained against the Village of Alexandria Bay for damages or injuries to person or property sustained in consequence of any public facility or property, including any street, highway, bridge, culvert, sidewalk, crosswalk, park or dock, being defective, out of repair, unsafe, dangerous or obstructed, unless it appears that written notice of the defect or unsafe, dangerous or obstructive condition of such public property or facility, including such street, highway, bridge, culvert, sidewalk, crosswalk, park or dock, was actually given to the Board of Trustees and there was a failure or neglect, within a reasonable time within the giving of such notice, to repair or remove the defect, danger or obstruction complained of or, in the absence of such notice, unless it appears that such defective, unsafe, dangerous or obstructive condition existed for so long a period that the same should have been discovered and remedied in the exercise of reasonable care and diligence. No such action shall be maintained for damages or injury to the person sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk, park, dock or street, unless written notice thereof relating to the particular place was actually given to the Board of Trustees and there was a failure or neglect to cause such snow or ice to be removed or the place otherwise made reasonably safe within a reasonable time after the receipt of such notice.
The Village Clerk shall keep an indexed record of all written notices received of the existence of any defective, unsafe, dangerous or obstructive condition or of snow or ice on any public facility or structure, including but not limited to streets, highways, bridges, culverts, sidewalks, crosswalks, docks or parks, 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.