[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.
