[HISTORY: Adopted by the Board of Trustees of the Village of East
Aurora 3-14-2006 by L.L. No. 1-2006. Amendments
noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 223.
No action or special proceeding shall be prosecuted or maintained against
the Village of East Aurora or any officers, agents, employees or appointees
of the Village of East Aurora for personal injury, wrongful death or damage
to real or personal property alleged to have been sustained by reason of negligence
or wrongful act of such Village of East Aurora or any officer, agent, employee
or appointee of the Village of East Aurora for the defective, unsafe, out-of-repair,
dangerous or obstructed condition, including the existence of snow, ice, loose
gravel or other foreign substance thereon, of any Village-owned, -leased or
otherwise -controlled property of any kind, including but not limited to streets,
roads, highways, sidewalks, bridges, lands, culverts, sluices, street or traffic
control signs, poles, standards, gravel pits, driveways, buildings and other
structures, equipment, disposal sites, streams or bodies of water, drains,
parks, playgrounds, recreation areas, tennis courts, swimming pools, wading
pools, pavilions, waterlines, sewer lines and utilities, either
above ground or underground, unless written notice thereof was actually given
to the Village of East Aurora Clerk previously thereto and there was a failure
or neglect within a reasonable time after the giving of such notice to repair
or remove such condition complained of.
A.
Recordkeeping requirements pertaining to such notices,
including preservation of the notices, shall be as set forth in § 4-402
of the Village Law of the State of New York, as amended from time to time,
or other statutes amendatory thereto.
B.
The Village Clerk shall keep an indexed record of all
notices of defect, which record shall indicate the time and date of receipt
of the notices. After receipt, the Clerk shall forward copies of these notices
to the Mayor and Board of Trustees prior to the next regularly scheduled Board
meeting. Notices of defect shall be kept on record for at least five years.
Nothing herein shall be deemed in any way to alter or amend the time
limitations nor service requirements of § 50-e through 50-i of the
General Municipal Law of the State of New York as the same now exist or may
be hereafter amended.
A.
This chapter shall not create new or additional liability
for the Village where there was no specific existing duty on the part of the
Village to repair or replace the defective or dangerous condition.
B.
No claim shall be presented nor any action maintained
against the Village, its officers, agents or employees for damages or injuries
resulting from a defective or dangerous condition for which a notice of defect
has been filed where the Board of Trustees has determined the remedy or action
appropriate to cure such defective or dangerous condition unless such determination
is without rational basis or is grossly negligent or unless the remedy or
action specified in such determination has not been implemented within a reasonable
time. Nothing in this chapter shall be deemed to preclude the Board of Trustees
from making a determination that no remedial or corrective action is either
necessary, appropriate or justified for a condition for which a notice of
defect has been filed.
