Chapter 82

NOTIFICATION OF DEFECTS

[HISTORY: Adopted by the Board of Trustees 5-3-2004 by L.L. No. 1-2004. Amendments noted where applicable.]

§ 82-1. Written notice required.

No civil action shall be maintained against the Village for damages or injuries to person or to property, including those arising from the operation of any mechanical or transportation device or equipment, sustained by reason of any highway, street, crosswalk, bridge, culvert, street marking, sign or device or any other property owned, operated or maintained by the Village being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, out-of-repair, unsafe, dangerous or obstructed condition of such highway, street, crosswalk, bridge, culvert, street marking, sign or device or any other property owned, operated or maintained by the Village was actually given to the Village Clerk 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. 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, street, bridge, culvert or any other property owned by the Village unless written notice thereof specifying the particular place was actually given to the Village Clerk and there was 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.

§ 82-2. Record of notices.

The Village Clerk shall keep an index record, in a separate book, of all written notices that the Village Clerk shall receive of the existence of a defective, out-of-repair, unsafe, dangerous or obstructed condition in or upon any highway, street, crosswalk, bridge, culvert, street marking, sign or device or any other property owned, operated or maintained by the Village or of any accumulation of snow or ice thereon, which record shall state the date of the 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. The record of such notice shall be preserved for a period of 5 years from the date it is received, and upon receipt of any notice, the Village Clerk shall notify the Mayor forthwith.

§ 82-3. Interpretation.

Nothing contained in this chapter shall be held to repeal or modify or waive any existing requirement or statute of limitations that is applicable to these causes of action, but, on the contrary, the provisions hereof shall be held to be additional requirements to the right to maintain any such action. Nothing herein contained shall be held to modify any existing rule of law relative to the question of contributory negligence or to impose upon the Village its officers and employees any greater duty or obligation than is otherwise presently imposed on the Village with respect to the maintenance of any highway, street, crosswalk, bridge, culvert, street marking, sign or device or any other property owned, operated or maintained by the Village.