Village of Cuba, NY
Allegany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Cuba Village 7-12-1999 by L.L. No. 3-1999. Amendments noted where applicable.]

§ 5-1 Requirement of written notification.

No civil action shall be maintained against the Village of Cuba Village or the Village Superintendent of Public Works for damages or injuries to person or property sustained by reason of any street, sidewalk, 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, unsafe, dangerous or obstructed condition of such street, sidewalk, 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 or Village Superintendent of Public Works 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; but 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 street, sidewalk, bridge or culvert, unless written notice thereof, specifying the particular place, was actually given to the Village Clerk or Village Superintendent of Public Works and there was a 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.

§ 5-2 Duties of Village Clerk and Village Superintendent of Public Works.

The Village Superintendent of Public Works shall transmit in writing to the Village Clerk within 10 days after the receipt thereof all written notices received by him or her pursuant to this chapter and Village Law § 6-628. The Village Clerk shall cause all written notices received by her or him pursuant to this chapter and Village Law § 6-628, to be presented to the Village Board within five days of the receipt thereof or at the next succeeding Village Board meeting, whichever shall be sooner.

§ 5-3 Supersession of statute.

This chapter shall supersede in its application to the Village of Cuba Village Village Law § 6-628.