Village of Brockport, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Brockport 8-18-2008 by L.L. No. 5-2008[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Limited-traffic streets — See Ch. 38.
Streets and sidewalks — See Ch. 45.
Vehicles and traffic — See Ch. 54.
[1]
Editor's Note: This local law superseded former Ch. 39, Notification of Defects, adopted 5-5-1986 by L.L. No. 2-1986.

§ 39-1 Notification of unsafe conditions or snow and/or ice.

A. 
Liability of Village or commission or agency thereof in certain actions. No civil action shall be brought or maintained against the Village of Brockport or against a commission or agency thereof for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, highway marking, sign or device or other property owned, operated or maintained by the Village or by a commission or agency thereof being defective, out of repair, unsafe, dangerous or obstructed or for damages or injuries to person or property sustained solely in consequence of the existence or accumulation of snow or ice and materials upon any street, highway, bridge, culvert, sidewalk, crosswalk, highway marking, sign or device or other property owned, operated or maintained by the Village or by a commission or agency thereof unless written notice of the existence of such condition, relating to the particular place, had theretofore actually been given to the Clerk of the Village of Brockport and there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remove the defect, danger or obstruction complained of or to cause the snow or ice and materials to be removed or the place otherwise made reasonably safe. No civil action shall be brought or maintained against the Village of Brockport or the Superintendent of Public Works of the Village of Brockport, or any officers, agents or employees of the Village of Brockport, for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, highway marking, sign or device or other property owned, operated or maintained by the Village or by a commission or agency thereof being defective, out of repair, unsafe, dangerous or obstructed or for damages or injuries to person or property sustained solely in consequence of the existence or accumulation of snow or ice and materials upon any street, highway, bridge, culvert, sidewalk, crosswalk, highway marking, sign or device or other property owned, operated or maintained by the Village or by a commission or agency thereof unless written notice of the existence of such condition, relating to the particular place, had theretofore actually been given to the Clerk of the Village of Brockport and there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remove the defect, danger or obstruction complained of or to cause the snow or ice and materials to be removed or the place otherwise made reasonably safe.

§ 39-2 Effect on claims and causes of action.

Nothing herein contained, however, shall be held to revive any claim or cause of action now barred by any existing requirements or statute of limitations or to waive any existing limitation now applicable to any claim or cause of action against the Village of Brockport.

§ 39-3 Notification of defective or unsafe conditions.

No civil action shall be brought or maintained against the Village of Brockport or the Superintendent of Public Works of the Village of Brockport, or any officers, agents or employees of the Village of Brockport, for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, highway marking, sign or device or other property owned, operated or maintained by the Village or by a commission or agency thereof being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge or culvert or any other property owned or maintained by the Village Brockport was actually given to the Village Clerk of the Village of Brockport or Superintendent of Public Works of the Village of Brockport and that 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; and no such action shall be brought or maintained for damages or injuries to persons or property sustained solely in consequence of the existence of snow or ice and materials upon any street, highway, bridge, culvert, sidewalk, crosswalk, highway marking, sign or device or other property owned, operated or maintained by the Village or by a commission or agency thereof unless written notice thereof, in a form acceptable by the Village Clerk of the Village of Brockport, specifying the particular place and defect, was actually given to either the Village Clerk or Superintendent of Public Works of the Village of Brockport 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.

§ 39-4 Records.

The Village Clerk of the Village of Brockport shall maintain an indexed record of all written notices which said Village Clerk shall receive pursuant to this chapter of the existence of a defective, unsafe, dangerous or obstructed condition in or upon or of an accumulation of ice or snow upon any highway, bridge, culvert or sidewalk within the Village of Brockport. Said 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 from whom the notice is received and date referred to the Superintendent of Public Works. The record of each notice shall be preserved for a period of five years after the date it is received.

§ 39-5 Transmission of notices.

The Superintendent of Public Works of the Village of Brockport shall transmit, in writing, to the Village Clerk of the Village of Brockport, within 10 days after receipt thereof, all written notices and the action taken to correct the defect, danger or obstruction complained of.

§ 39-6 Effect on other provisions.

Nothing contained in this chapter shall be held to repeal or modify or waive any existing requirement or statute of limitations which is applicable to these classes of action, but they shall be held to be additional requirements to the right to maintain such action, nor shall anything herein contained be held to modify any existing rule or law relative to the question of contributory negligence nor to impose upon the Village of Brockport any greater duty or obligation than to keep its streets, sidewalks and public places in a reasonably safe condition for public use and travel.

§ 39-7 Substitute notice.

There shall be no substitute for written notice as set forth in this chapter. Constructive notice is hereby expressly declared to be insufficient notice.