[HISTORY: Adopted by the Board of Trustees of the Village
of Interlaken at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
No action or special proceeding shall be prosecuted or maintained
against the Village of Interlaken, the Superintendent of Public Works,
other officer, agent, employee or appointee of the Village of Interlaken
for personal injury, wrongful death or damage to real or personal
property alleged to have been sustained by reason of the negligence
or wrongful act of such Village of Interlaken or the Superintendent
of Public Works, other officer, agent or employer or appointee of
the Village of Interlaken 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 or 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 aboveground or underground,
unless written notice thereof was actually given to the Village of
Interlaken Clerk or Superintendent of Public Works 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.
Such written notice shall contain the name and address of the
person giving such notice, date of existence and condition complained
of.
The Superintendent of Public Works, other officer, agent, employee
or appointee of the Village of Interlaken Clerk shall transmit, in
writing, to the Village of Interlaken within 10 days after the receipt
thereof of all written notices received by said Village Clerk pursuant
thereto.
Recordkeeping requirements pertaining to such notices, including
preservation of the notices, shall be as set forth in the applicable
Village Law of the State of New York.
Nothing herein shall be construed as enlarging in any way the
liability of the Village of Interlaken, Superintendent of Public Works,
other officer, agent, employee or appointee of the Village of Interlaken.
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 exists or may be hereafter amended.
