[1]
Editor's Note: Designated as Ord. No. 34.
No civil action shall be maintained against
the Village for damages or injuries to person or property sustained
in consequence of any street, highway, bridge, culvert, sidewalk,
intersection or crosswalk being defective, out of repair, unsafe,
dangerous or obstructed by overgrown vegetation or otherwise, or for
damages or injuries to person or property sustained solely in consequence
of the existence of snow or ice upon any sidewalk, intersection, crosswalk,
street, highway, bridge or culvert unless written notice of the defective,
unsafe, dangerous or obstructed condition or of the existence of the
snow or ice, relating to the particular place, was actually given
to the Village Clerk 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 to
be removed, or the place otherwise made reasonably safe.
The Clerk of the Village of Lake George shall
keep an index record, in a separate book, of all written notices which
she shall receive, pursuant to this article, which 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 of the person
from whom the notice is received. The record of each notice shall
be preserved for a period of five years after the date received.
No other action or proceeding to recover or
enforce any claim, debt or demand against the Village shall be brought
until the expiration of 60 days after the claim, debt or demand shall
have been presented to the Village Board for audit. All action brought
against the Village upon contractual liability, express or implied,
must be commenced within one year from the time that the cause of
action accrued; or, if for injuries to the person or property caused
by negligence, within the time frame allowed by New York State statute,
and in all other cases, within six months after the refusal of the
Village Board to allow the claim.
The provisions of this article shall be in addition
to and not in lieu of nor construed to be in conflict with any of
the provisions of the New York State Village Law, as amended.
The headings of each section herein are for
convenience and are not intended to be substantively binding, nor
shall they be considered in the interpretation of this article or
any of its provisions.
