[HISTORY: Adopted by the Board of Trustees of the Village of Waverly 8-23-1988 as L.L. No. 2-1988. Amendments noted where applicable.]
No action or special proceeding shall be prosecuted or maintained against the Village of Waverly, Village Superintendent of Streets, other officers, agents, employees or appointees of the Village of Waverly 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 Waverly or the Village Superintendent of Streets, other officers, agents, employees or appointees of the Village of Waverly 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 and other structures, equipment, disposal sites, streams or bodies of water, drains, parks, playgrounds, recreation areas, tennis courts, swimming pools, wading pools, pavilions, water lines, sewer lines and utilities, either aboveground or underground, unless written notice thereof was actually given to the Village Clerk of the Village of Waverly or the Superintendent of Streets of the Village of Waverly 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 Village of Waverly Superintendent of Streets, other officers, agents, employees or appointees of the Village of Waverly shall transmit, in writing, to the Village Clerk of the Village of Waverly, within 10 days after the receipt thereof, 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 § 4-402g of the Village Law of the State of New York, and amended from time to time or other statutes amendatory thereto.
Nothing herein shall be construed as enlarging in any way the liability of the Village of Waverly, Village Superintendent of Streets, other officers, agents, employees or appointees of the Village of Waverly.
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 exist or may be hereafter amended.