[Amended 11-7-2017]
All claims for injury to the person or property alleged to have
been caused or sustained by reason of any defects in, want of repair
or obstruction of any of the highways, streets, alleys, sidewalks
or crosswalks or public places of the City, shall be presented in
accordance with the General Municipal Law. The Clerk/Treasurer shall
periodically inform City Council on the status of claims against the
City, at least quarterly. Nothing contained in this section shall
be held to repeal or modify existing requirements or statute of limitations
which is applicable to this class of actions, but on the contrary
shall be held to be an additional requirement for the right to maintain
such action; nor shall anything herein contained be held to modify
any existing rule of law relative to the question of contributory
negligence, nor to impose upon the City any greater duty or obligation
than that it shall keep its streets and public places in a reasonably
safe condition for public use and travel. A majority of the City Council
shall have the power to pay, compromise or settle any such claim which
may be made against the City for damages, provided such claim is presented
within the time and in the manner hereinbefore prescribed and the
sum or sums so expended shall be included in available appropriations.
(a)
The City of Canandaigua shall not be liable, and no
action shall be maintained against it for damages for injuries to
person or property sustained by reason of any street, sidewalk, roadway,
highway, bridge, culvert, drain, sewer, crosswalk, public park, trees,
or public place being out of repair, unsafe, dangerous, defective
or obstructed, unless it appear that written notice of such defective,
unsafe, dangerous or obstructed condition, specifying the particular
location thereof, has been served upon the Manager, Clerk/Treasurer,
or Corporation Counsel of the City unless there was a failure or neglect
by the City to repair or remove the defect, danger or obstruction
complained of, within a reasonable time after the service of such
notice.
(b)
The City of Canandaigua shall not be liable, and no
action shall be maintained against it, for damages for injuries to
person or property sustained in consequence of the existence of snow
or ice, or both, upon any sidewalk, crosswalk, street, highway, roadway,
bridge, culvert, public park or public place unless written notice
thereof, specifying the particular place and location of the snow
or ice, or both, complained of, has been served upon the Manager,
Clerk/Treasurer or Corporation Counsel of the City and there was a
failure or neglect by the City to cause such snow or ice, or both,
to be removed, or the place to be otherwise made reasonably safe,
within a reasonable time after the service of such notices.
Civil actions to recover any penalties or forfeiture
incurred under the Charter may be brought in any court having jurisdiction
thereof. Such action shall be brought in the corporate name of the
City, and in any action in the City Court it shall be lawful to complain
generally for the amount of such penalty or forfeiture stating the
section of the Charter or of the Local Law or Ordinance under which
the penalty is claimed, and to give the special matter in evidence,
and the defendant may answer by simply denying the truth of the complaint
and give the special matter in evidence. If such action be brought
in the City Court against an alleged owner of real property, the fact
that title to real property comes in question on the pleadings or
appears on the trial shall not deprive the court of jurisdiction but
may be litigated and determined by the judge as the right of the case
may appear; but such judgment shall not be evidence concerning the
title of real property in any other action or proceeding. The first
process, in any such action brought in the City Court, shall be by
summons, which may be made returnable forthwith, and an execution
may be issued immediately on the rendition of judgment. All penalties
and forfeitures shall upon collection be paid to the Clerk/Treasurer.
When any judgment shall be rendered in the City Court in favor of
or against the City of Canandaigua, in any action brought for the
recovery of any penalty, or for forfeiture or any other action in
which the City of Canandaigua shall be a party, the City Judge shall,
within 10 days thereafter, file with the Clerk/Treasurer, a transcript
of such judgment for which the City Judge shall be entitled to charge
a fee to be determined by the Clerk/Treasurer, and include the same
in the costs of said judgment. Whenever a judgment in favor of the
City shall be recovered for $25 or upwards, exclusive of costs, a
transcript thereof may be filed in the office of the Clerk of Ontario
County, and thereupon the same shall become a lien upon the property
of the defendant in such judgment to the same extent and may be collected
and enforced in the same manner, as other judgments in the County
Court.
