[Adopted 7-6-1982 by L.L.
No. 4-1982]
[Amended 6-21-1999 by L.L. No. 5-1999]
No civil action shall
be maintained against the Village of Monticello (hereinafter referred
to as the "Village") for damages or injuries to person or property
(including those arising from the operation of snowmobiles) sustained
by reason of any highway, bridge or culvert 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 was actually given to the Village Clerk
of the Village 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 maintained
for damages or injuries to persons or property sustained solely in
consequence of the existence of snow or ice upon any highway, bridge
or culvert, unless written notice thereof specifying the particular
place was actually given to the Village Clerk of the Village 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.
No civil action will be maintained against the Village for damages
or injuries to person or property sustained by reason of any defect
in the sidewalks of the Village or in consequence of the existence
of snow or ice upon any of its sidewalks, unless such sidewalks have
been constructed or are maintained by the Village pursuant to statute,
nor shall any action be maintained for damages or injuries to person
or property sustained by reason of such defect or in consequence of
such existence of snow or ice, unless written notice thereof, specifying
the particular place, was actually given to the Village Clerk of the
Village and there was a failure or neglect to cause such defect to
be remedied or 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.
[Amended 6-21-1999 by L.L. No. 5-1999; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Unless otherwise provided by Village Law § 4-402,
the Village Clerk of the Village shall keep an index record, in a
separate book, of all written notices which the Village Clerk shall
receive of the existence of a defective, unsafe, dangerous or obstructed
condition in or upon, or of an accumulation of ice and snow upon,
any Village highway, bridge, culvert or a sidewalk, which record shall
state the date of the 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 such notice shall
be preserved for a period of five years from the date it is received.
The Village Clerk, upon receipt of such written notice, shall immediately
and in writing notify the Village Manager of the Village of receipt
of such notice.
Nothing contained in this article shall be held to repeal or
modify or waive any existing requirement or statute of limitations
which is applicable to these causes of action but, on the contrary,
shall be held to be additional requirements to the rights to maintain
such action, nor shall anything herein contained be held to modify
any existing rule of law relative to the question of comparative or
contributory negligence nor to impose upon the Village, its officers
and employees and/or any of its improvement districts any greater
duty or obligations than that it shall keep its streets, sidewalks
and public places in a reasonably safe condition for public use and
travel.
