[Adopted 9-25-1990 by L.L. No. 5-1990]
A. 
No action or special proceeding shall be prosecuted or maintained against the Village of Medina or officers, agents, employees or appointees of the Village of Medina 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 Medina or officers, agents, employees or appointees of the Village of Medina 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, waterlines, sewer lines and utilities, either aboveground or underground, unless written notice thereof was actually given to the Village Clerk of the Village of Medina 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.
B. 
No civil action shall be maintained against the Village of Medina, New York, for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being out of repair, unsafe, dangerous or obstructed or in consequence of the existence of snow or ice thereon, unless it appears that written notice of the defective, unsafe, dangerous or obstructed condition or of the existence of the snow or ice was actually given to the Village of Medina, New York, through its specified officer, and 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 or to cause the snow or ice to be removed or the place made otherwise reasonably safe.
[1]
Editor's Note: See also Ch. 18, Defense and Indemnification.
Such written notice shall contain the name and address of the person giving such notice, the date of existence and the condition complained of.
All officers, agents, employees or appointees of the Village of Medina shall transmit, in writing, to the Village Clerk of the Village of Medina, within 10 days after the receipt thereof, all written notices received by said officer, agent, employee or appointee pursuant to this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 Medina or officers, agents, employees or appointees of the Village of Medina.
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.