[HISTORY: Adopted by the Board of Trustees of the Village
of Liverpool 9-15-2003 by L.L. No. 2-2003 (Ch. 98 of the 1987
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 327.
A.
No civil actions shall be maintained against the Village or Village
Superintendent of Public Works, nor other employees or offices thereof
acting in such capacity, for damages or injuries to person or property
sustained by reason of any highway, bridge, street, sidewalk, crosswalk,
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, street, sidewalk, crosswalk, or
culvert was actually given to the Village Clerk or Village Superintendent
of Public Works and there was a failure or neglect within a reasonable
amount of time after the giving of such notice to repair or remove
the defect, danger, or obstruction complained of.
B.
No such action shall be maintained for damages or injuries to person
or property sustained solely in consequence of the existence of snow
or ice upon any highway, bridge, street, sidewalk, crosswalk, or culvert,
unless written notice thereof, specifying the particular place, was
actually given to the Village Clerk or Village Superintendent of Public
Works and there was 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.
The written notice hereunder shall contain at least the following
information:
A.
Name and mailing address of the person giving notice.
B.
A precise statement as to the nature and extent of any defective,
unsafe, dangerous, or obstructed condition or the existence of snow
or ice upon any highway, bridge, street, sidewalk, crosswalk, or culvert
in the Village of Liverpool.
C.
The approximate date that such condition first became known to the
person giving notice.
D.
The exact location of such condition, giving wherever possible reference
to a street address or addresses, utility pole numbers or such other
geographic reference as will aid the Village in properly locating
such condition.
The Village Superintendent of Public Works shall transmit in
writing to the Village Clerk within five days after the receipt thereof
all written notices received pursuant to this chapter and § 6-628
of the Village Law. The Village Clerk shall cause all written notices
received pursuant to this chapter and § 6-628 of the Village
Law to be presented to the Village Board of Trustees within five days
of the receipt thereof or at the next succeeding Village Board of
Trustees meeting, whichever shall be sooner.
The Village Clerk shall keep a separate indexed record of all
notices received, pursuant to Village Law § 4-402, Subdivision
g.
This chapter shall supersede in its application to the Village
of Liverpool, § 6-628 of the Village Law.
