[HISTORY: Adopted by the Board of Trustees of the Village
of Hancock 8-11-2003 by L.L. No. 3-2003. Amendments noted where applicable.]
No civil action shall be maintained against the Village of Hancock
(hereinafter referred to as "the Village") or the Superintendent of
Public Works of the Village, or against any improvement district in
the Village for damages or injuries to a person or property sustained
by reason of any street, highway, bridge, culvert, highway marking,
sidewalk, crosswalk, sign or device, or any other property owned,
operated or maintained by any improvement district therein, being
defective, out of repair, unsafe, dangerous or obstructed unless written
notice of such defective, unsafe, dangerous or obstructed condition
of such highway, bridge, culvert, highway marking sign or device,
or any other property owned, operated or maintained by the Village,
or any property owned, operated or maintained by any improvement district,
was actually given to the Village Clerk or the Village Superintendent
of Public Works 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,
culvert or any other property owned by the Village or any property
owned by any improvement district in the Village unless written notice
thereof specifying the particular place was actually given to the
Village Clerk or the Superintendent of Public Works 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.[1]
The Village or Superintendent of Public Works shall transmit,
in writing, to the Village Clerk within five days after receipt thereof,
all written notices received by him/her pursuant to this chapter,
and he/she shall take any and all corrective action with respect thereto
as soon as practicable.
The Village Clerk 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 any accumulation of ice and show upon any Village
highway, bridge, culvert or a sidewalk, or any other property owned
by the Village, or by any improvement district, 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 Superintendent of Public Works of
the receipt of such notice.
A.
Nothing contained in this chapter 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 questions of contributor 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.
B.
If any clause, sentence, phrase, paragraph or any part of this chapter
shall for any reason be adjudged finally be a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder of this chapter but shall be confined in its operation
and effect to the clause, sentence, phrase, paragraph or part thereof
directly involved in the controversy or action in which such judgment
shall have been rendered. It is hereby declared to be the legislative
intent that the remainder of this section would have been adopted
had any such provisions not been included.
