[HISTORY: Adopted by the Board of Trustees of the Village
of Walton 4-6-2009 by L.L. No.
2-2009 (Ch. 15 of the 1973 Code). Amendments noted
where applicable.]
It is the intention of the Village to require written notice
of certain defects within the Village prior to the commencement of
an action against the Village.
A.
Dangerous or defective conditions. No civil action shall be maintained
against the Village for damages or injury to person or property sustained
in consequence of any street, highway, bridge, culvert, sidewalk,
crosswalk or public building being defective, out of repair, unsafe,
dangerous or obstructive unless it appears that written notice of
the defective, dangerous, unsafe or obstructive condition of such
street, highway, bridge, culvert, sidewalk, crosswalk or public building
was actually given to the Village Clerk, and there was a failure or
neglect within a reasonable time after the giving of such notice to
remedy, repair or remove the defect, danger or obstruction complained
of.
B.
Snow or ice. No civil action shall be maintained against the Village
for damages or injury to person or property sustained in consequence
of the existence of snow or ice upon any sidewalk, crosswalk or street,
unless written notice thereof relating to the particular complaint
was actually given to the Mayor or the Board of Trustees, and there
was a failure or neglect to cause such snow or ice to be removed,
or the place otherwise made reasonably safe, within a reasonable time
after the receipt of such notice.
All claims against the Village for damages or injuries to persons
or property, invasion of personal or property rights of every name
and nature whatsoever shall be governed by the provisions of Article
4 of the General Municipal Law. The place of trial of all actions
or proceedings against the Village or its boards or officers shall
be in the County of Delaware.
The Board of Trustees shall have the power to pay, compromise
or settle any such claim which may be made against the Village 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 the amount to be raised by tax for general purposes
as herein provided.
