No civil action shall be maintained against the Village of Penn Yan for damages or injuries to person or property sustained by reason of any property of the Village of Penn Yan other than as provided in Article I of this chapter being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition, specifying the particular place, was actually given to the Clerk of the Village of Penn Yan and there was a failure or neglect within a reasonable time after the giving of such notice to repair the defect, danger or obstruction complained of; but no 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 such property, unless written notice thereof, specifying the particular place, was actually given to the Clerk of the Village of Penn Yan and there was a failure or neglect to cause such snow or ice to be removed or to make the place reasonably safe within a reasonable time after the receipt of such notice; provided, however, that notwithstanding the provisions of any law defining real property owned by tax title or owned for the purposes of reimbursement of assistance granted, as held and used for a public purpose, and notwithstanding any such notice given, the Village of Penn Yan shall not be liable by reason of such property being defective, out of repair, unsafe or dangerous unless the Village is in the actual physical possession, control and operation thereof as owner or deriving a direct income therefrom, and with no greater liability than that imposed upon the individual owner of property.
The Clerk of the Village of Penn Yan shall keep an index record in a separate book of all written notices which said Clerk shall receive pursuant to this Article of this chapter of the existence of a defective, unsafe, dangerous or obstructed condition in or upon or of an accumulation of ice or snow upon any property of the Village other than as provided under Article I of this chapter, which record shall state the date of 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 each notice shall be preserved for a period of five years after the date it is received.
For the purposes of this Article of this chapter, the following terms
shall have the meanings indicated:
Includes but is not limited to the interior and exterior of any building owned, operated or controlled by the Village of Penn Yan; park lands; forest lands; historic sites; recreation areas; scenic sites; overlooks; garages; storage areas; any road, highway, bridge or culvert or any road, highway, bridge or culvert marking, sign or device other than a road, highway, bridge or culvert or a road, highway, bridge or culvert marking, sign or device provided for in Article I of this chapter; sidewalks; ramps; accessways; and other methods of ingress or egress to or from, within or without, such property; provided, however, that "property" shall not include real property owned by tax title or owned for the purposes of reimbursement of assistance granted, as held and used for a public purpose, which said real property is defective, out of repair, unsafe or dangerous, unless the Village is in the actual physical possession, control and operation thereof as owner or deriving a direct income therefrom.
