[HISTORY: Adopted by the Board of Trustees of the Village of East Aurora 3-14-2006 by L.L. No. 1-2006. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 223.
No action or special proceeding shall be prosecuted or maintained against the Village of East Aurora or any officers, agents, employees or appointees of the Village of East Aurora for personal injury, wrongful death or damage to real or personal property alleged to have been sustained by reason of negligence or wrongful act of such Village of East Aurora or any officer, agent, employee or appointee of the Village of East Aurora 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 above ground or underground, unless written notice thereof was actually given to the Village of East Aurora Clerk 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.
Recordkeeping requirements pertaining to such notices, including preservation of the notices, shall be as set forth in § 4-402 of the Village Law of the State of New York, as amended from time to time, or other statutes amendatory thereto.
The Village Clerk shall keep an indexed record of all notices of defect, which record shall indicate the time and date of receipt of the notices. After receipt, the Clerk shall forward copies of these notices to the Mayor and Board of Trustees prior to the next regularly scheduled Board meeting. Notices of defect shall be kept on record for at least five years.
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.
The notice of defect shall be signed by the complainant and verified.
The notice shall be served on the Village either by delivering a copy thereof personally to the Village Clerk or by certified or registered mail addressed to the Village Clerk.
This chapter shall not create new or additional liability for the Village where there was no specific existing duty on the part of the Village to repair or replace the defective or dangerous condition.
No claim shall be presented nor any action maintained against the Village, its officers, agents or employees for damages or injuries resulting from a defective or dangerous condition for which a notice of defect has been filed where the Board of Trustees has determined the remedy or action appropriate to cure such defective or dangerous condition unless such determination is without rational basis or is grossly negligent or unless the remedy or action specified in such determination has not been implemented within a reasonable time. Nothing in this chapter shall be deemed to preclude the Board of Trustees from making a determination that no remedial or corrective action is either necessary, appropriate or justified for a condition for which a notice of defect has been filed.