CHAPTER 9

CLAIMS AGAINST THE VILLAGE

§ 9.1 Title

This Chapter shall be known as the "Village of Mineola Claims Against the Village Law".

§ 9.2 Definitions

As used in this Chapter, the following words and terms shall have the following meanings:

VILLAGE HIGHWAY ‑ A highway, street, road, cul‑de‑sac, drive, or other roadway maintained by the Village, whether or not such highway has been formally dedicated to the Village. This definition shall include bridges, shoulders, curbs, gutters, culverts, signs and other traffic control devices and all other things appurtenant to a highway.

VILLAGE PROPERTY ‑ All Village highways, bridges, culverts, sidewalks, parking areas, playgrounds, parks and all other real property owned, leased, used, occupied or maintained by the Village or over or through which the Village has an easement or right-of-way and all buildings, structures, fixtures, personal property and appurtenances thereto owned, leased, used, occupied or maintained by the Village.

UNSAFE CONDITION ‑ Any defective, hazardous, dangerous or obstructed condition, including such conditions as may have been created by an act or omission of any employee or officer of the Village, and including such conditions as may result from inadequate or improper design, maintenance or repair or from the existence of snow or ice.

§ 9.3 Prior written notice of defects required

A. No civil action shall be brought or maintained against the Village or any employee of the Village for damages or injuries to person or property sustained by reason of any Village property being in an unsafe condition unless, prior to said injuries, written notice of such condition was actually given to the Village Clerk and there was a failure or neglect within a reasonable period of time after the receipt of such notice to repair, remedy or remove the unsafe condition complained of, or to make the Village property reasonably safe.

§ 9.3 MUNICIPAL CODE

B. The notice required in the preceding Subdivision A shall be in writing, shall contain the name, address and signature of the person making the complaint and shall specify the particular place where the unsafe condition is located and the nature of said condition.

C. The Village Clerk shall keep and maintain a record of all written notices received pursuant to this Chapter which record shall state the date of the receipt of the notice, the nature and location of the conditions 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 at least three (3) years after the date it is received.

D. The Village Clerk shall cause all written notices received by the Village Clerk pursuant to this Chapter or pursuant to Village Law § 6‑628 to be presented to the Village Board within five (5) days of the receipt thereof or at the next Village Board meeting, whichever shall be sooner.

§ 9.4 Construction of Chapter; not to increase liability

This Chapter shall not be construed as creating or allowing any cause of action or substantive liability against the Village or any of its officers or employees which would not otherwise exist in the absence of this Chapter.

HISTORICAL NOTE

This Chapter supersedes Local Law #1 of the year 1955. The applicability of the prior written notice requirement has been broadened.

References:

Notice of defects, villages. CPLR 9804; Vil L § 6-628.

Prior written notice is not applicable and is excused where the municipality has created the condition or has committed affirmative acts of negligence. Haviland v Smith, 91 AD2d 764(19). Cf. Shaw v City of Auburn, 91 AD2d 817(1).

Strict construction. Youngblood v Village of Cazanovia, 118 Misc2d 1020, affd 93 AD2d 962.