Documents › Board Of Trustees, 2026-05-20

resolution 2 pages

Also attached to this agenda item: Resolution 98-2026 LL Intro 8 of 2026 PH

LOCAL LAW INTRODUCTORY NO. 8 OF 2026 A LOCAL LAW TO AMEND CHAPTER 197, STREETS & SIDEWALKS, OF THE CODE OF THE VILLAGE OF CROTON-ON-HUDSON TO UPDATE THE PROVISIONS RELATING TO PRIOR NOTICE OF DEFECTS. Be it enacted by the Board of Trustees of the Village of Croton-on-Hudson as follows: Section One. Section 197-28, Prior written notice required for civil actions, of the Code of the Village of Croton-on-Hudson is amended to read as follows: § 197-28. Prior written notice required for civil actions. A. Prior written notice required. No civil action shall be maintained against the Village of Croton-on-Hudson for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructed or for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk, street, highway, bridge or culvert unless written notice of the defective, unsafe, dangerous or obstructed condition or of the existence of the snow or ice, relating to the particular place, was actually given to the Village Clerk and there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remove the defect, danger or obstruction complained of or to cause the snow or ice to be removed or the place to be otherwise made reasonably safe. B. Proof of delivery required. All notices required hereunder shall be hand-delivered, or mailed by certified delivery or overnight service, to the Village Clerk. Proof of delivery shall be required to proffer any claim. C. Electronic service invalid. Notices of a defect submitted via email, the village’s website, any service, website, or application the Village uses to allow the public to submit reports or service requests to the Village, comments on a social media page maintained by the Village, or any other electronic means does not satisfy the process and procedure for submitting written notices of defect required by this section. Only specific and actual notice given to the Village Clerk in paper form shall constitute notice under this section. D. Severability. If any provision of this section is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not affect any other provision of this section, and this section shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason, declared invalid, in whole or in part, by any court agency, commission, legislative body or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion. Such declaration shall not affect the validity of the remaining portions thereof, which other portions shall continue in full effect. This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.