Local Law Intro 8 of 2026 Prior Notice of Defects
local law
2 pages
Agenda item: Public Hearings — Public Hearing on Local Law Introductory No. 8 of 2026 to amend Chapter 197, Streets and Sidewalks, of the Village Code to update the provisions related to the prior notice of defects.
Local law, 2 pages. Attached to agenda item: “Public Hearings — Public Hearing on Local Law Introductory No. 8 of 2026 to amend Chapter 197, Streets and Sidewalks, of the Village Code to update the provisions related to the prior notice of defects.”
Local Law Introductory No. 8 of 2026 would amend Section 197-28 of the Village Code, which bars civil actions against the Village over defective or snow- and ice-covered streets, sidewalks, bridges and crosswalks unless written notice of the condition was given to the Village Clerk. The draft requires notices to be hand-delivered or sent by certified or overnight delivery with proof of delivery. It declares that notices submitted by email, the Village website, service-request applications, social media comments or any other electronic means do not satisfy the requirement; only paper notice to the Village Clerk would count.
AI summary — generated from the document text; check the original before relying on details
Extracted text
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.
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.
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