|
Record of Resolutions
Resolution No.: 2004-09
Passed: Jun. 14, 2004
AN ORDINANCE FOR NOTIFICATION OF DEFECT ORDINANCE
NOW THEREFORE BE IT ORDAINED by the Council of the Village of
West Lafayette, State of Ohio as follows:
SECTION I. No civil action shall be maintained against
the Village of West Lafayette, Ohio, or the Public Administrator for damages
or injury to person or property sustained by reason of any highway, bridge,
culvert, sidewalk, building or other village property being defective, out
of repair, unsafe, dangerous or obstructed unless written notice of such
detective, unsafe, dangerous or obstructed condition of such highway,
bridge, or culvert was actually given to the Village Fiscal Officer or
Village Public Administrator and there was a failure or neglect within a
reasonable time after giving such notice to repair or remove the defect,
danger or obstruction complained of; that no civil action shall be
maintained from damages or injury to person or property sustained solely in
consequence of the existence of snow or ice upon any highway, bridge,
culvert or sidewalk unless written notice thereof specifying the particular
place was actually given to the Village Fiscal Officer or Village Public
Administrator and there was a failure or neglect to cause snow or ice to be
removed or to make the place otherwise reasonably safe with a reasonable
time after the receipt of such notice.
SECTIOIN II. The Public Administrator shall transmit
and arrange with the Fiscal Officer within five days after receipt of all
written notices received by him pursuant to this ordinance. The Village
Fiscal Officer shall cause all written notices received by her pursuant to
this ordinance to be presented to the Council within five days of the
receipt therefore or at the next succeeding Council meeting, whichever shall
be sooner.
SECTION III. This ordinance is hereby declared to be
an emergency measure necessary for the immediate preservation of the public
peace, welfare and safety of the citizens of West Lafayette, Ohio, the
emergency being the for reason that said ordinance has been received by the
village’s insurance company for the protection of the public and Village.
For these reasons the public safety and welfare would be jeopardized without
emergency passages and this ordinance shall therefore take effect and be in
force immediately upon passage by the Village Council.
PASSED IN COUNCIL THIS 14TH DAY OF
JUNE 2004
___________________________
Jack L. Patterson, Mayor
Attest:
_______________________
Dru A. Prater, Fiscal Officer
|
