ARTICLE X - MISCELLANEOUS PROVISIONS

Text relating to Ilion Laws has been copied from the pdf provided by the Village and pasted here. This was done to make the text searchable.

ARTICLE X, Miscellaneous Provisions

C-66. Arrests.

Arrests shall be made in accordance with the laws of the State of New York.

C-67. Record evidence.

Written or printed copies of any or all of the local laws, ordinances, rules, regulations, bylaws and resolutions passed or adopted by the Board of Trustees and all other minutes and proceedings of said Board, together with any paper on file in the office of the Clerk of said village, may be read in evidence in any court of this state, under the Seal of said village, with the same force and effect as if the originals were produced.

C-68. Claims for damages; notice of defects.

A. No civil actions shall be maintained against the Village or any Village official for damages or injuries to person or property sustained by reason of any highway, bridge, street, sidewalk, grating, crosswalk or culvert being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, unsafe, dangerous, or obstructed condition of such highway, bridge, street, sidewalk, grating, crosswalk or culvert or other public property or place was actually given to the Village Clerk, Village Administrator, or Village Superintendent of Public Works at least 24 hours before the happening of the casualty from which damages or injury may have resulted and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of.

B. No such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of accumulation of snow or ice upon any highway, bridge, street, sidewalk, crosswalk or culvert, or other public place, unless written notice thereof, specifying the particular place, was actually given to the Village Clerk at least 24 hours before the happening of the casualty from which damage or injury may have resulted and there was failure or neglect to cause such snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice. In the absence of the Village Clerk, the written notice shall be given to the Village Administrator or the Village Superintendent of Public Works.

C. All claims against the Village for damages or injury alleged to have arisen from a defective or unsafe condition as aforesaid shall, without delay and within 3 months after the happening of such damage or injury, be presented by or on behalf of such claimant to the Mayor, in writing, signed by claimant or his agent or representative and duly verified by one of such parties having knowledge of the facts, describing the time when and the location of the place where such injury occurred and the cause and extent of the damage or injury. The omission to present such claim as aforesaid within three months shall be a bar to any action or proceeding against the Village. No action for such damage or injury shall be maintained unless begun within one (1) year from the happening of the same. Every process commencing an action against the Village shall be served on the Mayor or Acting Mayor of the Village and not otherwise.

D. Revival of claim not to be construed. Nothing herein contained, however, shall be held to revive any claim or cause of action now barred by any existing requirement or statute of limitations nor to waive any existing limitations now applicable to any claim or cause of action against the Village of Ilion.

E. Liability of others unchanged. Nothing herein contained shall in any way change, alter or modify the liability of any person, firm or corporation by reason of his causing or permitting any such effect or any obstruction or nuisance.

C-69. Return of assessments unpaid.

The return of any tax or assessment by the Collector to the Village Clerk as unpaid and of his inability to collect the same out of personal property or a copy of the same certified by said Clerk, with the Corporate Seal attached, shall be presumptive evidence of the truth of the statements in such return, in all courts and places and in all actions and proceedings.

C-70. Evidence of posting, publishing and serving.

The affidavit of the party publishing, posting or serving any notice required to be posted, published or served by the provisions of this act or by any regulation, bylaw, ordinance or local law made in pursuance thereof, of such posting, serving or publishing, shall be deemed presumptive evidence thereof in all courts and places and in all actions and proceedings.

C-71. Officers not to be interested.

A. No number of the Board of Trustees or other officer having power or authority to contract, either individually or as a member of any board or body, shall be interested in any contract to which the village shall be a party. Any violation of this provision shall be a misdemeanor and punishable as such.

B. Prior membership to a board, body or commission of the village shall not preclude a former member from being appointed or named to a paid position with such board, body or commission, provided that such person is not a member at the time named or appointed and provided further that at least sixty (60) days have expired from the date of termination of such person's membership on such board, body or commission.

C-72. Limit of one office.

No person shall hold at the same time more than one (1) of the offices created by this act unless otherwise provided herein.