Board schedules public hearing on prior‑written‑notice local law tightening defect notice requirements

Staff presented a proposed local law to tighten prior written notice procedures for claims about defects on village property, citing the need to ensure the village receives and timestamps such notices.

Using an example of a ditch in Harbour Island Park, staff said the draft would require physical filing with the village clerk — hand delivery or regular/certified mail — rather than relying on email. "This very clear explicit requirement will require people to actually file it with the village clerk," the presenter said, arguing that stamped, physical submissions help the village track remediation and provide a defense against liability if the village acts within a reasonable time.

Trustees raised concerns that strict filing rules could be unfair when a property owner or clerk is unavailable and noted that courts in some cases have treated email as prior written notice. Staff replied that the village’s current records (stamped and stored) can show when a notice arrived and that the intent of the change is to ensure consistent administrative handling and to reduce missed notices.

The board agreed to schedule a public hearing for the proposed local law on June 8 (to be placed on the consent agenda for scheduling) and asked staff to share proposed language with the traffic commission and other stakeholders prior to the hearing.

Next steps: staff to post proposed language, solicit traffic commission review where relevant, and present the item at the scheduled public hearing.