Dobbs Ferry trustees move code change to require written notices be filed with village clerk; public hearing set for March 10

Dobbs Ferry — Trustees at the Feb. 24 workshop introduced a draft amendment to local law that would clarify how prior written notice of dangerous conditions (streets, sidewalks and other public areas) must be delivered and recorded, proposing that such notices be sent to and logged by the village clerk.

Why it matters: Under New York law and recent advisory guidance, notices that are not routed to the clerk’s office can be lost in portals or individual correspondence and later create liability exposure for the village. The proposed change is intended to close that loophole by directing written notices into an official repository the clerk maintains.

Legal basis and rationale: A legal adviser referenced New York state statutes and an advisory prompted by a recent case involving the City of Albany and recommended explicit local-language specifying that prior written notice be registered with the clerk’s office and recorded. The adviser told the board that failing to ensure notices are captured could create conditions for litigation and that the local law should describe acceptable submission methods (for example, a designated email or portal) while also allowing flexibility for future technology.

Operational questions and clerk’s role: Village Clerk Liz said the clerk’s office would receive notices and record them in a system (for example, an Excel log or case-management software), and that recording the notice does not put the clerk in charge of remediation. She said, "my job will then be to basically record them on whatever, an Excel spreadsheet, whatever we're using software or whatever." Trustees discussed including deputy clerks in access, routing emails and how an administrator’s office could use the log as a project-management tool to track repairs.

Next steps and public hearing: Trustees agreed to schedule a public hearing on the draft local law for the March 10 meeting and to review the language with the village’s liability carrier before finalizing the notice method and any implementation details.

Clarifying details: The board cited Village Law 6,628 (as referenced in the meeting) and a NIPCOM advisory recommending that villages adopt clear local code language to avoid ambiguity about what qualifies as prior written notice. The draft includes two highlighted provisions to clarify routes and recordkeeping; trustees agreed the exact implementation (designated clerk email, portal forwarding, or logging procedures) can be worked out administratively but should be clearly described in the local law or related procedures.

What’s next: A public hearing will be held March 10; trustees asked staff to consult with insurance counsel and to prepare implementation options for the clerk’s office to ensure notices are captured and tracked.