No cause of action shall accrue against or shall be maintained against
the Village of Maybrook, Orange County, New York, its officers, agents or
employees for damages or injuries to a person or property sustained in consequence
of any defective or out of repair Village property or property under the direct
or indirect control of the Village unless a written notice of defect was first
filed with the Village Clerk and there was a failure or neglect by the Village
within a reasonable time after the receipt of such written notice to repair
or remove the defect, danger or obstruction. The filing of a notice of defect
shall be a condition precedent to the filing or maintaining of an action or
special proceeding against the Village, its officers, agents or employees
for such damage or injury to person or property.
Village property or property under direct or indirect control of the
Village shall include but not be limited to any park, recreational facility,
library, sewage treatment plant, water department property, garage, Village
hall and other Village building, property, street, highway, bridge, culvert,
sidewalk, crosswalk or parts or appurtenances thereof. Defects or unsafe or
dangerous conditions referred to in this chapter include, without limitation,
the lack or absence of, failure to provide or failure to maintain signs, safety
devices, traffic control devices or snow and ice control.
The Village Clerk shall keep an indexed record of all notices of defect,
which record shall indicate the time and date of receipt of the notices. After
receipt, the Clerk shall forward copies of these notices to the Mayor and
Board of Trustees prior to the next regularly scheduled Board meeting. Notices
of defect shall be kept on record for at least five years.