No civil action shall be maintained against
the Village or the Village Superintendent of Highways or any other
officer, agent, employee or appointee of the Village of Delhi for
damages or injuries to person or property sustained by reason of any
property owned, operated, maintained or controlled by the Village
of Delhi being defective, out of repair, unsafe, dangerous or obstructed
unless written notice of such defective, unsafe, dangerous or obstructed
condition of such property was actually given to the Village Clerk
and there was failure or neglect within a reasonable time after the
giving of such notice to repair or remove the defect, danger or obstruction
complained of.
No action shall be maintained for damages or
injuries to person or properties sustained in consequence of the existence
of snow or ice upon any property owned, operated, maintained or controlled
by the Village of Delhi unless written notice thereof, specifying
the particular place, was actually given to the Village Clerk 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.
The property referred to in §§
197-1 and
197-2 shall include all property owned, operated, maintained, controlled or leased by the Village of Delhi, its officers, appointees, employees or agents of whatever nature, both real and personal, wherever situated, whether over or under the ground, and shall include but shall not be limited to streets, roadways, highways, walkways, footpaths, bike paths, sidewalks, bridges, culverts, sluices, traffic control signs or devices, poles, standards, gravel pits, driveways, parking lots, buildings or other structures, equipment, vehicles, landfills, wastewater treatment facilities, pump stations, fire hydrants, streams or bodies of water, parks, playgrounds, pavilions, recreation areas, skating rinks, swimming or wading pools, water lines, sewer lines or other utilities and boating facilities. The examples enumerated are illustrative and not exclusive.
The written notice required by this chapter
shall contain the full name and address of the person giving such
notice, the specific location of the condition complained of and the
nature of the condition complained of.
The Village Clerk shall keep an indexed record,
in a separate book, of all written notices of any such condition of
Village property, which record shall be indexed according to the location
of the alleged condition and shall show the date of receipt of each
notice, the nature and location of the condition complained of and
the name and address of the person from whom notice was received.
The record of each notice shall be preserved for a period of five
years.