[HISTORY: Adopted by the Board of Trustees
of the Village of Brewster 2-16-1983 by L.L. No. 1-1983 (Ch. 117 of the 1992
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 218.
No civil action shall be brought or maintained
against the Village of Brewster for damages or injuries to person
or property sustained in consequence of any street, highway, bridge,
culvert, sidewalk or crosswalk being defective, out of repair, unsafe,
dangerous or obstructed or in consequence of the existence or accumulation
of snow or ice upon any street, highway, bridge, culvert, sidewalk
or crosswalk, unless written notice of the existence of such condition
relating to the particular place had therefor actually been given
to the Village Clerk of the Village of Brewster and there had been
a failure or neglect on the part of said Village to cause such condition
to be corrected or such snow or ice to be removed or the place otherwise
to be made reasonably safe within a reasonable time after the receipt
of such notice.
The Village shall keep an indexed record, in
a separate book, of all written notices which it shall receive of
the existence of such defective, unsafe, dangerous or obstructed condition
or of such snow or ice, which record shall state the date of receipt
of the notice, the nature and location of the condition stated to
exist and the name and address of the person from whom the notice
is received. The Village Clerk of the Village of Brewster shall record
and keep the indexed record of all such written notices in a separate
book.
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 or to waive any existing limitation
now applicable to any claim or cause of action against the Village
of Brewster.
