Service of written notice of any defect, danger, out-of-repair
or unsafe condition or obstruction described hereinabove shall be
accomplished by personal service upon or service by registered or
certified mail actually received by the Town Clerk of the Town of
Mamakating. The written notice must be made by the witness to the
defect, danger, out-of-repair or unsafe condition or obstruction referred
to hereinabove. The writing must state that it is a notice of defect,
include the name and address of the complainant, and identify, with
particularity, the specific nature and exact location of each condition,
defect, danger or obstruction complained of and be signed by complainant
and be verified.
The Town Clerk of the Town of Mamakating shall present all notices
referred to hereinabove received by said Town Clerk to the Town Board
of the Town of Mamakating within five days of actual receipt thereof
or at the next succeeding Town Board meeting, whichever is sooner.
Any claim based upon any street, highway, bridge, culvert, sidewalk
or crosswalk or any other property owned by and/or in direct or indirect
control of the Town and/or any improvement district being defective,
dangerous, out of repair, unsafe or obstructed, as set forth above,
shall be made and served in compliance with § 50-e of the
General Municipal Law.
Every civil action or special proceeding referred to hereinabove
shall be commenced pursuant to and in compliance with the provisions
of § 50-i of the General Municipal Law.