[HISTORY: Adopted by the Legislature of the County of Monroe: Art. I, 2-1-1983 by L.L. No. 1-1983. Amendments noted where applicable.]
[Adopted 2-1-1983 by L.L. No. 1-1983]
This Article shall be known as "Local Law Requiring Written Notice to the County of Monroe of any Defective, Unsafe, Dangerous or Obstructed Condition of Highways and/or Other Property Prior to Maintenance of Action Against the County of Monroe for Damages or Injuries to Persons and/or Property."
No civil action or special proceeding shall be prosecuted or maintained against the County of Monroe for damages or injuries to person or property sustained by reason of any highway, road, bridge, culvert, sidewalk, sewer grate or manhole cover under the jurisdiction of the County Superintendent of Highways and over which he exercises specific or general charge and supervision, pertaining to the work of construction, improvements, repair and maintenance being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, out of repair, unsafe, dangerous or obstructed condition was actually given to the Clerk of the Monroe County Legislature or the Monroe County Superintendent of Highways and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of or, in the absence of such notice, unless such defective, unsafe, dangerous or obstructed condition existed for so long a period that the same should have been discovered and remedied in the exercise of reasonable care and diligence; but no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any such highway, road, bridge, culvert, sidewalk, sewer grate or manhole cover unless written notice thereof, specifying the particular place, was actually given to the Clerk of the Monroe County Legislature or the Monroe County Superintendent of Highways and there was a 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 County Highway Superintendent shall transmit, in writing, to the Clerk of the Monroe County Legislature within 10 days after receipt thereof all written notices received by him pursuant to § 351-2 of this Article.
The Clerk of the Monroe County Legislature shall keep an indexed record in a separate book of all written notices, which said Clerk shall receive pursuant to this Article, of the existence of a defective, unsafe, dangerous or obstructed condition in or upon or of an accumulation of ice or snow upon any highway, road, bridge, culvert, sidewalk, sewer grate or manhole cover, 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 record of such notice shall be preserved for a period of five years after the date it is received.
Any claim, including a claim specified in § 139 of the Highway Law, which may be made against the county for damages for wrong or injury to person or property or for the death of a person shall be made and served in compliance with § 50-e of the General Municipal Law.
Every action upon such claim shall be commenced pursuant to the provisions of § 50-i of the General Municipal Law.