[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.
