[Adopted 8-12-2008 by L.L. No. 6-2008]
No civil action shall be maintained against
the Village of Woodbury or Town of Woodbury Superintendent of Highways
for damages or injuries to person or property sustained by reason
of any highway, sidewalk, bridge or culvert being defective, out of
repair, unsafe, dangerous or obstructed, unless written notice of
such defective, unsafe, dangerous or obstructed condition of such
highway, sidewalk, bridge or culvert was actually given to the Village
Clerk or 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.
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 highway, sidewalk, bridge
or culvert, unless written notice thereof, specifying the particular
place, was actually given to the Village Clerk or 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 Superintendent of Highways shall transmit,
in writing, to the Village Clerk within five days after the receipt
thereof all written notices received by him pursuant to this article
and § 6-628 of the Village Law. The Village Clerk shall
cause all written notices received by him or her pursuant to this
article and § 6-628 of the Village Law to be presented to
the Village Board within five days of the receipt thereof or at the
next succeeding Village Board meeting, whichever shall be sooner.
