[Adopted 4-9-1986 by L.L. No. 1-1986 (Ch.
36 of the 1978 Code)]
A.
No civil action shall be maintained against the Village
Of Millerton for damages or injuries to person or property sustained
by reason of any highway, bridge, culvert or any other village appurtenances
being defective, out of repair, unsafe, dangerous or obstructed unless:
(1)
Written notice of such defective, unsafe, dangerous
or obstructed condition was received by the Clerk of the Village of
Millerton or the Foreman of the Highway Department of the Village
of Millerton; and
(2)
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.
B.
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, bridge, culvert or
any other village appurtenances unless:
(1)
Written notice thereof, specifying the particular
place, was actually received by the Clerk of the Village of Millerton
or the Foreman of the Highway Department.
(2)
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 Village of Millerton Foreman of the Highway Department shall transmit, in writing, to the Clerk of the Village of Millerton within 10 days after the receipt thereof all written notices received by him pursuant to § 136-15 of this chapter.
The Clerk of the Village of Millerton shall
keep an indexed record, in a separate book, of all written notices
which said Clerk shall receive pursuant to this chapter of the existence
of a defective, unsafe, dangerous or obstructed condition in or upon
or of an accumulation of ice or snow upon any village highway, bridge,
culvert or any other village appurtenances, 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 each notice shall be preserved
for a period of five years after the date it is received.
