[HISTORY: Adopted by the Board of Trustees of the Village
of Red Hook 3-3-1986 by L.L. No. 1-1986. Amendments noted where applicable.]
[Amended 1-20-1999 by L.L. No. 1-1999]
No civil action shall be maintained against the Incorporated
Village of Red Hook, New York, its agents, servants, employees, officers
or other representatives for damages or injuries or other loss to
persons or property sustained by reason of an alleged defect or condition
in or of any highway, sidewalk, curbing, drains, bridge culvert, appurtenance
or other property, real or personal, including but not limited to
lack of or improper repair, maintenance, inspection, design or any
alleged unsafe, dangerous, obstructed or other conditions or for damages
or injuries to person or property sustained solely in consequence
of the existence of snow or ice upon any sidewalk, crosswalk, street,
highway, bridge or culvert, unless:
A.Â
Written notice of such alleged defect or defective, unsafe, dangerous
obstruction or other condition, including the existence of snow or
ice, shall have been received by the Clerk of the Village of Red Hook,
New York, or the Highway Commissioner of the Village of Red Hook,
New York, prior to the occurrence or other circumstance out of which
any such claim for damage, injury or other loss is alleged to have
arisen; and
B.Â
Such alleged defect or condition shall, in fact, actually have existed
or occurred; and
C.Â
The Village of Red Hook, New York, its agents, servants, employees,
officers or other representatives shall have negligently failed, within
a reasonable time after the receipt by the Village Clerk or the Highway
Commissioner of the Village of Red Hook, New York, of such prior notice
to repair, remove, replace or otherwise correct said defect or condition.
The Clerk of the Village of Red Hook, New York, shall receive
all of such written prior notices and shall keep a separate indexed
record of the receipt thereof, 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 permanently preserved.
The receipt of such prior written notice by said Clerk or Highway
Commissioner shall be pleaded and proven by any claimant.
