If any person shall incur damage to his or her motor vehicle
by reason of a pothole on any Town-owned street, causeway or bridge,
which damage would not have occurred without the existence of the
pothole, he or she may recover from the Town the amount of damages
sustained up to and not more than the sum of $300, pursuant to the
following conditions:
A. The Town
must have had prior knowledge of the pothole and its location prior
to filing the claim.
B. All claims
shall be made within a period of seven days from the date on which
the damage was sustained by filing a written report in a manner prescribed
by the Town Council, which shall in all instances make the final determination
as to the merits of any claim so submitted.
C. All claims
approved by the Council shall be paid in full within 45 days of receipt
of waiver.