No civil action shall be maintained against the Village of the
Branch, hereinafter referred to as the "Village," for damages to person
or property sustained by reason of any highway, street, crosswalk,
bridge, culvert, street marking, sign or device or any other property
owned, operated or maintained by the Village being defective, out
of repair, unsafe, dangerous or obstructed, unless written notice
of such defective, unsafe, dangerous or obstructed condition of such
street, bridge, culvert, highway marking, sign or device or any other
property owned, operated or maintained by the Village was actually
given to and received by the Village Clerk of the Village and there
was a failure or neglect, within a reasonable time after the giving
of and receiving 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 persons or property sustained solely in consequence
of the existence of snow or ice upon any highway, street, bridge,
culvert or any other property owned by the Village, unless written
notice thereof, specifying the particular place, was actually given
to and received by the Village Clerk of the Village 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 Village Clerk of the Village shall keep an index record,
in a separate book, of all written notices which the Village Clerk
shall receive of the existence of a defective, unsafe, dangerous or
obstructed condition in or upon, or of any accumulation of ice and
snow upon, any Village street, highway, bridge, culvert or sidewalk
or any other property owned by the Village, which record shall state
the date of the 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 from the date it is received.
The Village Clerk, upon receipt of such written notice, shall immediately
and in writing notify the Deputy Mayor and Mayor of the Village of
the receipt of such notice.