[HISTORY: Adopted by the Board of Trustees of the Village
of Unadilla 3-19-1985 by L.L. No.
3-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 134.
No civil action shall be maintained against the Village of Unadilla
for damages or injuries to person or property sustained by reason
of any highway, bridge or culvert being defective, out of repair,
unsafe, dangerous or obstructed unless written notice of such defective,
unsafe, dangerous or obstructed condition was actually given to the
Clerk of the Village of Unadilla or the Village Highway Superintendent
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 or, in the absence of such notice, unless
such defective, unsafe, dangerous or obstructed condition existed
for so long a period that the same should have been discovered and
remedied in the exercise of reasonable care and diligence; but 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 or culvert unless written notice thereof
specifying the particular place was actually given to the Clerk of
the Village of Unadilla or Village Highway Superintendent 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 Highway Superintendent shall transmit, in writing,
to the Clerk of the Village of Unadilla within 10 days after the receipt
thereof all written notices received by him pursuant to a local law
enacted pursuant to this section.
The Clerk of the Village of Unadilla shall keep an indexed record,
in a separate book, of all written notices which she 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 or culvert, 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.
