No civil action shall be maintained against the Village or Village
Superintendent of Public Works 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
of such highway, bridge or culvert was actually given to the Village
Clerk/Treasurer or Village Superintendent of Public Works, 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; 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 Village Clerk/Treasurer or Village Superintendent
of Public Works 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Village Superintendent of Public Works shall transmit, in
writing, to the Village Clerk/Treasurer within five days after the
receipt thereof all written notices received by him pursuant to this
article and § 6-628 of the Village Law. The Village Clerk/Treasurer
shall cause all written notices received by him or her, pursuant to
this article and § 6-628 of the Village Law, to be presented
to the Village Board within 10 days of the receipt thereof or at the
next succeeding Village Board meeting, whichever shall be sooner.
The Village Clerk/Treasurer shall keep an indexed record, in
a separate book, of all written notices which he shall receive 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 sidewalk, 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. All such written notices shall be indexed according to
the location of the alleged defective, unsafe, dangerous or obstructed
condition or the location of accumulated snow or ice. The record of
each notice shall be preserved for a period of five years after the
date it was received.