Nothing herein contained, however, shall be held to revive any
claim or cause of action now barred by any existing requirements or
statute of limitations or to waive any existing limitation now applicable
to any claim or cause of action against the Village of Clyde.
No civil action shall be brought or maintained against the Village
of Clyde or the Superintendent of Public Works of the Village of Clyde,
or any officers, agents or employees of the Village of Clyde, for
damages or injuries to person or property sustained in consequence
of any street, highway, bridge, culvert, sidewalk, crosswalk, highway
marking, sign or device or other property owned, operated or maintained
by the Village or by a commission or agency thereof 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 or any other property owned or maintained
by the Village of Clyde was actually given to the Village Clerk of
the Village of Clyde or Superintendent of Public Works of the Village
of Clyde and that 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; and no such action shall be brought
or maintained for damages or injuries to persons or property sustained
solely in consequence of the existence of snow or ice and materials
upon any street, highway, bridge, culvert, sidewalk, crosswalk, highway
marking, sign or device or other property owned, operated or maintained
by the Village or by a commission or agency thereof unless written
notice thereof, in a form acceptable by the Village Clerk of the Village
of Clyde, specifying the particular place and defect, was actually
given to either the Village Clerk or Superintendent of Public Works
of the Village of Clyde 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 of Clyde shall maintain an
indexed record of all written notices which said Village Clerk 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 highway, bridge, culvert or sidewalk within
the Village of Clyde. Said 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 from whom the notice is received and
date referred to the Superintendent of Public Works. The record of
each notice shall be preserved for a period of five years after the
date it is received.
The Superintendent of Public Works of the Village of Clyde shall
transmit, in writing, to the Village Clerk of the Village of Clyde,
within 10 days after receipt thereof, all written notices and the
action taken to correct the defect, danger or obstruction complained
of.
Nothing contained in this chapter shall be held to repeal or
modify or waive any existing requirement or statute of limitations
which is applicable to these classes of action, but they shall be
held to be additional requirements to the right to maintain such action,
nor shall anything herein contained be held to modify any existing
rule or law relative to the question of contributory negligence nor
to impose upon the Village of Clyde any greater duty or obligation
than to keep its streets, sidewalks and public places in a reasonably
safe condition for public use and travel.
There shall be no substitute for written notice as set forth
in this chapter. Constructive notice is hereby expressly declared
to be insufficient notice.