[Adopted 4-21-1987 as L.L. No. 1-1987]
No civil action shall be commenced against the
Village of Southampton for damages or injuries to persons or property
sustained by reason of the defective, out-of-repair, unsafe, dangerous
or obstructed condition of any highway, street, bridge, culvert, sidewalk
or crosswalk, or of the existence of snow or ice thereon, unless previous
to the occurrence resulting in such damages or injuries, written notice
of such defective, out-of-repair, unsafe, dangerous or obstructed
condition, specifying the particular place and location, was actually
given to the Village Clerk 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; or to cause
the snow or ice to be removed or the place otherwise made reasonably
safe.
The Village Clerk shall keep an indexed record,
in a separate book, of all the notices which he shall receive of the
existence of any such alleged defective, unsafe, dangerous or obstructed
condition, or of snow or ice, 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 indexed record of notices provided for in § 95-26 hereof shall be a public record. The original of each notice received shall be preserved for a period of five years after the date when it is received.
Nothing herein contained shall be construed
to relieve a claimant of the obligation to serve a notice of claim
on the Village of Southampton as provided in § 50-e of the
General Municipal Law.
