No civil action shall be maintained against the County of Sullivan 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
is actually given to the Clerk of the County Legislature or the Commissioner
of Public Works; 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, 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 Legislature or the Commissioner 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.
The Commissioner of Public Works shall transmit, in writing, to the
Clerk of the County Legislature within 10 days after the receipt thereof all
written notices received by him pursuant to this chapter.
The Clerk of the County Legislature shall keep an indexed record, in
a separate book, of all written notices which he 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 county
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.
