[Amended 3-4-1983 by L.L. No. 2-1983]
No civil action shall be maintained against the County of Sullivan for damages or injuries to person or property sustained by reason of any property of the County of Sullivan other than as provided in Article I of this chapter being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition, specifying the particular place, was 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 the defect, damages or obstruction complained of; but no 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 property, unless written notice thereof, specifying the particular place, was actually given to the Clerk of the County 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 reasonably safe within a reasonable time after the receipt of such notice; provided, however, that notwithstanding the provisions of any law defining real property owned by tax title or owned for the purposes of reimbursement of assistance granted, as held and used for a public purpose, and notwithstanding any such notice given, the County of Sullivan shall not be liable by reason such property being defective, out of repair, unsafe or dangerous, unless the county is in the actual physical possession, control and operation thereof as owner, or deriving a direct income therefrom; and with no greater liability than that imposed upon the individual owner of property.
The Commissioner of Public Works shall transmit, in writing, to the
Clerk of the County Legislature within 10 days after the receipt of all written
notices received by him pursuant to this title of 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 article of 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 property of the county other than as provided under Article I of this chapter, 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.
For the purposes of this article of this chapter, property of the County of Sullivan shall include but not be limited to the interior and exterior of any building owned, operated or controlled by the County of Sullivan, park lands, historic sites, recreation areas, scenic sites, overlooks, garages, storage areas, any road, bridge or culvert other than a highway, bridge or culvert provided for in Article I of this chapter, sidewalks, ramps, accessways and other methods of ingress or egress to or from, within or without, such property; provided, however, that property shall not include real property owned by tax title or owned for the purposes of reimbursement of assistance granted, as held and used for a public purpose, which said real property is defective, out of repair, unsafe or dangerous, unless the county is in the actual physical possession, control and operation thereof as owner, or deriving a direct income therefrom.
