Village of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fishkill 3-11-1985 as L.L. No. 2-1985. Amendments noted where applicable.]
A. 
No civil action shall be maintained against the Village of Fishkill for damages or injuries to person or property sustained by reason of any highway, bridge, culvert or any other village appurtenances being defective, out of repair, unsafe, dangerous or obstructed unless:
(1) 
Written notice of such defective, unsafe, dangerous or obstructed condition was received by the Clerk of the Village of Fishkill or Village of Fishkill Commissioner of Highways.
(2) 
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.
B. 
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, culvert or any other village appurtenances unless:
(1) 
Written notice thereof specifying the particular place was actually received by the Clerk of the Village of Fishkill or the Village of Fishkill Commissioner of Highways.
(2) 
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 of Fishkill Commissioner of Highways shall transmit in writing to the Clerk of the Village of Fishkill within 10 days after the receipt thereof all written notices received by said Clerk pursuant to § 114-1 of this chapter.
The Clerk of the Village of Fishkill shall keep an indexed record, in a separate book, of all written notices which said 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 village highway, bridge, culvert or any other village appurtenances, 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.