[Adopted 5-22-1984 by L.L. No. 3-1984]
No civil action shall be maintained against
the County of Tompkins or the County Commissioner of Public Works
for damages or injuries to persons or property sustained in consequence
of any county street, highway, road, bridge, culvert, sidewalk or
crosswalk being out of repair, unsafe, dangerous or obstructed, or
in consequence of the existence of snow or ice thereon, unless prior
thereto written notice of the defective, unsafe, dangerous or obstructed
condition, or of the existence of such snow or ice, was actually given
to the Clerk of the County Legislature or the County Legislature and
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 Clerk of the County Legislature or the County
Legislature shall transmit to the County Commissioner of Public Works
within three days after the receipt of such written notice a copy
of such written notice.
The Clerk of the County Legislature or the County
Legislature shall keep an indexed record, in a separate book, of all
written notices which she shall receive of the existence of such defective,
unsafe, dangerous or obstructed condition, or of such 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 addresses
of the person from whom the notice is received.
Nothing herein contained shall be construed
to relieve a claimant of the obligation to send a notice of claim
as provided in § 50-e of the General Municipal Law. Further,
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 actions, but, on the contrary, shall
be held to be additional requirements of the right to maintain such
actions.