[HISTORY: Adopted by the Board of Trustees of the Village of Millbrook 3-21-1974 as Ch. 62 of the 1974 Code; amended in its entirety 2-20-1990 by L.L. No. 2-1990. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 195.
A. 
No civil action shall be maintained against the Village of Millbrook for damages or injuries to person or property sustained by reason of any street, sidewalk, bridge, culvert, building or grounds owned by the Village of Millbrook being defective, out of repair, unsafe, dangerous or obstructed unless the below-listed conditions exist:
(1) 
Written notice of such defective, unsafe, dangerous or obstructed condition was received by the Clerk of the governing body of the Village; and
(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 of which complained.
B. 
No such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow and/or ice upon any street, sidewalk, bridge, culvert, building or grounds owned by the Village of Millbrook unless the following conditions exist:
(1) 
Written notice thereof, specifying the particular place where the snow and/or ice exists, was actually received by the clerk of the governing body of the Village; and
(2) 
There was a failure or neglect to cause such snow and/or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
The Clerk of the governing body of the Village of Millbrook 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 snow and/or ice upon any Village street, sidewalk, bridge, culvert, building or grounds, 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 such notice shall be preserved for a period of five years from the date it is received.