[Adopted 10-8-1985 by Ord. No. 85-2]
The specific intent of this article is and shall
be to effectively provide for prior written notice to the Township
of Upper Hanover of any defective, unsafe, dangerous or obstructed
condition existing on any roads, streets, highways, public rights-of-way
or other public ways under the jurisdiction and control of the Township
of Upper Hanover in order to provide the Township with a reasonable
time, after giving of such notice, to repair or remove the defect,
danger or obstruction complained of as well as, and in addition to
the foregoing, to establish the requirement of prior written notice
of the aforesaid in order for any action to be maintained against
the Township of Upper Hanover for damages or injuries to person or
property sustained solely in consequence of the existence of any of
the aforesaid.
A.
No civil action shall be maintained against the Township
of Upper Hanover 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:
(1)
Written notice of such defective, unsafe, dangerous
or obstructed condition was received by the Secretary of the Township
of Upper Hanover; and
(2)
There was a failure or neglect within a reasonable
time after giving of such notice to repair or remove the defect, danger
or obstruction complained of.
A.
No civil action shall be maintained for damages or
injuries to person or property sustained solely in consequence of
the existence of snow, ice, any defect, unsafe, dangerous or obstructed
condition upon any highway, bridge, culvert, public right-of-way,
street or other public way under the control and jurisdiction of the
Township of Upper Hanover, unless:
(1)
Written notice thereof, specifying that particular place, was actually received by the Secretary of the Township of Upper Hanover, as set forth above in § 421-4.
(2)
There was a failure or neglect to cause such snow,
ice, defect, unsafe, dangerous or obstructed condition to be removed
or to make the place otherwise reasonably safe within a reasonable
time after receipt of such notice.
B.
The Secretary of the Township of Upper Hanover shall
transmit, in writing, to the Road Foreman of the Township of Upper
Hanover, within three days after receipt thereof, all written notices
received by the Secretary of the Township of Upper Hanover pursuant
to this article; said transmittal shall be a true and correct copy
of the written notice received by the Secretary, and the Secretary
of the Township of Upper Hanover shall as soon as possible upon receipt
of the aforesaid written notice notify, by telephone or otherwise,
the Chairman of the Board of Supervisors, the Road Foreman of the
Township of Upper Hanover.[1]
C.
The Secretary of the Township of Upper Hanover shall
keep an indexed record, in a separate book, of all written notices
which said Secretary shall receive pursuant to this article of the
existence of a defective, unsafe, dangerous or obstructed condition
in or upon, or of an accumulation of ice or snow upon, any Township
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.
