[Adopted 9-14-1992 by L.L. No. 5-1992]
This article shall be known as the "Written
Notice of Defect Law of the Village of Airmont."
[Amended 10-5-2015 by L.L. No. 5-2015]
A.
No civil action shall be maintained against the Village
of Airmont for damages or injuries to person or property sustained
by reason of any highway, traffic signal, bridge or culvert being
defective, out of repair, unsafe, dangerous, or obstructed, unless:
B.
No such actions 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 or culvert unless:
(1)
Written notice thereof, specifying the particular
place was actually received by the Village Clerk or the Mayor of the
Village; and
(2)
There was a failure or neglect to cause such snow
and ice to be removed, or to make the place otherwise reasonably safe
within a reasonable time after the receipt of such notice.
The Mayor of the Village shall transmit in writing to the Village Clerk within 10 days after the receipt thereof all written notices received by the Mayor pursuant to § 177-1 of this article.
The Village Clerk shall keep an indexed record
in a separate book of all written notices which said Clerk 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 Village highway, traffic signal, bridge,
sidewalk 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 records of each notice shall be preserved for a period
of five years after the date it is received.
