[HISTORY: Adopted by the Board of Trustees of the Village
of Hillburn 9-24-1986 by L.L. No. 4-1986 (Ch. 9A of the 1977
Code). Amendments noted where applicable.]
A.
No civil action shall be maintained against the Village of Hillburn
for damages or injuries to person or property sustained by reason
of any highway, sidewalk, bridge or culvert being defective, out of
repair, unsafe, dangerous or obstructed unless:
(1)
Written notice of such defective, unsafe, dangerous or unobstructed
conditions was received by the Clerk of the Board of Trustees or the
Superintendent of the Department of Public Works.
(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.
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 or bridge or culvert unless:
(1)
Written notice thereof, specifying the particular place, was actually
received by the Clerk of the Board of Trustees or the Superintendent
of the Department of Public Works of the Village.
(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 Superintendent of the Department of Public Works of the Village shall transmit, in writing, to the Clerk of the Board of Trustees of the Village within 10 days after the receipt thereof all written notices received by the Superintendent of the Department of Public Works pursuant to § 160-1 of this chapter.
The Clerk of the Board of Trustees of the Village 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,
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.
