[Adopted 2-12-1997 by L.L. No. 3-1997]
No civil action shall be maintained against
the Incorporated Village of Wappingers Falls, New York, its agents,
servants, employees, officers or other representatives for damages
or injuries or other loss to persons or property sustained by reason
of an alleged defect or condition in or of any highway, sidewalk,
bridge, culvert, appurtenance or other property, real or personal,
including but not limited to lack of or improper repair, maintenance,
inspection, design or any alleged unsafe, dangerous, obstructed or
other condition, unless:
A.
Written notice of such alleged defect or defective,
unsafe, dangerous obstruction or other condition shall have been received
by the Clerk of the Village of Wappingers Falls, New York, or the
Superintendent of Public Works of the Village of Wappingers Falls,
New York, prior to the occurrence or other circumstance out of which
any such claim for damage, injury or other loss is alleged to have
arisen.
B.
Such alleged defect or condition shall in fact actually
have existed or occurred.
C.
The Village of Wappingers Falls, New York, its agents,
servants, employees, officers or other representatives shall have
negligently failed, within a reasonable time after the receipt by
the Village Clerk or the Superintendent of Public Works of the Village
of Wappingers Falls of such prior notice, to repair, remove, replace
or otherwise correct said defect or condition.
The Clerk of the Village of Wappingers Falls,
New York, shall receive all of such written prior notices and shall
keep a separate indexed record of the receipt thereof, 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 permanently preserved.
The receipt of such prior written notice by
said Clerk or Superintendent of Public Works shall be pleaded and
proven by any claimant.
