[HISTORY: Adopted by the Board of Trustees
of the Village of Port Jefferson 12-18-1985 by L.L. No. 12-1985 (Ch. 9 of the 1970
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 215.
No civil action shall be commenced against the
Incorporated Village of Port Jefferson for damages or injuries to
persons or property sustained by reason of the defective, out-of-repair,
unsafe, dangerous or obstructed condition of any highway, street,
bridge, culvert, sidewalk, crosswalk or other property or lands of
the Incorporated Village of Port Jefferson or of the existence of
snow or ice thereon, unless, previous to the occurrence resulting
in such damages or injuries, written notice of such defective, out-of-repair,
unsafe, dangerous or obstructed condition, specifying the particular
place and location, was actually given to the Village Clerk and 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
complained of.
A.
Clerk to keep record of notices. The Village Clerk
shall keep an index record in a separate book of all the notices which
he shall receive of the existence of any such alleged defective, unsafe,
dangerous or obstructed condition or of snow or ice, 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.
B.
Availability of records. The indexed record of notices
provided for herein shall be a public record. The original of each
notice received shall be preserved for a period of not less than five
years after the date when it is received.
Nothing herein contained shall be construed
to relieve a claimant of the obligation to serve a notice of claim
on the Incorporated Village of Port Jefferson as provided in § 50-e
of the General Municipal Law.
