[HISTORY: Adopted by the Rockland County Legislature 1-18-1983
by L.L. No. 1-1983. Amendments noted where applicable.]
A.Â
No civil action shall be maintained against the County
of Rockland for damages or injuries to persons or property sustained by reason
of any highway, bridge or culvert being defective, out of repair, unsafe,
dangerous or obstructed unless written notice of such defective, unsafe, dangerous
or obstructed condition of such highway, bridge or culvert was actually given
to the Clerk to the Legislature or County Superintendent of Highways 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,
or the place made reasonably safe.
B.Â
Nothing contained in Subsection A shall limit the right to maintain a civil action against the County of Rockland in the absence of such notice when the defective, unsafe, dangerous or obstructed condition existed for so long a period that the same should have been discovered and remedied in the exercise of reasonable care and diligence.
C.Â
No civil action shall be maintained against the County
of Rockland for damages or injuries to persons or property sustained solely
in consequence of the existence of snow and ice upon any highway, bridge or
culvert unless written notice thereof specifying the particular place was
actually given to the Clerk to the Legislature or County Superintendent of
Highways and 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 receipt of such notice.
A.Â
The County Highway Superintendent shall transmit, in
writing, to the Clerk to the County Legislature, within 10 days after the
receipt thereof, all written notices received by him pursuant to this chapter.
B.Â
The Clerk to the Legislature shall keep an indexed record,
in a separate book, of all written notices which re received of the existence
of such defective, unsafe, dangerous or obstructed conditions or of an accumulation
of ice and snow upon any County highway, bridge or culvert, which record shall
set forth the date of receipt of such 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.
Nothing herein contained shall be construed to relieve a claimant of
the requirements set forth in the General Municipal Law §§ 50-e
and 50-i.
