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This entry was published on 2014-09-22
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SECTION 50-G
Recording of notice of defect
General Municipal (GMU) CHAPTER 24, ARTICLE 4
§ 50-g. Recording of notice of defect. 1. Wherever any statute, city
charter or local law provides that no civil action shall be maintained
against a city for damages or injuries to person or property sustained
in consequence of any street, highway, bridge, culvert, sidewalk or
crosswalk being out of repair, unsafe, dangerous or obstructed, or in
consequence of the existence of snow or ice thereon, unless it appear
that written notice of the defective, unsafe, dangerous or obstructed
condition, or of the existence of the snow or ice, was actually given to
the city or its specified officer or employee 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 to
cause the snow or ice to be removed, or the place otherwise made
reasonably safe, the city shall keep an indexed record, in a separate
book, of all written notices which it shall receive of the existence of
such defective, unsafe, dangerous or obstructed condition, or of such
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. All such
written notices shall be indexed according to the location of the
alleged defective, unsafe, dangerous or obstructed condition, or the
location of accumulated snow or ice.

2. Where the statute, charter or local law requires that the written
notice be given to a specified city officer or employee the record shall
be made and kept by the person so specified. Where the statute, charter
or local law requires that the written notice be given to any of several
specified city officers or employees, or omits to specify the officer or
employee to whom the written notice shall be given, the record shall be
made and kept by an officer or employee designated for that purpose by
the governing body of the city. In the absence of such designation the
record shall be made and kept by the commissioner of public works of the
city or, if there be no officer of that title, by an officer exercising
corresponding duties. The record of notices of defects shall be a public
record. The record of each notice shall be preserved for a period of
five years after the date it is received.

3. This section shall be applicable notwithstanding any inconsistent
provisions of law, general, special or local, or any limitation
contained in the provisions of any city charter.