§ 18.2. Notice to city of claim for injury arising from street defects.

The city shall not be liable in damages sustained by any person in the city, either to his or her person or property, by reason of any defective highway, street, bridge, sidewalk, crosswalk or culvert or by reason of any obstruction, ice, snow or other in-cumbrance upon such street, sidewalk, crosswalk or public highway, situated in the city, unless such person shall serve or cause to be served, within sixty days after such injury shall have occurred, a notice in writing, upon the Clerk, which notice shall set forth substantially the time when and the place where such injury took place, the nature of the defect, the manner in which it occurred, and the extent of such injury as far as the same has become known, the names and addresses of the witnesses known at the time by claimant, and that the person receiving such injury intends to hold the city liable for such damages as may have been sustained by him or her, and unless he or she shall also, within ninety days next after such injury, present to the Clerk his or her claim in writing and under oath, setting forth particularly the nature and extent of such injury and the amount of damages claimed by reason thereof, which claims shall be presented to the Council.

It shall be a sufficient bar and answer in any court to any action or proceeding for the collection of any demand or claim against the city, under this section, that the notice of injury and the verified proof of claim, as in this section required. were not presented and filed within the time and in the manner as herein provided.

(Res. No. 2012-04, 5-21-2012)