Rules and Regulations - Prior Notice Requirement

RULES AND REGULATIONS OF PUEBLO WEST METROPOLITAN DISTRICT
PUEBLO WEST, COLORADO

TITLE 12

PRIOR NOTICE REQUIREMENT

Rules and Regulations concerning requirements for prior notice to the District for District to be liable for damages or injuries due to defective or unsafe highways, bridges of culverts;

Article 1. GENERAL PURPOSE.

12.1.1 The general purpose of this Title is to require that the District be put on Notice prior to the maintenance of any civil action against the District for damages or injuries to person or property by reason of defective, unsafe, dangerous or obstructed highways, bridges or culverts and a failure or neglect within a reasonable time, on dangerous or obstructed highway, bridge or culvert.

Article 2. LIMITATION OF MAINTENANCE OF CIVIL ACTIONS.

12.2.1

(a) No civil action shall be maintained against the District 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;

(1) Written Notice of such defective, unsafe, dangerous or obstructed condition was received by the Manager of the District or by the Superintendent of Public Works; and

(2) That it was a failure or neglect within a reasonable time after receipt of such Notice to repair or remove the defects, danger or obstruction complained of in such Notice.

(b) No civil action shall be maintained against the District for damages or injuries to persons or property sustained solely and consequence of the existence of snow or ice upon any highway, bridge or culvert unless;

(1) Written Notice thereof specifying the particular place was actually received by the Manager of the District or by the Superintendent of Public Works of the District; and

(2) There was a failure or neglect by the District to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such Notice.

12.2.2 Transmittal of Notice. The Superintendent of Public Works shall transmit in writing to the District Manager or acting District Manager within 48 hours after the receipt thereof all written Notices received by said Superintendent of Public Works pursuant to paragraph 12.2.1 of this Title 12.

12.2.3 Retention of Records. The District Manager of the District shall keep in an indexed record, in a separate file all written Notices which the District Manager receives pursuant to this Title 12 of the existence of a defective, unsafe, dangerous or obstructed condition in or upon any highway, bridge or culvert within the District, which record shall state the date of receipt of the Notice, the nature and location of the conditions 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.

Article 3. EFFECTIVE DATE. This Title 12 shall be effective immediately upon passage of a Resolution approving and adopting this Title 12 as part of the Rules and Regulations of the Pueblo West Metropolitan District by the District Board of
Directors.