(A) The county and the County Highway Department shall not be responsible and assume no responsibility for repairing or replacing any damaged mailboxes when:
(1) The mailbox is located less than three feet from the edge of the pavement to the face of the mailbox regardless of the circumstances causing the damage;
(2) The mailbox is damaged as a result of objects, snow sleet, ice, water or other precipitation thrown by a plow;
(3) The mailbox is found to have been in a unsound condition prior to the damage, regardless of the circumstances causing the damage; or
(4) The mailbox is damaged by a person who is not acting under the direction or at the request of the county.
(B) Except as provided in division (A) above, the county through the County Highway Department shall be responsible for replacing or repairing damaged mailboxes when:
(1) The mailbox is physically struck by a county owned and operated maintenance truck;
(2) The mailbox is physically struck by a county owned and operated snow plow;
(3) The mailbox is physically struck by a snowplow owned and operated by a subcontractor performing precipitation removal operations at the request of the County Highway Department.
(C) If a party believes they have a claim as outlined in division (B) above, the following procedures shall be followed:
(1) The owner of the damaged mailbox shall report the same to the County Highway Department within 30 days of when the damage occurred.
(2) Claims will then be investigated by the County Highway Department. If a claim is denied, appeals will be heard by the County Board of Commissioners.
(3) A replacement cost of $65 will be allocated to the owner of the damaged mailbox , unless denied, within 30 days of the initial damage report and shall represent full and complete compensation.
(Ord. 2014-12-5-1, passed 12-5-2014)