Town of Grand Island, NY Chapter 94 Actions Against Town

[HISTORY: Adopted by the Town Board of the Town of Grand Island 11-19-1962 (Ch. 94 of the 1963 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Streets and sidewalks — See Ch. 323.

§ 94-1 Prior notice of defects required.

A. No civil action shall be maintained against the Town or Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk, 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, street, sidewalk, crosswalk, or culvert was actually given to the Town Clerk or Town 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.

B. No such action shall be maintained for damages or injuries to person or property sustained because of the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk, or culvert, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Superintendent of Highways and there was failure or neglect 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.

§ 94-2 Written notice.

The Town Superintendent of Highways shall transmit in writing to the Town Clerk within five days after the receipt thereof all written notices received pursuant to this chapter and Subdivision 2 of § 65-a of the New York Town Law. The Town Clerk shall cause all written notices received pursuant to this chapter and Subdivision 2 of § 65-a of the New York Town Law, to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner.

§ 94-3 Clerk to maintain record.

The Town Clerk shall keep a separate indexed record of all written notices received pursuant to this chapter and Subdivision 2 of § 65-a of the New York Town Law.

§ 94-4 Effect on other provisions.

This chapter shall supersede in its application to the Town of Grand Island Subdivisions 1 and 3 of § 65-a of the New York Town Law.