Town of Stafford, NY
Genesee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Stafford 3-13-2000 by L.L. No. 1-2000. Amendments noted where applicable.]
The purpose and intent of this chapter is to repeal Local Law No. 1 of the year 1985 and replace said local law with a new enactment as herein provided which enactment shall also supersede in its entirety the provisions contained in § 65-a of the Town Law of the State of New York.
No civil action shall be maintained against the Town of Stafford or Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, bridge or culvert (or any other property owned or maintained by the Town of Stafford) being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge or culvert (or other property owned or maintained by the Town of Stafford) 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. Furthermore, no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge 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 a 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.
No civil action shall be maintained against any Town or Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any defect in its sidewalks or in consequence of the existence of snow or ice upon any of its sidewalks, unless such sidewalks have been constructed or are maintained by the Town or the Superintendent of Highways of the Town pursuant to statute, nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defect or in consequence of such existence of snow or ice unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or to the Town Superintendent of Highways, and there was a failure or neglect to cause such defect to be remedied, 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.
The Town Superintendent of Highways shall transmit, in writing, to the Town Clerk within 10 days after the receipt thereof all written notices received by him pursuant to this chapter. The Town Clerk shall cause all written notices received by him or her pursuant to this chapter to be presented to the Town Board within 10 days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner.
The Town Clerk shall keep an indexed record, in a separate book, of all written notices which he shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice or snow upon, any Town highway, bridge, culvert or sidewalk, 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. The record of each notice shall be preserved for a period of five years after the date it is received.