Town of Bergen, NY
Genesee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Bergen 3-10-1982 by L.L. No. 1-1982. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 431.
No civil action shall be maintained against the Town or Town Superintendent of Highways for damage or injuries to person or property sustained by reason of any highway, bridge, culvert or sidewalk being defective, out of repair, unsafe, dangerous, obstructed or by reason of the existence of snow or ice upon any such highway, bridge, culvert or sidewalk unless written notice of such condition 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, or to make the place otherwise reasonably safe.
The Town Superintendent of Highways shall transmit in writing to the Town Clerk within five days after the receipt thereof all written notices received by him pursuant to this chapter. The Town Clerk shall keep an indexed record, in a separate book, of all written notices which shall be received by the Clerk 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. Record of each notice shall be preserved for a period of five years after the date it is received.
This chapter shall supersede in its application to this Town the provisions of § 65-a of the Town Law.