[HISTORY: Adopted by the Town Board of the
Town of Chili 4-20-1977 by L.L. No. 3-1977 (Ch. 94, Art. I, of
the 1980 Code); amended in its entirety 12-3-2008 by L.L. No. 4-2008. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification of Town officials — See Ch. 24.
A.Â
No civil actions shall be maintained against the Town
or Town Superintendent of Highways, nor other employees or officers
thereof acting in such capacity, 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, out of repair,
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.Â
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, 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 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.
The written notice hereunder shall contain at
least the following information:
A.Â
Name and mailing address of the person giving notice.
B.Â
A precise statement as to the nature and extent of
any defective, unsafe, dangerous or obstructed condition or the existence
of snow or ice upon any highway, bridge, street, sidewalk, crosswalk
or culvert within the Town of Chili.
C.Â
The approximate date that such condition first became
known to the person giving the notice.
D.Â
The exact location of such condition, giving wherever
possible reference to street address or addresses, utility pole number
or other geographic reference as will aid the Town in properly locating
such condition.
The Town Superintendent of Highways shall transmit
in writing to the Town Clerk within five days after the receipt thereof
all written notices pursuant to this chapter and Subdivision 2 of
§ 65-a of the Town Law. The Town Clerk shall cause all written
notices received pursuant to this chapter and Subdivision 2 of § 65-a
of the Town Law to be presented to the Town Board within five days
of receipt thereof or at the next succeeding Town Board meeting, whichever
shall be sooner.
The Town Clerk shall keep an indexed record
of all notices received pursuant to Town Law § 65-a, Subdivision
4.
This chapter shall supersede, in its application
to the Town of Chili, Subdivisions 1 and 3 of § 65-a of
the Town Law.
