[HISTORY: Adopted by the Town Board of the Town of Greenwich 12-10-1996
by L.L. No. 2-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Street design standards — See Ch. 165.
This chapter is enacted pursuant to the provisions of § 64
of the Town Law of the State of New York.
No civil actions shall be maintained against the Town of Greenwich 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 to after the giving of such
notice to repair or remove the defect, danger or obstruction complained of.
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 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.
As used in this chapter, the following terms shall have the meanings
indicated:
- ACTUAL WRITTEN NOTICE
- A written notice which states, with particularity, the exact nature and location of the complained of condition and which is actually given to either the Town Clerk or Town Superintendent of Highways.
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 and Subdivision 2 of § 65-a
of the Town Law.
A.
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 the receipt thereof
or at the next succeeding Town Board meeting, whichever shall be sooner.
B.
The Town Clerk shall keep an indexed record, in a separate
book, of all written notices which he or she shall receive of the existence
of a defective, out of repair, unsafe, dangerous or obstructed condition in
or upon, or of an accumulation of ice or snow upon, any Town highway, bridge,
street, sidewalk, crosswalk or culvert, 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.
This chapter shall supersede in its application of the Town of Greenwich
Subdivisions 1 and 3 of § 65-a of the Town Law.
