[Adopted 9-2-2003 by L.L. No. 11-2003[1]]
[1]
Editor's Note: This local law also superseded former Art.
II, Notification of Defects, adopted 4-3-1984 by L.L. No. 2-1984.
A.
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, 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 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.
The written notice hereunder shall contain at least the following
information:
A.
Name and mailing address of the person giving notice.
B.
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 Waterford.
C.
The approximate date that such condition first became known to the
person giving the notice.
D.
The exact location of such condition, giving, wherever possible,
reference to a street address or addresses, utility pole numbers or
such other geographic reference as will aid the Town in properly locating
such condition.
The Town Superintendent of Highways shall transmit in wilting
to the Town Clerk within five days after the receipt thereof all written
notices received pursuant to this article and Subdivision 2 of § 65-a
of the Town Law. The Town Clerk shall cause all written notices received
pursuant to this article 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.
The Town Clerk shall keep a separate indexed record of all notices
received, pursuant to Town Law, § 65-a, Subdivision 4.
This article shall supersede in its application to the Town
of Waterford Subdivisions 1 and 3 of § 65-a of the Town
Law.
