[HISTORY: Adopted by the Town Board of the Town of Montour 2-14-1995 by L.L. No. 1-1995 . Amendments noted where applicable.]
No civil action shall be maintained against the Town for damages or injuries to person or property sustained by reason of any highway, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed unless:
Written notice of such defective, unsafe, dangerous or obstructed condition was received by the Town Clerk or the 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.
No such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow and ice upon any highway, bridge or culvert, unless:
Written notice thereof, specifying the particular place, was actually received by the Town Clerk or Town Highway Superintendent; 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.
Any written notice served upon either the Town Clerk or the Town Superintendent of Highways pursuant to this chapter shall not be deemed a sufficient notice unless it is submitted on the official form of the Town. Such form shall be available free of charge from the office of the Town Clerk.
The Town Highway Superintendent shall transmit, in writing, to the Town Clerk within 10 days after the receipt thereof all written notices received pursuant to § 134-1 of this chapter.
The Town Clerk shall keep an indexed record, in a separate book, of all written notices, which said Clerk shall receive pursuant to such chapter, 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 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. All such written notices shall be indexed according to the location of the alleged defective, unsafe, dangerous or obstructed condition, or the location of accumulated snow or ice. The record of each notice shall be preserved for a period of five years after the date it is received.