[HISTORY: Adopted by the Town Board of the Town of Montour 2-14-1995 by L.L. No. 1-1995 . Amendments noted where applicable.]
A.
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:
(1)
Written notice of such defective, unsafe, dangerous or obstructed
condition was received by the Town Clerk or the Town Superintendent
of Highways; and
(2)
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
and ice upon any highway, bridge or culvert, unless:
(1)
Written notice thereof, specifying the particular place, was actually
received by the Town Clerk or Town Highway Superintendent; and
(2)
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.
