[HISTORY: Adopted by the Town Board of the Town of Alden as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 22.
Vehicles and traffic — See Ch. 335.
[Adopted 12-6-2010 by L.L. No. 3-2010 (Ch. 19A, Art. I, of the 1981 Code)]
A. 
No civil action shall be maintained against the Town of Alden 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 is actually given to the Clerk of the Town of Alden 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 or, in the absence of such notice, unless such defective, unsafe, dangerous or obstructed condition existed for so long a period that the same should have been discovered and remedied in the exercise of reasonable care and diligence; but 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 or culvert unless written notice thereof, specifying the particular place, was actually given to the Clerk of the Town of Alden or the 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.
B. 
The Town Superintendent of Highways shall transmit in writing to the Clerk of the Town of Alden within 10 days after receipt thereof all written notices received by him pursuant to this article.
C. 
The Clerk of the Town of Alden shall keep an index record, in a separate book, of all written notices which he shall receive pursuant to this article 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 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No civil action shall be maintained against the Town of Alden for damages or injuries to person or property sustained by reason of any property of the Town of Alden, other than as provided in § 304-1 of this article, being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition, specifying the particular place, was actually given to the Clerk of the Town of Alden 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 the defect, danger or obstruction complained of; but no action shall be maintained for danger or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any property unless written notice thereof, specifying the particular place, was actually given to the Clerk of the Town of Alden or the 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 reasonably safe within a reasonable time after receipt of such notice; provided, however, that notwithstanding the provisions of any law defining real property owned by tax title or owned for the purpose of reimbursement of assistance granted, as held and used for a public purpose, and notwithstanding any such notice given, the Town of Alden shall not be liable by reason of such property being defective, out of repair, unsafe or dangerous unless the Town is in the actual physical possession, control and operation thereof as owner or deriving a direct income therefrom and with no greater liability than that imposed upon the individual owner of property.
B. 
The Town Superintendent of Highways shall transmit in writing to the Clerk of the Town of Alden within 10 days after the receipt thereof all written notices received by him pursuant to this section of this article.
C. 
The Clerk of the Town of Alden shall keep an index record, in a separate book, of all written notices which he shall receive, pursuant to this section of this article, of the existence of a defective, unsafe, dangerous or obstructed condition in or upon or of an accumulation of ice or snow upon any property of the Town other than as provided under § 304-1 of this article, 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.
D. 
For the purpose of this section of this article, property of the Town of Alden shall include but not be limited to the interior and exterior of any building owned, operated or controlled by the Town of Alden; parklands; historic sites; recreation areas; scenic sites; overlooks; garages; storage areas; any road, bridge or culvert, other than a highway, bridge or culvert provided for in § 304-1.
A. 
Any claim, including a claim specified in § 65-a of the Town Law of the State of New York, which may be made against the Town of Alden for damages for wrong or injury to person or property or for the death of a person shall be made and served in compliance with § 50-e of the General Municipal Law.
B. 
Every action upon such claim shall be commenced pursuant to the provisions of § 50-i of the General Municipal Law.
C. 
This article shall not apply to actions upon claims for damage or compensation for property taken by condemnation for any public purpose.
The Clerk of the Town of Alden shall transmit a copy of every notice received by him pursuant to this article to the Town Attorney or to the Attorney for the Town and Town Superintendent of Highways, if the Town Superintendent of Highways was not the source of such notice.