Town of Urbana, NY
Steuben County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Urbana 2-13-1984 by L.L. No. 1-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 7.
Superintendent of Highways — See Ch. 28.
Public access to records — See Ch. 81.
No civil action shall be maintained against the Town of Urbana or the Town Highway Superintendent of the Town of Urbana or against any improvement district in the Town of Urbana for damages or injuries to person or property sustained by reason of any street, road, bridge, culvert or any other property owned by the Town of Urbana or any property owned by any improvement district therein being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such street, road, bridge, culvert or any other property owned by the Town of Urbana or any property owned by any improvement district was actually given to the Town Clerk of the Town of Urbana or the Town Highway Superintendent of the Town of Urbana 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; and no such action shall be maintained for damages or injuries to persons or property sustained solely in consequence of the existence of snow or ice upon any street, road, bridge, culvert or any other property owned by the Town of Urbana or any property owned by any improvement district in the Town of Urbana unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Urbana or the Town Highway Superintendent of the Town of Urbana 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.
No civil action shall be maintained against the Town of Urbana and/or the Town Highway Superintendent of the Town of Urbana for damages or injuries to person or property sustained by reason of any defect in the sidewalks of the Town of Urbana or in consequence of the existence of snow or ice upon any of its sidewalks unless such sidewalks have been constructed or are maintained by the Town of Urbana or the Town Highway Superintendent of the Town of Urbana pursuant to law, nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defect or in consequence of such existence of snow or ice unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Urbana or the Town Highway Superintendent of the Town of Urbana and there was a failure or neglect to cause such defect to be remedied, 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 Town Highway Superintendent of the Town of Urbana shall transmit, in writing, to the Town Clerk of the Town of Urbana, within 10 days after receipt thereof, all written notices received by him pursuant to this chapter, and he shall take any and all corrective action with respect thereto as soon as possible.
A. 
The Town Clerk of the Town of Urbana shall keep an index record in a separate book of all written notices which she shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon or of any accumulation of ice and snow upon any town street, road, bridge, culvert or sidewalk or any other property owned by the Town of Urbana or by any improvement district, which record shall state the date of the 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.
B. 
The record of such notice shall be preserved for a period of five years from the date it is received.
C. 
The Town Clerk, upon receipt of such written notice, shall immediately and in writing notify the Town Highway Superintendent of the Town of Urbana of the receipt of such notice.
Nothing contained in this chapter shall be held to repeal or modify or waive any existing requirement or statute of limitations which is applicable to these causes of action but, on the contrary, shall be held to be additional requirements to the right to maintain such action, nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence nor to impose upon the Town of Urbana, its officers and employees and/or any of its improvement districts any greater duty or obligation than that it shall keep its streets, roads, sidewalks and public places in a reasonably safe condition for public use and travel.