[HISTORY: Adopted by the Town Board of the Town of Tusten 6-8-1998 by L.L. No. 5-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 236.
No civil actions shall be maintained against the Town or Town
Superintendent of Highways 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. 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 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Town Superintendent of Highways shall transmit in writing
to the Town Clerk within five days after the receipt thereof all written
notices received pursuant to this chapter and Subdivision 2 of § 65-a
of the Town Law. The Town Clerk shall cause all written notices received
pursuant to this chapter and Subdivision 2 of § 65-a of
the Town Law to be presented to the Town Board within 10 days of the
receipt thereof or at the next succeeding Town Board meeting, whichever
shall be sooner.
This chapter shall supersede in its application of the Town
of Tusten Subdivisions 1 and 3 of § 65-a of the Town Law.
Town Law § 65-a, Subdivision 4, requires the Town
Clerk to keep a separate indexed record of all such notices received.
In the event of litigation, the Town will be expected to demonstrate
compliance with this provision.
