[Adopted 9-8-1986 by L.L. No. 1-1986]
A.Â
No civil action shall be maintained against the Town
of Fort Edward for damages 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 Clerk of the Town of Fort Edward
or the Town Highway Superintendent 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.
B.Â
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 received by the Clerk of the
Town of Fort Edward or the 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 receipt of such notice.
The Highway Superintendent of the Town of Fort Edward shall transmit, in writing, to the Clerk of the Town of Fort Edward, within 10 days after the receipt thereof, all written notices received by said Highway Superintendent pursuant to § 85-1 of this chapter.
The Clerk of the Town of Fort Edward 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. The record of each
notice shall be preserved for a period of five years after the date it is
received.
