[HISTORY: Adopted by the Town Board of the Town of New Hartford 4-16-1986
by L.L. No. 3-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 102.
No civil action shall be maintained against the town for damages or
injuries to person or property sustained in consequence of any street, highway,
bridge, culvert, sidewalk, stop sign or crosswalk being defective, out of
repair, unsafe, dangerous or obstructed, unless, previous to the occurrence
resulting in such damages or injury, written notice of the defective, unsafe,
dangerous, obstructed condition of said street, highway, bridge, culvert,
sidewalk, stop sign or crosswalk was actually given to the Highway Superintendent
and that there was a failure or neglect within a reasonable time after the
receipt 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 the person or property sustained solely in consequence of the existence
of snow or ice upon any sidewalk, crosswalk or street, unless
written notice thereof relating to the particular place was actually given
to the Highway Superintendent and there was a failure or neglect to cause
such snow or ice to be removed or the place otherwise made reasonably safe
within a reasonable time after the receipt of such notice.
The town shall not be liable in a civil action for damages or injuries
to person or property or invasion of personal or property rights of any name
or nature whatsoever, whether casual or continuing, arising at law or in equity,
alleged to have been caused or sustained, in whole or in part, by or because
of omission of duty, wrongful act, fault, neglect, misfeasance or negligence
on the part of the town or any of its agents, officers or employees, unless
a notice of claim shall have been made and served in compliance with § 50-e
of the General Municipal Law, or unless an action shall be commenced thereon
within one year after the happening of such act, omission, fault or neglect;
but no action shall be commenced to recover upon or enforce any such claim
against the town until the expiration of three months after the service of
said notice. Nothing herein contained, however, shall be held to revive any
claim or cause now barred by any existing requirement or statute of limitations,
nor to waive any existing limitation now applicable to any claim or cause
of action against the town.
[Added 6-6-2001 by L.L. No.
8-2001]
No civil action shall be maintained against the town or Town Superintendent
of Highways for damages or injuries to person or property sustained by reason
of any defect-obstruction or any unsafe or dangerous condition in its sidewalks
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
or the Superintendent of Highways of the town pursuant to statute, nor shall
any action be maintained for damages or injuries to person or property sustained
by reason of such defect-obstruction or any unsafe or dangerous condition
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 or to
the Town Superintendent of Highways and there was a failure or neglect to
cause such defect-obstruction or any unsafe or dangerous condition 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.
[Added 6-6-2001 by L.L. No.
8-2001]
A.
The notice shall be in writing, sworn to by or on behalf
of the person filing the notice of defect and shall set forth the specific
defect, danger or obstruction complained of and specifying the particular
place.
B.
The notice shall be served on the town by delivering
a copy thereof personally, or by registered or certified mail, to the Town
Clerk, Town Highway Superintendent or to an attorney regularly engaged in
representing such public corporation.
C.
Service by registered or certified mail shall be complete
upon deposit of the notice of claim, enclosed in a post-paid properly addressed
wrapper, in a post office or official depository under the exclusive care
and custody of the United States Post Office Department within the state.
[Added 6-6-2001 by L.L. No.
8-2001]
The Town Superintendent of Highways and Town Attorney shall transmit,
in writing, to the Town Clerk within 10 days after the receipt thereof all
written notices received by him or her pursuant to this action.
[Added 6-6-2001 by L.L. No.
8-2001]
The Town Clerk shall keep an indexed record, in a separate book, of
all written notices which he or she shall receive 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 street, highway, bridge, culvert, crosswalk or
sidewalk, 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 six years after the date it is received.
