Town of Sullivan, NY
Madison County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Sullivan 11-6-1985 by L.L. No. 8-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 23.
It is the purpose of this chapter to provide that prior written notice of a highway defect is required to maintain a civil action against the Town of Sullivan or the Town of Sullivan Superintendent of Highways.
This chapter shall apply to all areas within the jurisdiction of the Town of Sullivan, outside the Village of Chittenango.
No civil action shall be maintained against the Town of Sullivan or the Town of Sullivan Superintendent of Highways 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 of such highway, bridge or culvert was actually given to the Town Clerk of the Town of Sullivan or the Town of Sullivan Superintendent of Highways, and that 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 civil action shall be maintained against the Town of Sullivan or the Town of Sullivan Superintendent of Highways 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 Town Clerk of the Town of Sullivan or the Town of Sullivan 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.
The Town Superintendent of Highways shall transmit, in writing, to the Town Clerk within five days after the receipt thereof all written notices received by him pursuant to this chapter and Subdivision 2 of § 65-a of the Town Law, to be presented to the Town Board within five days of the receipt thereof at the next succeeding Town Board meeting whichever shall be sooner.
The Town Clerk shall keep an indexed record, in a separate book, of all written notices which he 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 highway, bridge, culvert 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. 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]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
This chapter shall supersede in its application to the Town of Sullivan Subdivisions 1 and 3 of § 65-a of the Town Law.