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Town of West Seneca, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of West Seneca 9-20-1982. Amendments noted where applicable.]
[Amended 1-22-1990]
No civil action shall be maintained against the Town of West Seneca, hereinafter referred to as the "town," or the Town Superintendent of Highways of the town or against any improvement district in the town for damages or injuries to persons or property sustained by reason of any highway, bridge, culvert, highway marking, sign or device, sidewalk or crosswalk or any other property owned, operated or maintained by the town, or any property owned, operated or maintained 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 highway, bridge, culvert, highway marking, sign or device, sidewalk or crosswalk or any other property owned, operated or maintained by the town, or any property owned, operated or maintained by any improvement district, was actually given to the Town Clerk of the town or the Town Superintendent of Highways of the town and there was a failure or neglect within a reasonable time after 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 highway, bridge, culvert, sidewalk or crosswalk or any other property owned by the town or any property owned by any improvement district in the town unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the town or the Town Superintendent of Highways of the town 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 1-22-1990]
The Town Superintendent of Highways shall transmit in writing to the Town Clerk, within five (5) days after the receipt thereof, all written notices received by him or her pursuant to this chapter and § 65-a of the Town Law.
[Amended 1-22-1990]
The Town Clerk of the town shall cause all written notices received by him or her pursuant to this chapter to be recorded and preserved pursuant to Subdivision 4 of § 65-a of the Town Law.
This chapter shall supersede in its application to the Town of West Seneca, Erie County, New York, Subdivisions 1 and 3 of § 65-a of the Town Law.
This chapter does not affect or impair any act done or right accruing, accrued or acquired or liability, penalty, forfeiture or punishment incurred, asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if such law had not been effected.
[Added 1-22-1990]
The Notice of Defects Ordinance, Chapter 83, Part II, of the Code of the Town of West Seneca, New York, originally adopted, is hereby amended.
[Added 1-22-1990]
If any clause, sentence, paragraph or part of this chapter or application thereof to any person or circumstances shall be adjudged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof or the application thereof to other persons and circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.