[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.
