[HISTORY: Adopted by the Town Board of the Town of Wilson as indicated
in article histories. Amendments noted where applicable.]
[Adopted 2-27-1978 by L.L. No. 2-1978]
No civil action shall be maintained against the Town of Wilson 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 or
Town Superintendent of Highways 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.
The Superintendent of Highways for the Town of Wilson shall transmit,
in writing, to the Town Clerk within 10 days after the receipt thereof all
written notices received by him pursuant to this article.
The Town Clerk of the Town of Wilson 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, any
Town highway, bridge, culvert or a sidewalk or any property owned by the Town,
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.
This article supersedes § 65-a, Subdivision 1 of the Town
Law as the same presently exists, insofar as said subdivision provides for
constructive notice of highway, bridge or culvert defects.
