[HISTORY: Adopted by the Town Board of the Town of Dover as indicated
in article histories. Amendments noted where applicable.]
[Adopted 3-14-1983 by L.L.
No. 1-1983]
A.Â
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 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; and no such action shall be maintained 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 or Town 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.
B.Â
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 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 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 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.
A.Â
The written notice shall contain a specific description
of the condition complained of and its precise location.
B.Â
The written notice shall be dated, shall contain the
address of the person giving the notice and shall be signed by such person.
C.Â
The written notice shall be served either personally
or by certified mail.
D.Â
The person receiving such written notice shall mark the
date it was received on the notice itself.
If the Town Superintendent of Highways receives written notice, he or
she shall transmit a copy of such notice, within 10 days after receiving the
same, to the Town Clerk. If the Town Clerk receives written notice, he or
she shall transmit a copy of such notice, within 10 days after receiving the
same, to the Town Superintendent of Highways.
There shall be no substitute for written notice as set forth in this
article. Constructive notice is hereby expressly declared to be insufficient
notice.
The Town Clerk of the town 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. The record of each notice shall be preserved
for a period of five years after the date it is received.
[Adopted 11-14-1988 by L.L.
No. 11-1988]
As used in this article, the following terms shall have the meanings
indicated:
Any established sidewalk or path for pedestrians alongside a public
highway, whether the sidewalk is paved or not.
Every owner of a house, building or lot of land situate in the town
and every agent or such owner who owns real estate in but does not reside
in the town and every person having charge of any unoccupied house, building
or lot of land, church or public building in the town shall keep the whole
of the sidewalk in front of their respective houses, buildings or lots of
land free from snow and ice and shall remove or cause to be removed any and
all snow or ice from such sidewalk within 12 hours after any snowfall.
Upon the failure of the person, corporation, partnership, club, association or government unit responsible therefor to remove such snow or ice or failure to cause the removal thereof as required by § 121-7 and in the event that the snowfall shall exceed the depth of three inches, the Town Superintendent of Highways may, if he or she has available the necessary help and equipment, remove the snow from the sidewalks which have not been cleared. The Superintendent of Highways shall report the cost of removal to the Town Board, which shall levy the cost against the property affected, which sum shall remain a lien against the property until paid.
In addition to the liability for the cost of removal of the snow from sidewalks as provided in § 121-8, the person, corporation, partnership, club, association or government unit will be deemed a civil violator and will be fined $20 for each violation, which penalty shall be cumulative and not exclusive.
It shall be the duty of the owner or occupant of premises in front of
which or adjacent to which there is a fire hydrant to remove snow from around
the hydrant for a distance of two feet in between the sidewalk or the curb
and to keep the fire hydrant free from snow throughout the winter.
The decision by the Town Superintendent of Highways or his or her employees to remove or not to remove snow or the removal of snow by town employees shall not impose any liability upon the town. Also, nothing in this article shall require the Town Superintendent of Highways to remove snow from sidewalks that are not adjacent to property owned by the town. Any such act by the Superintendent of Highways, as provided for in § 121-8, shall be within the sole judgment of said Superintendent, which judgment shall be final.
