Town of Inlet, NY Chapter 118 Notification of Defects

[HISTORY: Adopted by the Town Board of the Town of Inlet 6-10-2003 by L.L. No. 2-2003. Amendments noted where applicable.]

§ 118-1 Written notice of defects required.

A. No civil actions shall be maintained against the Town or Town Superintendent of Highways, nor other employees or offices thereof acting in such capacity, for damages or injuries to person or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk, 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, street, sidewalk, crosswalk, 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.

B. 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, street, sidewalk, crosswalk, 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 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.

§ 118-2 Contents of notice.

The written notice hereunder shall contain at least the following information:

A. Name and mailing address of the person giving notice.

B. A precise statement as to the nature and extent of any defective, unsafe, dangerous, or obstructed condition or the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk, or culvert within the Town of Inlet.

C. The approximate date that such condition first became know to the person giving the notice.

D. The exact location of such condition, giving wherever possible reference to a street address or addresses, utility pole numbers or such other geographical reference as will aid the Town in properly locating such condition.

§ 118-3 Transmittal of 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 pursuant to this chapter and Subdivision 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received 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 or at the next succeeding Town Board meeting, whichever shall be sooner.

§ 118-4 Records.

The Town Clerk shall keep a separate indexed record of all notices received pursuant to Town Law § 65-a, Subdivision 4.

§ 118-5 Supersession of state law.

This chapter shall supersede in its application to the Town of Inlet Subdivisions 1 and 3 of § 65-a of the Town Law.