[Adopted 6-13-1977 by L.L. No. 5-1977]
[Amended 5-9-1988 by L.L. No.1-1998]
No civil action shall be maintained against
the Town or any Town official for damages or injuries to person or
property sustained by reason of any highway, bridge, culvert or other
property owned, leased or controlled by the Town 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 or other property owned, leased or controlled
by the Town was actually given to the Town Clerk or Town Superintendent
of Highways 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 person or property sustained solely in
consequence of the existence of snow, ice, defect or defective condition
of any property owned, leased or controlled by the Town or 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.
The Town Superintendent of Highways shall transmit,
in writing, to the Town Clerk, within five days after the receipt
thereof, all written notices received by him or her pursuant to this
chapter and Subdivision 2 of § 65-a of the Town Law. The
Town Clerk shall cause all written notices received by him or her
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.
This chapter shall supersede, in its application
to the Town of Salina, Subdivisions 1 and 3 of § 65-a of
the Town Law.
[Added 5-27-1997 by L.L. No. 2-1997]
The Town Clerk shall keep an indexed record,
in a separate book, of all written notices he or she receives pertaining
to the existence of a defective, unsafe, dangerous or obstructed condition
in or upon or of an accumulation of ice and 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 persons from whom the notice
was received. All such written notices shall be indexed according
to the location of the alleged defective, unsafe, dangerous or obstructed
condition or the location of accumulated snow and ice. The record
of each notice shall be preserved for a period of five years after
the date it is received.
