[Adopted 7-7-1977 by L.L. No. 1-1977]
No civil action shall be maintained against any 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, but 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.
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 pursuant to this article 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 article 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.
The Town Clerk shall keep an indexed record, in a separate book, of
all written notices which he or she shall receive of the existence of a defective,
unsafe, dangerous or obstructed condition in or upon or of an accumulation
of snow or ice upon any Town highway, bridge, culvert or sidewalk, which record
shall state the date of the receipt of the notice, the nature and location
of the condition stated to exist and the name and address from whom the notice
is 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 or ice. The record of each notice shall be preserved
for a period of five years after the date it is received.
This article shall supersede in its application to the Town of Subdivisions
1 and 3 of § 65-a of the Town Law.
Any individual, individuals or corporation desirous of conveying ownership
of any road to the Town of Westfield shall so signify their intent by filing
with the Town Highway Superintendent and Town Board plans defining the location,
grade and alignment of said road and a map and description defining the boundaries
of the property to be conveyed to the Town. Said plans shall show the proposed
roadway alignment, grade, cross section and drainage facilities and shall
be prepared by a licensed professional engineer or a licensed land surveyor
where permitted by state law. The Town Board and Highway Superintendent shall
review said information to ascertain whether acceptance for maintenance and
operation is in the best interest of the Town. Should the Town Board and Town
Highway Superintendent agree to accept said roadway, all acceptance shall
be conditional upon the roadway being constructed in accordance with the following
specifications. Failure to construct the roadway and its related appurtenances
in accordance with, or in excess of, these specifications shall cause the
Town Board and Town Highway Superintendent to deny acceptance of the completed
roadway.
The Town Board reserves the right to alter or add to this article at
any time as it deems necessary.