Town of Naples, NY
Ontario County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Naples 9-14-1992 by L.L. No. 3-1992. Amendments noted where applicable.]

§ 93-1 Legislative intent and authority.

The purpose of this chapter is to provide that no action or proceeding shall be maintained against the Town of Naples for damages or injuries resulting from alleged defect, lack of repair, unsafe or dangerous condition, obstruction or accumulation of snow or ice unless the town has received prior written notice of same.

§ 93-2 Short title.

This chapter shall be known as the "Town of Naples Prior Written Notice Law."

§ 93-3 Notice provisions.

A. 
No civil action shall be maintained against the Town of Naples nor the Superintendent of Highways of the Town of Naples for damages or injuries to persons or property sustained by reason of any town road or highway, bridge or culvert, sidewalk or crosswalk, or any other land or property owned, operated or under the control of the town being defective, out of repair, unsafe, dangerous or obstructed unless written notice thereof, specifying the particular place of such defect, unrepaired, unsafe, dangerous or obstructed condition, was actually given to the Town Clerk of the Town of Naples, and that there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, unrepaired, unsafe, dangerous or obstructed condition complained of. 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 town road or highway, bridge or culvert, sidewalk or crosswalk, or any other land or property owned, operated or under the control of the town, unless actual written notice thereof, specifying the particular place of such existence of snow or ice was actually given to the Town Clerk of the Town of Naples 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. 
The written notice of such defect, unrepaired, unsafe, dangerous or obstructed conditions or of the existence of snow or ice shall be given to the Town Clerk of the Town of Naples by delivering a copy thereof personally to the Town Clerk by leaving the same at the office of the Town Clerk located at 106 South Main Street, Naples, New York 14512, or by registered or certified mail directed to the Town Clerk at such address.
C. 
The Town Clerk of the Town of Naples shall establish and maintain at the Clerk's office a book or binder entitled "Notice of Defects, etc." in which shall be placed and maintained the originals of each such written notice including a statement attached to each notice as to the time and date it was received. The "Notice of Defects, etc." book or binder shall be available at the Town Clerk's office for public inspection at all times during regular business hours. All such written notices shall be indexed according to the location of the alleged defective, unrepaired, unsafe, dangerous or obstructed condition or the location of accumulated ice or snow.
D. 
The Town Clerk shall, immediately upon receipt of such a written notice, deliver or cause to be delivered a copy thereof to the Superintendent of Highways of the Town of Naples, who shall also maintain a file of such notices.