[HISTORY: Adopted by the Town Board of the Town of Naples 9-14-1992
by L.L. No. 3-1992. Amendments noted where applicable.]
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.
This chapter shall be known as the "Town of Naples Prior Written Notice
Law."
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.
