[HISTORY: Adopted by the Town Board of the Town of Lowville 10-17-2019 by L.L. No.
1-2019[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 150,
Notification of Defects, adopted 10-12-1978 by L.L. No. 1-1978 (Ch.
140 of the 1994 Code).
No civil actions shall be maintained against the Town or Town
Superintendent of Highways 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. 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.
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 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 Lowville Subdivisions 1 and 3 of § 65-A of the Town Law.
