[HISTORY: Adopted by the Town Board of the Town of Mount
Hope 4-6-2015 by L.L. No. 2-2015. Amendments noted where applicable.]
A.
No civil actions shall be maintained against the Town of Mount Hope
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.
B.
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 pursuant to this chapter and Subdivision 2 of § 65-a
of the Town Law of the State of New York, 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 a separate indexed record of all such
notices received.
This chapter shall supersede, in its application to the Town
of Mount Hope, Subdivisions 1 and 3 of § 65-a of the Town
Law.
