No civil action shall be maintained against the Town of Evans (hereinafter
referred to as "the town") or the Superintendent of Highways of the Town or
against any improvement district in the Town for damage or injuries to person
or property sustained by reason of any highway, bridge, culvert, highway markings,
sign or device or any other property owned, operated or maintained by the
Town or any property owned, operated or maintained by any improvement district
therein being defective, out of repair, unsafe, dangerous or obstructed unless
written notice of such defective, unsafe, dangerous or obstructed condition
of such highway, bridge, culvert, highway marking, sign or device or any other
property owned, operated or maintained by the Town or any property owned,
operated or maintained by any improvement district was actually given to the
Town Clerk of the Town or the Superintendent of Highways of the Town 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,
and no such action shall be maintained for damages or injuries to persons
or property sustained solely in consequence of the existence of snow or ice
upon any highway, bridge, culvert or any other property owned by the Town
or any property owned by any improvement district in the Town unless written
notice thereof, specifying the particular place, was actually given to the
Town Clerk of the Town or the Town Superintendent of Highways of the Town
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.
No civil action shall be maintained against the Town and/or the Superintendent
of Highways of the Town for damages or injuries to person or property sustained
by reason of any defect in the sidewalks of the Town or in consequence of
the existence of snow or ice upon any of its sidewalks unless such sidewalks
have been constructed or are maintained by the Town or the Superintendent
of Highways of the Town pursuant to statute, nor shall any action be maintained
for damages or injuries to person or property sustained by reason of such
defect or in consequence of such existence of snow or ice unless written notice
thereof, specifying the particular place, was actually given to the Town Clerk
of the Town or to the Town Superintendent of Highways of the Town and there
was a failure or neglect to cause such defect to be remedied or 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 of the Town shall transmit, in writing,
to the Town Clerk of the town, within 10 days after receipt thereof, all written
notices received by him pursuant to this chapter, and he shall take any and
all corrective action with respect thereto as soon as practicable.
[Amended 12-15-1993 by L.L. No. 13-1993]
The Town Clerk of the Town shall keep an index record, in a separate
book, of all written notices which the Town Clerk shall receive of the existence
of a defective, unsafe, dangerous or obstructed condition in or upon, or of
an accumulation of ice and snow upon, any Town highway, bridge, culvert or
sidewalk or any other property owned by the Town or by any improvement district,
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 of
the person from whom the notice is received. All 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, pursuant to the amendment
to Subdivision 4 of § 65-a of the Town Law by Chapter 603 of the
Laws of 1987. The record of such notice shall be preserved for a period of
five years from the date it is received. The Town Clerk, upon receipt of such
written notice, shall immediately and in writing notify the Town Superintendent
of Highways of the Town of the receipt of such notice.
Nothing contained in this chapter shall be held to repeal or modify
or waive any existing requirement or statute of limitations which is applicable
to these causes of action, but, on the contrary, the requirements hereof shall
be held to be additional requirements to the rights to maintain such action,
nor shall anything herein contained be held to modify any existing rule of
law relative to the question of contributory negligence or to impose upon
the town, its officers and employees and/or any of its improvement districts
any greater duty or obligations than that to which it would be held, this
chapter notwithstanding.