Town of Pleasant Valley, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Pleasant Valley 5-8-1991 by L.L. No. 5-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 79.

§ 69-1 Prior notice of dangerous condition on highways, bridges and culverts.

No civil action shall be maintained against the Town of Pleasant Valley or the Town Superintendent of Highways of the Town of Pleasant Valley, or against any improvement district in the Town of Pleasant Valley, for damages or injuries to person or property sustained by reason of any highway, bridge, culvert or any other property, either real or personal, of any type or description, owned by the Town of Pleasant Valley, or any property owned 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 or any other property owned by the Town of Pleasant Valley, or any property owned by any improvement district, was actually given to the Town Clerk of the Town of Pleasant Valley or the Superintendent of Highways of the Town of Pleasant Valley 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 of Pleasant Valley, or any other property owned by the improvement district in the Town of Pleasant Valley, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Pleasant Valley or the Town Superintendent of the Town of Pleasant Valley 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 receipt of such notice.

§ 69-2 Prior notice of dangerous condition on sidewalks.

No civil action shall be maintained against the Town of Pleasant Valley and/or of the Town Superintendent of Highways of the Town of Pleasant Valley for damages or injuries to person or property sustained by reason of any defect in the sidewalks of the Town of Pleasant Valley, 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 of Pleasant Valley or the Superintendent of Highways of the Town of Pleasant Valley 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 Superintendent of Highways of the Town of Pleasant Valley, and there was a failure or neglect to cause such defect to be remedied, 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.

§ 69-3 Disposition of notices; responsibility for corrective action.

The Town Superintendent of Highways of the Town of Pleasant Valley shall transmit, in writing, to the Town Clerk of the Town of Pleasant Valley, within 10 days after receipt thereof, all written notices received by him/her pursuant to this chapter, and he/she shall take any and all corrective action with respect thereto as soon as possible.

§ 69-4 Index and record of notices.

The Town Clerk of the Town of Pleasant Valley shall keep an index record, in a separate book, of all written notices which he/she 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 a sidewalk, or any other property described in 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. 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 Pleasant Valley of the receipt of such notice.

§ 69-5 Construal of provisions.

Nothing contained in this chapter shall be held to repeal, modify or waive any existing requirement or statute of limitations which is applicable to these causes of actions, but, on the contrary, this chapter shall be held to be additional requirements to the right to maintain such action; nor shall anything herein contained be held to modify any existing rule or law relative to the question of contributory negligence, nor to impose upon the Town of Pleasant Valley, its officers and employees, and any of its improvement districts, any greater duty or obligations that it shall keep its streets and sidewalks fit for public use and travel.