[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.
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.
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.
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.
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.
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.
