[Adopted 6-20-1984 by L.L. No. 6-1984]
No action or special proceeding shall be prosecuted
or maintained against the Town of Rotterdam for personal injury or
damages to real or personal property alleged to have been sustained
by reason of any street, highway, bridge, culvert, sidewalk or crosswalk
being out of repair, unsafe, dangerous or obstructed, or in consequence
of the existence of snow or ice thereon, unless it appears that the
written notice of the defective, unsafe, dangerous or obstructed condition,
or the existence of snow or ice, was actually given to the Town Clerk
or the Town Superintendent of Highways, and there was a failure or
neglect within a reasonable time after the giving of such notice to
report or remove the defect, danger or obstruction complained of,
or to cause the snow or ice to be removed, or the place otherwise
made reasonably safe.
[Amended 7-9-2003 by L.L. No. 9-2003]
The Town Clerk and the Town Superintendent of
Highways shall keep an indexed record, in a separate book, of all
notices which it shall receive of the existence of such defective,
unsafe, dangerous or obstructed conditions, or of such snow or ice,
which record shall state the date of 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 such written notices
shall be indexed according to the location of the alleged defective,
unsafe, dangerous or obstructed condition, or the location of accumulated
now or ice. The record of each notice shall be preserved for a period
of five years after the date it is received.
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 article and Subdivision
2 of § 65-a of the Town Law, to be presented to the Town
Board within five days of the receipt or at the next succeeding Town
Board meeting, whichever shall be sooner.
This article shall supersede, in its application
to the Town of Rotterdam, Subdivisions 1 and 3 of § 65-a
of the Town Law.
