Town of Cortlandt, NY Chapter 64 Notification of Defects

[HISTORY: Adopted by the Town Board of the Town of Cortlandt 4-16-2013 by L.L. No. 1-2013.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Streets and sidewalks — See Ch. 261.

[1] Editor's Note: This local law also repealed former Ch. 64, Notification of Highway Defects, adopted 4-14-1981 by L.L. No. 1-1981.

§ 64-1 Prior notice of defective highway, bridge or culvert.

No civil action shall be maintained against the Town of Cortlandt or its Director of Environmental Services for damages or injuries to person or property sustained by reason of any highway, bridge 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 or culvert was actually given to the Town Clerk or Director of Environmental Services and there was a failure or neglect within a reasonable amount of time after the giving of such notice to repair or remove the defect, danger or obstruction complained of, but 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 or culvert, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Director of Environmental Services 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 the receipt of such notice.

§ 64-2 Prior notice of defective sidewalks.

No civil action shall be maintained against the Town of Cortlandt or its Director of Environmental Services for damages or injuries to person or property sustained by reason of any defect in its sidewalks 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 Cortlandt or its Director of Environmental Services pursuant to statute, nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defector in consequence of such existence of snow or ice unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or to the Town Director of Environmental Services 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.

§ 64-3 Transfer of written notice to Clerk.

The Director of Environmental Services shall transmit in writing to the Town Clerk within 10 days after the receipt thereof all written notices received by him pursuant to this chapter.