[Amended 8-19-1997; 4-21-2009 by L.L. No. 1-2009]
No civil action shall be maintained against
the Town of Greece, Monroe County, New York (hereinafter referred
to as the "Town"), or the Commissioner of Public Works of the Town
or against any improvement district in the Town for damages or injuries
to person or property (including those arising from the operation
of snowmobiles) sustained by reason of any highway, bridge, culvert,
highway marking, sign or device or building 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 building
or any other property owned, operated or maintained by the Town or
any property owned, operated or maintained by any improvement district,
specifying the particular place, was actually given to the Town Clerk
of the Town or the Commissioner of Public Works of the Town and there
was thereafter a failure or neglect within a reasonable time to repair
or remove the defect, danger or obstruction complained of; and 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, culvert, driveway, parking lot 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 Commissioner of Public Works of the Town 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.
[Amended 3-17-1992 by L.L. No. 1-1992; 4-21-2009 by L.L. No. 1-2009]
The Commissioner of Public Works 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/her
pursuant to this chapter, and he/she shall take any and all corrective
action with respect thereto as soon as practicable.
[Amended 4-21-2009 by L.L. No. 1-2009]
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 any accumulation of ice and
snow upon any Town highway, bridge, culvert, 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. 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 Commissioner of Public
Works 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
limitation, but, on the contrary, 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, nor to impose upon the Town, its officers
and employees and/or any of its improvement districts any greater
duty or obligation than that it shall keep its streets, sidewalks
and public places in a reasonably safe condition for public use and
travel.