[HISTORY: Adopted by the Town Board of the Town of Tonawanda 12-22-1986
by L.L. No. 8-1986. Amendments noted where applicable.]
The purpose of this chapter is to provide that no civil action shall
be maintained for damages or injuries in consequence of any streets, sidewalks,
buildings or other facilities being defective, out of repair, unsafe, dangerous,
obstructed or in consequence of any snow or ice thereon unless written notice
was theretofore given and there was a failure to take action within a reasonable
time.
A.
No civil action shall be maintained against the Town
of Tonawanda, any of its districts located therein or any town officer, agent
or employee for damages or injuries to person or property sustained in consequence
of any street, highway, bridge, culvert, sign, highway marking or device,
sidewalk or crosswalk or any town building or facility being defective, out
of repair, unsafe, dangerous or obstructed or in consequence of snow and ice
thereon unless it appears that written notice of such defective, unsafe, dangerous
or obstructed condition, or of the existence of the snow or ice, of such highway,
bridge or culvert was actually given to the Town Clerk or Town Superintendent
of Highways of the Town of Tonawanda 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 or to cause the snow or ice to
be moved or place made otherwise reasonably safe.
B.
Such written notice shall be dated and signed and shall,
among other things, specify the particular place and condition alleged to
be out of repair, unsafe, dangerous or obstructed or the place and extent
of the existence of the snow or ice and shall be actually given to the Town
Highway Superintendent or Town Clerk.
The Town Superintendent of Highways shall transmit in writing to the
Town Clerk, within five days after receipt thereof, all written notices received
by him pursuant to this chapter. The Town Clerk shall cause all written notices
received by him or her pursuant to this chapter to be recorded and preserved
pursuant to Town Law § 65-a, Subdivision 4.
This chapter shall supersede in its application to the Town of Tonawanda
Subdivisions 1 through 3 of § 65-a of the Town Law.
Chapter 183, Article II, Notification of Defects, of the Code of the Town of Tonawanda, New York, originally adopted as Local Law No. 6-1977, as amended, is hereby repealed.
