[HISTORY: Adopted by the Town Board of the Town of West Bloomfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-10-1996 by L.L. No. 2-1996]
A.Â
No civil action shall be maintained against the Town
of West Bloomfield (hereinafter referred to as the "town") or the Town Superintendent
of Highways 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 any other 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 any other property owned, operated or maintained
by the town, or any property owned, operated or maintained by any improvement
district, was actually given to the Town Clerk of the town or the Town Superintendent
of Highways of the town, and that 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 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 Superintendent of
Highways 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.
B.Â
No civil action will be maintained against the town and/or
the Town Superintendent of Highways of the town for damages or injuries to
person or property sustained by reason of any defect in the sidewalks of the
town 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
or the Superintendent of Highways of the town 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 Clerk of the town or to the Superintendent of Highways of
the town 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 shall transmit, in writing,
to the Town Clerk of the town within 10 days after receipt thereof, all written
notices received by him pursuant to this article, and he shall take any and
all corrective action with respect thereto as soon as practicable.
The Town Clerk of the town shall keep an indexed 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
an accumulation of ice and snow upon any town highway, bridge, culvert or
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 Town Superintendent of Highways of the town of the receipt
of such notice.
Nothing contained in this article shall be held to repeal or modify
or waive any existing requirement or statute of limitations which is applicable
to these causes of action 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 or comparative negligence, nor to impose upon the town, its
officers and employees, and/or any of its improvement districts any greater
duty or obligations than that it shall keep its streets, sidewalks and public
places in a reasonably safe condition for public use and travel.