[HISTORY: Adopted by the Town Board of the
Town of Bergen 3-10-1982 by L.L. No. 1-1982. Amendments noted where
applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 431.
No civil action shall be maintained against
the Town or Town Superintendent of Highways for damage or injuries
to person or property sustained by reason of any highway, bridge,
culvert or sidewalk being defective, out of repair, unsafe, dangerous,
obstructed or by reason of the existence of snow or ice upon any such
highway, bridge, culvert or sidewalk unless written notice of such
condition was actually given to the Town Clerk or Town Superintendent
of Highways, 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 make the place otherwise
reasonably safe.
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 chapter. The
Town Clerk shall keep an indexed record, in a separate book, of all
written notices which shall be received by the Clerk of the existence
of a defective, unsafe, dangerous or obstructed condition in or upon,
or of an accumulation of ice or snow upon any Town highway, bridge,
culvert or sidewalk, 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. Record of each notice shall be preserved for a period
of five years after the date it is received.
This chapter shall supersede in its application
to this Town the provisions of § 65-a of the Town Law.
