[HISTORY: Adopted by the Town Board of the Town of Massena: Art.
I, 4-13-1983 by Ord. No. 1-1983. Amendments
noted where applicable.]
[Adopted 4-13-1983 by Ord. No. 1-1983]
No civil action shall be maintained against the Town of Massena or Town
Superintendent of Highways 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 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, in
the absence of such notice, unless such defective, unsafe, dangerous or obstructed
condition existed for so long a period that the same should have been discovered
and remedied in the exercise of reasonable care and diligence; 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 Town Superintendent of Highways 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.
No civil action shall be maintained against the Town of Massena or Town
Superintendent of Highways 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 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 Town 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 shall transmit, in writing, to the
Town Clerk, within 10 days after the receipt thereof, all written notices
received by him pursuant to this section.
The Town Clerk shall keep an indexed record, in a separate book, of
all written notices which he shall receive 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. The record of each notice shall be preserved
for a period of five years after the date it is received.
