Town of Cobleskill, NY
Schoharie County
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[HISTORY: Adopted by the Town Board of the Town of Cobleskill 5-11-1992 by L.L. No. 1-1992. Amendments noted where applicable.]
[Amended 10-3-2011 by L.L. No. 2-2011]
No civil action shall be maintained against the Town of Cobleskill or the Town of Cobleskill Superintendent of Highways or any other officer, agent, employee or appointee of the Town of Cobleskill for damages or injuries to person or property sustained by reason of any property owned, operated, maintained or controlled by the Town of Cobleskill being defective, out of repair, unsafe, dangerous, or obstructed unless written notice of such defective, unsafe, dangerous or obstructive condition of such property was actually given to the Town Clerk or the Superintendent of Highways and there was failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of.
No action shall be maintained for damages or injuries to person or properties sustained in consequence of the existence of snow or ice upon any property owned, operated, maintained or controlled by the Town of Cobleskill unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or the 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.
The property referred to in §§ 98-1 and 98-2 shall include all property owned, operated, maintained, controlled or leased by the Town of Cobleskill, its officers, appointees, employees or agents of whatever nature, both real and personal, wherever situated, whether over or under the ground and shall include, but shall not be limited to, streets, roadways, highways, walkways, foot paths, bike paths, sidewalks, bridges, culverts, sluices, traffic control signs or devices, poles, standards, gravel pits, driveways, parking lots, buildings or other structures, equipment, vehicles, landfills, wastewater treatment facilities, pump stations, fire hydrants, streams or bodies of water, parks, playgrounds, pavilions, recreation areas, skating rinks, swimming or wading pools, water lines, sewer lines or other utilities, and boating facilities. The examples enumerated above are illustrative and not exclusive.
The written notice required by this chapter shall contain the full name and address of the person giving such notice, the specific location of the condition complained of and the nature of the condition complained of.
The 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 of any such condition of Town property, which records shall be indexed according to the location of the alleged condition and shall show at the date of receipt of each notice the nature and location of the condition complained of and the name and address of the person from whom notice was received. The record of each notice shall be preserved for a period of five years.
This chapter shall, in its application to the Town of Cobleskill, supersede § 65-a of the Town Law.