[Adopted 7-13-1977 by L.L. No. 4-1977]
[Amended 2-6-2012 by L.L.
No. 2-2012]
No civil action shall be maintained against
the Town or Town Superintendent of Highways for damages or injuries
to person or property sustained by reason of any parking lot, highway,
sidewalk, 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 parking lot, highway, sidewalk,
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; 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 parking lot,
highway, sidewalk, 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.
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 article and Subdivision
2 of § 65-a of the Town Law. The Town Clerk shall cause
all written notices received by him or her pursuant to this article
and Subdivision 2 of § 65-a of the Town Law to be presented
to the Town Board within five days of the receipt thereof or at the
next succeeding Town Board meeting, whichever shall be sooner.
This article shall supersede in its application
to the Town of Ramapo Subdivisions 1 and 3 of § 65-a of
the Town Law.
[Added 2-6-2012 by L.L.
No. 2-2012]
The Town Clerk shall keep an indexed record,
in a separate book, of all written notices which he/she 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 parking
lot, highway, sidewalk, bridge or culvert, 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. All such written notices shall be
indexed according to the location of the alleged defective, unsafe,
dangerous or obstructed condition, or the location of accumulated
snow or ice. The record of each notice shall be preserved for a period
of five years after the date it is received.
