[HISTORY: Adopted by the Town Board of the Town of Rush 7-8-1975 by L.L. No. 2-1975. Amendments noted where applicable.]
[Amended 3-10-2004 by L.L. No. 3-2004;9-13-2023 by L.L. No. 7-2023]
No civil action shall be maintained against the Town or the Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, street, 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, street, bridge or culvert was actually given to the Town Clerk or the Town Superintendent of Highways, 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, nor 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, street, bridge or culvert, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or the 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.
[Added 3-10-2004 by L.L. No. 3-2004]
No civil action shall be maintained against the Town or the 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 or to the Town Superintendent of Highways, 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.
[Amended 3-10-2004 by L.L. No. 3-2004]
The Town Clerk of the Town of Rush shall keep an index record, in a separate book, of all written notices which the Clerk 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 or culvert or any property of any improvement district, 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 said 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.
The Town Clerk of the Town of Rush shall transmit in writing to the Town Superintendent of Highways of the Town of Rush upon recording said notice pursuant to § 80-4 hereof, and in any event within 10 days after receipt thereof, all written notices received by the Clerk pursuant to this chapter.
Nothing contained in this chapter shall be held to repeal or modify or waive any existing requirement or statute of limitations which is applicable to these clauses or actions but, on the contrary, shall be held to be additional requirements to the right to maintain such action. Nothing contained in this chapter shall be held to modify any existing rule of law relating to the question of contributing negligence, nor to impose upon the Town of Rush and/or any of its improvement districts any greater duty or obligation than that it shall keep its streets, sidewalks and public places in a reasonably safe condition for public use and travel.
[Added 9-13-2023 by L.L. No. 7-2023]
For the purposes of this chapter, prior written notice of any defects shall be satisfied only if: i) personally delivered; or ii) delivered by mail via registered or certified mail to the Town Clerk or Town Superintendent.