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Town of Athens, NY
Greene County
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[Adopted 7-8-1991 by L.L. No. 1-1991]
[Amended 9-25-2000 by L.L. No. 3-2000]
No civil action shall be maintained against the Town of Athens or the Town Superintendent of Highways of the Town of Athens or against any improvement district in the Town of Athens for damages or injuries to person or property sustained by reason of any highway, bridge, culvert, sidewalk, crosswalk or any other property owned by the Town of Athens or any property owned by any improvement district being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert, sidewalk, crosswalk or any other property owned by the Town of Athens or any property of such improvement district was actually given to the Town Clerk of the Town of Athens or the Town Superintendent of Highways of the Town of Athens 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, and no such action shall be maintained for damages or injuries sustained by persons or to property solely in consequence of the existence of snow or ice upon any highway, bridge, culvert, sidewalk, crosswalk or any other property owned by the Town of Athens or any property owned by any improvement district in the Town of Athens unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Athens or the Town Superintendent of Highways of the Town of Athens 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.
[Amended 9-25-2000 by L.L. No. 3-2000]
The Superintendent of Highways of the Town of Athens shall furnish, in writing, to the Town Clerk of the Town of Athens, within 10 days after receipt thereof, all written notices received by the Superintendent of Highways pursuant to this article.
The Town Clerk of the Town of Athens shall keep an index record, in a separate book, of any written notices which he or she shall receive, 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. The record of each notice shall be preserved for a period of five years after the date it is received. Such notices themselves shall also be kept for five years.
The Town Clerk of the Town of Athens shall furnish in writing to the Town Superintendent of Highways of the Town of Athens, upon recording said notice pursuant to § 150-8 hereof, and in any event within 10 days after receipt thereof, a copy of any written notice received by him or her as described in § 150-6 of this article.
Nothing contained in this article shall be held to repeal or modify or waive any existing requirements or statute of limitations which is applicable to any action as described in § 150-6 of this article, but, on the contrary, this article shall be held to be additional requirements to the right to maintain such action, nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence or comparative negligence nor to impose upon the Town of Athens and any of its improvement districts any greater duty or obligation than it shall keep its streets, sidewalks and other public places in a reasonably safe condition for public use and travel.