This chapter shall hereafter be known as "The Town of Italy Prior Written Notice Local Law."
[HISTORY: Adopted by the Town Board of the Town of Italy 1-6-1981 by L.L. No. 2-1981. Amendments noted where applicable.]
No civil action shall be maintained against the Town of Italy nor the Town of Italy Superintendent of Highways for damages or injuries to persons or property sustained by reason of any Town road or highway, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defect, unsafe, dangerous or obstructed condition of such highway, bridge or culvert was actually given to the Town of Italy 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. 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 Town road or highway, bridge or culvert, unless actual written notice thereof, specifying the particular place, was actually given to the Town of Italy 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, 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.
The written notice of such defect, unsafe, dangerous or obstructed conditions or of the existence of snow or ice shall be given to the Town of Italy Superintendent of Highways by delivering a copy thereof personally to the Superintendent or by leaving the same at the office of the Superintendent located at 915 Italy Valley Road, Naples, NY 14512 or by registered or certified mail directed to the Superintendent at such address. The Town Superintendent of Highways shall transmit in writing to the Town Clerk within ten 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. 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.