[Adopted 2-8-1993 by L.L. No. 1-1993; amended in its entirety 4-20-1998 by L.L. No.
1-1998]
No civil action shall be maintained against the Town of Eaton
or the Town of Eaton Superintendent of Highways for damages or injuries
to person or property sustained by reason of any highway, bridge,
street, sidewalk, crosswalk 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, bridge,
street, sidewalk, crosswalk 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.
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 highway, bridge, street, sidewalk, crosswalk 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 owner or occupant of lands fronting on, abutting or transacted
by any street, highway, traveled road, public lane, alley or square
shall make, maintain and repair the sidewalk(s) adjoining, abutting
or transacting his lands and shall keep such sidewalk(s) free and
clear of and from snow, ice and all other obstructions. Such owner
or occupant and each of them shall be liable for any injury or damage
by reason of omission, failure or negligence to make, maintain or
repair such sidewalk.
The Town Superintendent of Highways shall transmit, in writing,
to the Town Clerk within five days after the receipt thereof all written
notices received pursuant to this section.
The Town Clerk of the Town of Eaton shall keep an indexed record,
in a separate book, of all written notices which the Town Clerk receives
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, street, sidewalk, crosswalk 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.