[HISTORY: Adopted by the Town Board of the Town of Eaton as indicated in article histories. Amendments noted where applicable.]
[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.
A. 
It is the intent of this article, pursuant to Municipal Home Rule Law § 10, Subdivision 1(ii)d(3), to supersede so much of Town Law § 65a, Subdivision 1, that provides that "... 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; but. ..." It is the intent of this supersession by this article to make the requirement contained in said Town Law § 65-a, Subdivision 1, of written notice of any defective, out of repair, unsafe, dangerous or obstructed highway, bridge or culvert absolute and qualified.
B. 
It is the further intent of this article, pursuant to Municipal Home Rule Law § 10, Subdivision 1(ii)d(3), to supersede so much of Town Law § 65-a, Subdivision 1, that requires the Town Superintendent of Highways to transmit to the Town Clerk all written notices received, within 10 days after the receipt thereof.