[HISTORY: Adopted by the Town Board of the Town of Onondaga 2-7-1983 by L.L. No.
1-1983. Amendments noted where applicable.]
A.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular, words used in the singular number include the plural,
and words used in the masculine include the feminine.
B.
TOWN
TOWN HIGHWAY
TOWN PROPERTY
UNSAFE CONDITION
For the purposes of this chapter, the following words, phrases and
terms and their derivations shall have the meanings given herein:
The Town of Onondaga. This definition shall also include
all special districts of the Town of Onondaga established prior to
and subsequent to the effective date of this chapter.
A highway maintained by the Town or the Town Superintendent
of Highways, whether or not such highway has been formally dedicated
to the Town. This definition shall include bridges, shoulders, curbs,
gutters, culverts, signs and other traffic control devices and all
other things appurtenant to a highway.
All Town highways, sidewalks, parking areas, playgrounds,
parks and all other real property owned, leased, used, occupied or
maintained by the Town or over or through which the Town has an easement
or right-of-way and all buildings, structures and appurtenances thereto
owned, leased, used, occupied or maintained by the Town.
Any defective, hazardous, dangerous or obstructed condition,
including such conditions as may have been created by an act or omission
of an employee or officer of the Town, and including such conditions
as may result from inadequate or improper design, maintenance or repair
or from the existence of snow or ice.
A.
No civil action shall be brought or maintained against the Town,
the Superintendent of Highways of the Town or any other Town officer
or employee for damages or injuries to person or property sustained
by reason of any Town property being in an unsafe condition unless
written notice of such condition was actually given to the Town Clerk
or Superintendent of Highways and there was a failure or neglect within
a reasonable period of time after the receipt of such notice to repair,
remedy or remove the unsafe condition complained of.
B.
The notice required in the preceding Subsection A shall be in writing, shall contain the name, address and signature of the person making the complaint and shall specify the particular place where the unsafe condition is located and the nature of said condition.
C.
The Town Superintendent of Highways shall transmit to the Town Clerk,
within five days after the receipt thereof, all notices received by
them pursuant to this chapter and Subdivision 2 of § 65-a
of the Town Law. The Town Clerk shall cause all written notices received
pursuant to this chapter and Subdivision 2 of § 65-a of
the Town Law, to be presented to the Town Board within five days of
receipt thereof or at the next succeeding Town Board meeting, whichever
shall be sooner.
[Amended 5-2-2011 by L.L.
No. 2-2011; 1-4-2023 by L.L. No. 1-2023]
D.
The Town Clerk shall keep and maintain an indexed record of all written
notices received pursuant to this chapter, which record shall state
the date of the receipt of the notice, the nature and location of
the conditions stated to exist and the name and address of the person
from whom the notice is received. The record of each notice shall
be preserved for a period of at least five years after the date it
is received.
E.
This chapter shall not be construed as creating or allowing any cause
of action or substantive liability against the Town or any of its
officers or employees which would not otherwise exist in the absence
of this chapter. This chapter shall supersede in its application to
the Town of Onondaga Subdivisions 1 and 3 of § 65-a of the
Town Law.
[Amended 1-4-2023 by L.L. No. 1-2023]
