Town of Royalton, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Royalton 8-11-2003 by L.L. No. 1-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 158.

§ 100-1 Intent.

No civil action shall be maintained against the Town of Royalton for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructed or for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk, street, highway bridge or culvert unless written notice of the defective, unsafe, dangerous or obstructed condition or of the existence of the snow or ice, relating to the particular place, was actually given to the Town Clerk and there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remove the defect, danger or obstruction complained of or to cause the snow or ice to be removed or the place otherwise made reasonably safe.

§ 100-2 Procedure.

Any person desirous of giving a written notice in accordance with this chapter shall either:
A. 
Cause such written notice in duplicate to be delivered personally to the Town Clerk, who shall file the original and acknowledge receipt of the same on the duplicate thereof, returning the duplicate to the person filing the same; or
B. 
Cause such written notice, in duplicate, to be mailed to the Town Clerk, postage prepaid, by either certified or registered mail, return receipt requested, upon receipt of which the Town Clerk shall file the original and acknowledge receipt of same or the duplicate thereof, returning the duplicate to the person who mailed the same at the address provided.

§ 100-3 Contents of notice.

The written notice hereunder shall contain at least the following information:
A. 
Name and mailing address of the person giving the notice.
B. 
A precise statement as to the nature and extent of any defective or dangerous condition, need or repair, unsafe or obstructed condition or the existence of snow or ice upon any street, highway, bridge, culvert, sidewalk or crosswalk within the Town of Royalton.
C. 
The approximate date that such condition first became known to the person giving the notice.
D. 
The exact location of such condition giving, wherever possible, reference to a street address or addresses, utility pole numbers or such other geographic reference as will aid the Town in properly locating such condition.

§ 100-4 Filing.

Immediately upon receipt of a notice under this chapter, the Town Clerk shall cause the original thereof to be filed in a separate file maintained by the Town Clerk solely for this purpose, and the Town Clerk shall cause a copy of such notice to be directed to the department head whom the Town Clerk deems responsible for the correction of such condition.

§ 100-5 Records.

The Town Clerk shall keep an indexed record, in a separate book, of all written notices received pursuant to this chapter, as required by § 65-a, Subdivision 4, of the Town Law.

§ 100-6 Supersession of Town Law.

This chapter shall supersede, in its application to the Town of Royalton, Subdivisions 1 and 3 of § 65-a of the Town Law.