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