[HISTORY: Adopted by the Town Board of the Town of Verona
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-1-1977 by L.L.
No. 2-1977 (Ch. 132, Art. I, of the 1998 Code)]
[Amended 12-5-1983 by L.L. No. 1-1983; 5-4-1998 by L.L. No. 1-1998]
No civil action shall be maintained against the Town of Verona
or the Town Superintendent of Highways for damages or injuries to
person or property sustained by reason of any highway, sidewalk, bridge,
culvert being defective, out of repair, unsafe, dangerous or obstructed
unless written notice of such defective, unsafe, dangerous or obstructed
condition of such highway, sidewalk, bridge 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; but 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, sidewalk, bridge
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.
[Amended 5-4-1998 by L.L.
No. 1-1998[1]]
The Town Superintendent of Highways shall transmit in writing
to the Town Clerk within 10 days after the receipt thereof all written
notices received by him pursuant to this article and Subdivision 2
of § 65-a of the Town Law. The Town Clerk shall cause all
written notices received by him or her pursuant to this article and
Subdivision 2 of § 65-a of the Town Law, to be presented
to the Town Board within 10 days of the receipt thereof or at the
next succeeding Town Board meeting whichever shall be sooner. 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.
This article shall supersede in its application to the Town
of Verona Subdivisions 1 and 3 of § 65-a of the Town Law.
