[HISTORY: Adopted by the Town Board of the Town of Urbana 2-13-1984 by L.L. No. 1-1984. Amendments noted where applicable.]
[Amended 8-20-2019 by L.L. No. 3-2019]
No civil actions shall be maintained against the Town or Town
Superintendent of Highways for damages or injuries to person or property
sustained by reason of any highway, bridge, street, sidewalk, crosswalk
or culvert or any other property owned by the Town of Urbana, 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 in consequence of the existence of
snow or ice upon highway, bridge, street, sidewalk, crosswalk, culvert
or any other property owned by the Town of Urbana, 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.
No civil action shall be maintained against the Town of Urbana
and/or the Town Highway Superintendent of the Town of Urbana for damages
or injuries to person or property sustained by reason of any defect
in the sidewalks of the Town of Urbana or in consequence of the existence
of snow or ice upon any of its sidewalks unless such sidewalks have
been constructed or are maintained by the Town of Urbana or the Town
Highway Superintendent of the Town of Urbana pursuant to law, nor
shall any action be maintained for damages or injuries to person or
property sustained by reason of such defect or in consequence of such
existence of snow or ice unless written notice thereof, specifying
the particular place, was actually given to the Town Clerk of the
Town of Urbana or the Town Highway Superintendent of the Town of Urbana
and there was a failure or neglect to cause such defect to be remedied,
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 Town Highway Superintendent of the Town of Urbana shall
transmit, in writing, to the Town Clerk of the Town of Urbana, within
10 days after receipt thereof, all written notices received by him
pursuant to this chapter, and he shall take any and all corrective
action with respect thereto as soon as possible.
A.
The Town Clerk of the Town of Urbana shall keep an index record in
a separate book of all written notices which she shall receive of
the existence of a defective, unsafe, dangerous or obstructed condition
in or upon or of any accumulation of ice and snow upon any town street,
road, bridge, culvert or sidewalk or any other property owned by the
Town of Urbana or by any improvement district, which record shall
state the date of the 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.
B.
The record of such notice shall be preserved for a period of five
years from the date it is received.
C.
The Town Clerk, upon receipt of such written notice, shall immediately
and in writing notify the Town Highway Superintendent of the Town
of Urbana of the receipt of such notice.
Nothing contained in this chapter shall be held to repeal or
modify or waive any existing requirement or statute of limitations
which is applicable to these causes of action but, on the contrary,
shall be held to be additional requirements to the right to maintain
such action, nor shall anything herein contained be held to modify
any existing rule of law relative to the question of contributory
negligence nor to impose upon the Town of Urbana, its officers and
employees and/or any of its improvement districts any greater duty
or obligation than that it shall keep its streets, roads, sidewalks
and public places in a reasonably safe condition for public use and
travel.
