[HISTORY: Adopted by the Town Board of the Town of Walton 3-24-1986 by L.L. No. 1-1986. Amendments noted where applicable.]
No civil action shall be brought or maintained against the Town of Walton for damages or injuries to person or property sustained by reason of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out-of-repair, unsafe, dangerous or obstructed unless written notice of such defective, out-of-repair, unsafe, dangerous or obstructed condition was actually given to the Town Clerk of the Town of Walton or to the Highway Superintendent of the Town of Walton; and that there was a failure or neglect on the part of said Town to cause such condition to be corrected within a reasonable time after the giving of such notice; or, in the absence of such notice, unless such defective, out-of-repair, unsafe, dangerous or obstructed condition existed for so long a period of time that the same should have been discovered and remedied by the Town of Walton in the exercise of reasonable care and diligence; but no such action shall be maintained for damages or injuries to person or property sustained solely by reason of the existence of snow or ice upon any highway, bridge, culvert, sidewalk or crosswalk unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Walton or to the Highway Superintendent of the Town of Walton 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 receipt of such notice.
The Superintendent of Highways for the Town of Walton shall transmit, in writing, to the Town Clerk of the Town of Walton within 10 days after receipt thereof all written notices received by him pursuant to this chapter.
The Town Clerk of the Town of Walton shall keep an index record, in a separate book, of all written notices which the Clerk shall receive, pursuant to this chapter, of the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice or snow upon any Town highway, bridge, culvert, sidewalk or crosswalk, 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 was received. The record of each notice shall be preserved for a period of five years after the date it is received.
Nothing herein contained, however, shall be held to revive any claim or cause of action now barred from any existing requirement or statute of limitations, nor to waive any existing limitation now applicable to any claim or cause of action against the Town of Walton.
This chapter shall, in accordance with § 27 of the Municipal Home Rule Law, become effective 20 days after its adoption by the Town Board of the Town of Walton and after it has been filed in the Office of the Secretary of State.