[HISTORY: Adopted by the Town Board of the Town of Fabius 2-7-1979 by L.L. No. 1-1979. Amendments noted where applicable.]
A.
No action or special proceeding shall be prosecuted or maintained
against the Town of Fabius for personal injury or damage to real or
personal property alleged to have been sustained by reason of any
street, highway, bridge, culvert, sidewalk or crosswalk being out
of repair, unsafe, dangerous or obstructed, including but not limited
to trees, vegetation and other natural growth, or in consequence of
the existence of snow, ice or caused by any other acts of God thereon,
unless it appears that written notice of the defective, unsafe, dangerous
or obstructed condition, or the existence of snow or ice, was actually
given to the Clerk of the Town of Fabius, or her authorized agent,
and there was a failure or neglect within a reasonable time after
the giving of such notice to report 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.
B.
The Town Clerk of the Town of Fabius, or her authorized agent, shall
keep an index record in a separate book of all notices which it shall
receive of the existence of such defective, unsafe, dangerous or obstructed
condition, or of such snow or ice, which record shall state the date
of 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.
Nothing herein contained shall be construed to relieve a claimant
of the obligation to send a notice of claim as provided in § 50-e
of the General Municipal Law.
If any provision of this chapter shall be adjudged invalid by
a court of competent jurisdiction, such adjudication shall not affect,
impair or invalidate the remainder thereof.
