[HISTORY: Adopted by the Town Board of the Town of Fabius 4-17-2023 by L.L. No. 2-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 90, Notification of Defects, adopted 2-7-1979 by L.L. No. 1-1979.
A. 
No civil actions shall be maintained against the Town or Town Superintendent of Highways for damages or injuries to persons or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk, or culvert being defective, 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 the 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 to defect, danger, or obstruction complained of.
B. 
No such action shall be maintained for damages or injuries to persons or property sustained solely in consequence of the existence of snow or ice upon any highway bridge, street, sidewalk, crosswalk, or culvert, unless written notice thereof, specifying the particular place, was actually given to the town clerk or the town superintendent of highways and there was a failure or neglect to cause such snow or ice be removed, to make the place otherwise reasonably safe within a reasonable time after receipt of such notice.
The Town Superintendent of Highways shall transmit in writing to the Town Clerk within five days after the receipt thereof of all written notices received pursuant to this local law and subdivision 2 of Section 65-(a) of the Town Law, to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall shall be sooner.
This chapter shall supersede in its application to the Town of Fabius, subdivisions 1 and 3 of Section 65-(a) of the Town Law.
Local Law No 1 of 1979, Town of Fabius is hereby repealed.
The Town Clerk shall keep a separate index record by location of all such notices received pursuant to this chapter as required by Town Law Section 65-(a) subdivision 4.
Nothing herein contained shall be construed to relieve a claimant of the obligation to send a notice of claim as provided in Section 50-(e) the General Municipal Law.
This chapter shall take effect immediately upon its filing with the office of the Secretary of State.