[HISTORY: Adopted by the Town Board of the
Town of Lancaster 4-19-2004 by L.L. No. 3-2004 (Ch. 14 of the 1966 Codification).
Amendments noted where applicable.]
The purpose of this chapter is to provide that
no civil action shall be maintained for damages or injuries in consequence
of any streets, sidewalks, buildings or other facilities being defective,
out of repair, unsafe, dangerous, obstructed or in consequence of
any snow or ice thereon unless written notice was theretofore given
and there was a failure to take action within a reasonable time.
A.
No civil action
shall be maintained against the Town of Lancaster, any of its districts
located therein or any Town officer, agent or employee for damages
or injuries to person or property sustained in consequence of any
street, highway, bridge, culvert, sign, highway marking or device,
sidewalk or crosswalk or any Town building or facility being defective,
out of repair, unsafe, dangerous or obstructed or in consequence of
snow and ice thereon unless it appears that written notice of such
defective, unsafe, dangerous or obstructed condition, or of the existence
of the snow or ice, of such highway, bridge or culvert was actually
given to the Town Clerk or Town Superintendent of Highways of the
Town of Lancaster 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 or to cause the snow or ice to
be moved or place made otherwise reasonably safe.
B.
Such written notice
shall be dated and signed and shall, among other things, specify the
particular place and condition alleged to be out of repair, unsafe,
dangerous or obstructed or the place and extent of the existence of
the snow or ice and shall be actually given to the Town Highway Superintendent
or Town Clerk.
The Town Superintendent of Highways shall transmit
in writing to the Town Clerk, within five days after receipt thereof,
all written notices received by him pursuant to this chapter. The
Town Clerk shall cause all written notices received by him or her
pursuant to this chapter to be recorded and preserved pursuant to
Town Law § 65-a(4).
This chapter shall become effective upon filing
with the Secretary of State.
