No civil action shall be maintained against the Town, its special districts, Town Superintendent of Highways, or any other Town official or employee for damages or injuries to persons or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk, culvert, or any other real or personal property of the Town 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, culvert, or any other real or personal property of the Town was actually given to the Town Clerk or Town Superintendent of Highways, and there was a failure or neglect to repair or remove the defect, danger or obstruction complained of within a reasonable time after the receipt of such written notice.
[HISTORY: Adopted by the Town Board of the Town of Sodus 4-8-2015 by L.L. No. 1-2015. Amendments noted where applicable.]
No civil action shall be maintained against the Town, its special districts, Town Superintendent of Highways, or any other Town official or employee for damages or injuries to person or property sustained solely by reason of the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk, culvert, or other Town property, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Superintendent of Highways and there was 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.
Service of written notice of any defect described herein shall be accomplished by personal service or service by registered or certified mail actually received by the Town officer or officers specified herein. The written notice must be made by the witness to the condition, defect or obstruction specified in this chapter and must identify, with particularity, the specific nature and location of each condition, defect or obstruction.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Town Superintendent of Highways shall transmit in writing to the Town Clerk, within 10 days of the receipt thereof, all written notices received pursuant to this chapter and § 65-a, Subdivision 2, of the Town Law. The Town Clerk shall forward copies of all written notices received pursuant to this chapter and § 65-a, Subdivision 2, of the Town Law to the Town Board, with copy to the Highway Superintendent, within five days of the receipt thereof, or at the next succeeding Town board meeting, whichever shall be sooner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Town Clerk shall keep a separate indexed record of all written notices which the Town Clerk receives pursuant to the provisions of this chapter, which record shall state the date of the receipt of the notice, the nature and location of the condition(s) stated to exist, and the name and address of the person who provided the notice to the Town. All such written notices shall be indexed according to the location of the alleged defective, unsafe, dangerous or obstructed condition, or the location of accumulated snow or ice. The record of each notice shall be preserved for a period of five years after the date it is received.
If any clause, sentence, paragraph, section, part or provision of this chapter shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this chapter.
Nothing contained herein shall be held to repeal, modify or waive any existing requirement or statute of limitations applicable to the referenced causes of action, but shall be held to be an additional requirement to the right to maintain such action. This chapter shall supersede in its application to the Town of Sodus Subdivisions 1 and 3 of § 65-a of the Town Law, as well as any prior Town of Sodus notice of defects law, and shall take effect immediately upon its filing with the Secretary of State.