Town of New Windsor, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of New Windsor 2-7-1990 by L.L. No. 1-1990 (Ch. 28A of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 223.
Streets and sidewalks — See Ch. 252.
It is the intent of this chapter to require a notice of defect to be filed with the Town of New Windsor so that the Town of New Windsor may be placed on actual notice of any dangerous conditions and therefore be more capable of replacing and repairing Town of New Windsor property and protecting the public from injury.
No civil action shall be maintained against the Town of New Windsor, New York (hereinafter referred to as the "Town"), or the Highway Superintendent of the Town or against any improvement district in the Town for damages or injuries to person or property sustained by reason of any highway, bridge, sidewalk, culvert, highway marking, sign or device or building or any other property owned, operated or maintained by the Town or any property owned, operated or maintained by any improvement district therein being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, sidewalk, culvert, highway marking, sign or device or building or any other property owned, operated or maintained by the Town or any property owned, operated or maintained by any improvement district was delivered to the office of the Supervisor of the Town or the Highway Superintendent of the Town prior to said damage or injury and there was thereafter a failure or neglect within a reasonable time to repair or remove the defect, danger or obstruction complained of, and no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, sidewalk, culvert, driveway, parking lot or any other property owned by any improvement district in the Town unless written notice thereof, specifying the particular place, was delivered to the office of the Supervisor of the Town or the Highway Superintendent of the Town prior to said damage or injury 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 the receipt of such notice.
The Highway Superintendent of the Town shall transmit, in writing, to the Supervisor of the Town, within 10 days after receipt thereof, all written notices of defects or dangerous or obstructed conditions received by him pursuant to this chapter. The Highway Superintendent shall take any and all reasonable corrective action with respect thereto, as soon as practicable, so as to repair or correct the defect or dangerous or obstructed condition.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Records to be kept by Supervisor; notification of Highway Superintendent. The Supervisor of the Town shall keep an index record, in a separate book, of all written notices which the Supervisor shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon or of any accumulation of ice and snow upon any Town highway, bridge, sidewalk, culvert or any other property owned by the Town or by any improvement district, 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 such notice shall be preserved for a period of five years from the date it was received. The Supervisor, upon receipt of such written notice, shall immediately and in writing notify the Highway Superintendent of the Town of the receipt of such notice and transmit a copy of the notice to the Highway Superintendent, unless the notice was received by the Supervisor of the Town pursuant to § 201-3 above.
B. 
Records to be kept by Highway Superintendent. Upon receipt of a notice of a defective, unsafe, dangerous or obstructed condition in or upon or of any accumulation of ice and snow upon any Town highway, bridge, sidewalk, culvert or any other property owned by the Town or by any improvement district, the Highway Superintendent shall immediately enter upon a record 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 and, if received from the Supervisor of the Town, the name and address of the person so notifying the Supervisor of the Town. The Highway Superintendent shall note on the aforesaid record, in a location next to the notation of the complaint, the date when corrective action was taken and a general description of the work performed to accomplish the corrective action.
Nothing contained in this chapter shall be held to repeal or modify or waive any existing requirement or statute of limitation but, on the contrary, the provisions of this chapter shall be held to be additional requirements to the rights to maintain such action, nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence or to impose upon the Town, its officers and employees and/or any of its improvement districts any greater duty or obligation than that it shall keep its streets, sidewalks and public places in a reasonably safe condition for public use and travel.