[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.]
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.
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.
