[HISTORY: Adopted by the Town Board of the
Town of Sullivan 11-6-1985 by L.L. No. 8-1985. Amendments noted where
applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 23.
[Amended 3-16-2022 by L.L. No. 5-2022]
It is the purpose of this chapter to provide
that prior written notice of a highway, bridge, street, sidewalk,
crosswalk, culvert, ditch or swale defect is required to maintain
a civil action against the Town of Sullivan or the Town of Sullivan
Superintendent of Highways.
This chapter shall apply to all areas within
the jurisdiction of the Town of Sullivan, outside the Village of Chittenango.
[Amended 3-16-2022 by L.L. No. 5-2022]
No civil action shall be maintained against
the Town of Sullivan or the Town of Sullivan Superintendent of Highways
for damages or injuries to person or property sustained by reason
of any highway, bridge, street, sidewalk, crosswalk, culvert, ditch
or swale 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,
ditch or swale was actually given to the Town Clerk of the Town of
Sullivan or the Town of Sullivan Superintendent of Highways, and that
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. No civil action shall be maintained against the Town
of Sullivan or the Town of Sullivan Superintendent of Highways for
damages or injuries to person or property sustained solely in consequence
of the existence of snow or ice upon any highway, bridge, street,
sidewalk, crosswalk, culvert, ditch or swale unless written notice
thereof, specifying the particular place, was actually given to the
Town Clerk of the Town of Sullivan or the Town of Sullivan Superintendent
of Highways 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 Town Superintendent of Highways shall transmit,
in writing, to the Town Clerk within five days after the receipt thereof
all written notices received by him pursuant to this chapter and Subdivision
2 of § 65-a of the Town Law, to be presented to the Town
Board within five days of the receipt thereof at the next succeeding
Town Board meeting whichever shall be sooner.
[Added 6-1-2016 by L.L.
No. 2-2016; amended 3-16-2022 by L.L. No. 5-2022]
The Town Clerk shall keep an indexed record, in a separate book,
of all written notices which he shall receive of the existence of
a defective, unsafe, dangerous or obstructed condition in or upon,
or of an accumulation of ice or snow upon any Town highway, bridge,
street, sidewalk, crosswalk, culvert, ditch or swale, which record
shall state the date of 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 is received. 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.
This chapter shall supersede in its application
to the Town of Sullivan Subdivisions 1 and 3 of § 65-a of
the Town Law.
