[HISTORY: Adopted by the Town Board of the Town of Chester 12-5-1995
by L.L. No. 5-1995. Amendments noted where applicable.]
A.Â
No action or special proceeding shall be maintained against
the Town of Chester for damages or injuries to person or property sustained
in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk
being out of repair, unsafe, dangerous or obstructed, or in consequence of
the existence of snow or ice thereon, unless it appears that written notice
of the defective, unsafe, dangerous or obstructed condition or of the existence
of the snow or ice was actually given to the Town Clerk 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 removed or the place otherwise made reasonably safe.
B.Â
The Town Clerk shall keep an indexed record, in a separate
book, of all notices which he or she shall receive of the existence of such
defective, unsafe, dangerous or obstructed condition, or of such snow or ice,
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.
Nothing herein contained shall be construed to relieve a claimant of
the obligation to send a notice of claim as provided in § 50-e of
the General Municipal Law.
