[HISTORY: Adopted by the Town Board of the Town of Albion 8-14-1995
by L.L. No. 1-1995. Amendments noted where applicable.]
The purpose of this chapter is to require written notification of defects
and obstructions on Town highways, bridges, streets, sidewalks, crosswalks
and culverts in the Town of Albion, as authorized pursuant to § 65-A
of the Town Law.
A.Â
No civil actions shall be maintained against the Town
or Town Superintendent of Highways for damages or injuries to person or property
sustained by reason of any highway, bridge, street, sidewalk, crosswalk or
culvert being defective, out of repair, unsafe, dangerous or obstructed unless
written notice of such defective, unsafe, dangerous or obstructed condition
of such highway, bridges, street, sidewalk, crosswalk or culvert was actually
given to the Town Clerk or Town Superintendent of Highways, and there was
failure or neglect within a reasonable time after giving of such notice to
repair or remove the defect, danger or obstruction complained of.
B.Â
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, street, sidewalk, crosswalk or culvert,
unless written notice thereof, specifying the particular place, was actually
given to the Town Clerk or the 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.
A.Â
The Town Superintendent of Highways shall transmit in
writing to the Town Clerk within five days after the receipt thereof all written
notices received pursuant to this chapter and Subdivision 2 of § 65-a
of the Town Law. The Town Clerk shall cause all written notices received 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 or at
the next succeeding Town Board meeting, whichever shall be sooner.
B.Â
In addition to the actual notices, the Town Clerk shall
maintain a separate index of all such notices received, by date, location
and person providing the information.
This chapter shall take effect immediately upon its filing in the office
of the Secretary of State.
