[HISTORY: Adopted by the Town Board of the Town of Marilla 3-11-1999 by L.L. No. 2-1999 (Ch. 176, Art. II, of the 1999 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 22.
Streets and sidewalks — See Ch. 381.
No civil action shall be maintained against the Town of Marilla or the Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, sidewalk, bridge 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, sidewalk, bridge or culvert was actually given to the Town Clerk or Town Superintendent of Highways, 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. 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, sidewalk, bridge or culvert unless written notice thereof specifying the particular place was actually given to the Town Clerk or Town 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 10 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. The Town Clerk shall cause all written notices received by him or her pursuant to this chapter and Subdivision 2 of § 65-a of the Town Law to be presented to the Town Board within 10 days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner. 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.
This chapter shall supersede in its application to the Town of Marilla Subdivisions 1 and 3 of § 65-a of the Town Law.