[Adopted 6-15-1983 by L.L. No. 1-1983]
No civil action shall be maintained against
the Town of Henrietta or its Town Superintendent of Highways for damages
or injuries to person or property sustained by reason of any highway,
bridge or culvert being defective, out of repair, unsafe, dangerous
or obstructed unless 48 hours' written notice of such defective, unsafe,
dangerous or obstructed condition of such highway, 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, but 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
or culvert, unless 48 hours' 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 five days after the receipt thereof,
all written notices received by him pursuant to this article 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 article
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.
[Added 2-18-2015 by L.L.
No. 1-2015]
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 article shall supersede in their application
to the Town of Henrietta Subdivisions 1 and 3 of § 65-a
of the Town Law.
