[HISTORY: Adopted by the Town Board of the Town of Neversink:
Art. I, 6-14-1978 as L.L. No. 1-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Street specifications — See Ch. A51.
[Adopted 6-14-1978 as L.L. No. 1-1978]
No civil action 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 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, route 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 the consequence of the existence of
snow or ice upon any highway, bridge or culvert, unless written notice
thereof, specifying a 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.
This Article shall supersede, in its application to the Town
of Neversink, Subdivisions 1 and 3 of § 65-a of the Town
Law.
