[Adopted 7-10-1985 by L.L. No. 2-1985]
[Amended 8-5-1998 by L.L. No. 2-1998; 4-19-2006 by L.L. No.
1-2006]
The Town of Cortlandville shall not be liable
for damage or injury sustained by any person in consequence of any
street, highway, bridge, culvert, sidewalk, crosswalk, park, playground,
stream, pond, lake, reservoir, building or other town-owned property
or structure being out of repair, unsafe, dangerous or obstructed
by snow, ice, or otherwise or in any way or manner, including but
not limited to protruding pipes, metal plates or covers or other objects,
unless written notice of the defective, unsafe, dangerous, obstructed
or concealed conditions of said street, highway, bridge, culvert,
sidewalk, crosswalk, park, playground, stream, pond, lake, reservoir,
building or other town-owned property or structure shall have been
given to the Town of Cortlandville by delivery to the office of the
Town Clerk or to the office of the Highway Superintendent at least
24 hours previous to said damage or injury. This section applies to
claims of infants and all other persons. Any and all actions maintained
for damages or injuries to person or property caused or sustained
as aforesaid shall be commenced in accordance with the requirements
of Sections 50-e and 50-i of the New York State General Municipal
Law.
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 Cortlandville Subdivisions 1 and 3 of § 65-a
of the Town Law.
