[Adopted as Ch. 59, Art II, of the 1979 Code]
No civil action shall be maintained against
the Town of Southampton or the Town Superintendent of Highways for
damages or injuries to person or property sustained by reason of any
sidewalk being defective, out of repair, unsafe, dangerous or obstructed
unless written notice of such defective, unsafe, dangerous or obstructed
condition of such sidewalk 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, and 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 sidewalk 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 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 Southampton, Subdivisions 1 and 3 of § 65-a
of the Town Law.
