[HISTORY: Adopted by the Town Board of the
Town of Southeast as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Bills and posters — See Ch. 46.
Numbering of buildings — See Ch. 54A.
Driveways — See Ch. 64.
Excavations and grading — See Ch. 69.
Littering — See Ch. 91.
Protection of scenic roads — See Ch. 110.
Stormwater management and erosion and sediment control — See Ch. 119.
Subdivision of land — See Ch. 123.
Vehicles and traffic — See Ch. 131.
Off-road vehicles — See Ch. 134.
Parking lot rules and regulations — See Ch. A142.
Road and drainage specifications — See Ch. A143.
[Adopted 12-19-1996 by L.L. No. 5-1996]
No civil action shall be maintained against
the Town or the Town Superintendent of Highways for damages or injuries
to persons or property sustained by reason of any highway, bridge,
street, sidewalk, crosswalk or culvert being defective, out of repair,
unsafe, dangerous or obstructed or of any defective conditions of
any other Town-owned or -maintained property unless written notice
of such unsafe, dangerous or obstructed condition of such highway,
bridge, street, sidewalk, crosswalk or culvert was actually received
by 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 civil action shall be maintained against
the Town or the Town Superintendent of Highways for damages or injuries
to person or property sustained solely in consequence of the existence
of snow or ice upon any highway, bridge, street, sidewalk, crosswalk
or culvert or of any defective condition of any other Town-owned or
-maintained property or facility 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 receipt thereof, all written notices received pursuant to § 121-1 or 121-2 of this article and Subdivision 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received 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.
The Town Clerk of the Town of Southeast shall
keep an indexed record, in a separate book, of all written notices
which the Town Clerk shall receive pursuant to this article of the
existence of a defective, unsafe, dangerous or obstructed condition
in or upon or of an accumulation of ice or snow upon any Town highway,
bridge, street, sidewalk, crosswalk or culvert or any other Town property
or facility, which record shall state the date of receipt of the notice,
the nature and location of the condition stated to exist and the name
and address of the person from whom the notice is received. The record
of each such notice shall be preserved for a period of five years
after the date it was received.
This article shall supersede in its application
to the Town of Southeast Subdivisions 1 and 3 of § 65-a
of the Town Law.
