[Added 12-9-1982 by L.L.
No. 2-1982]
No civil action shall be maintained against the Town of Forestburgh
or against any improvement district in the Town for damages or injuries to
person or property sustained by reason of any property owned, operated or
maintained by the Town of Forestburgh or any property owned, operated or maintained
by any improvement district therein being defective, out of repair, unsafe,
dangerous or obstructed unless written notice of said defective, unsafe, dangerous
or obstructed condition, specifying the particular place, was actually given
to the Town Clerk of the Town of Forestburgh or the Town Superintendent of
Highways and there is 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 persons or property sustained solely in consequence of the existence of
snow or ice upon any property owned, operated or maintained by the Town of
Forestburgh or any property owned, operated or maintained by any improvement
district therein unless written notice thereof, specifying the particular
place, was actually given to the Town Clerk of the Town of Forestburgh or
the Town Superintendent of Highways of the Town 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 Highway Superintendent of the Town shall transmit, in writing, to
the Town Clerk, within 10 days after receipt thereof, all written notices
received by him pursuant to this article, and he shall take any and all corrective
action with respect thereto as soon as practicable.
The Town Clerk shall keep an index record in a separate book of all
written notices which the Town Clerk shall receive of the existence of a defective,
unsafe, dangerous or obstructed condition in or upon, or of an accumulation
of snow and ice upon, any Town property owned by the Town or by any improvement
district, which record shall state the date of the receipt of the notice,
the nature and location of the conditions stated to exist and the name and
address of the person from whom the notice is received. The record of such
notice shall be preserved for a period of five years from the date it is received.
The Town Clerk, upon receipt of such written notice, shall immediately and
in writing notify the Highway Superintendent of the Town of the receipt of
such notice.
For the purposes of this article, "property of the Town of Forestburgh or of any improvement district therein" shall include but not be limited to the interior and exterior of any building owned, operated, maintained or controlled by the Town of Forestburgh or any improvement district therein, parklands, historic sites, recreation areas, swimming pools, scenic sites, overlooks, garages, storage areas, any road, bridge or culvert other than a highway, bridge or culvert provided for in §§ 144-1 and 144-2 of this Part 1, sidewalks, ramps, accessways and other methods of ingress or egress to or from, within or without, such property.
