[Adopted 7-10-1996 by L.L. No. 3-1996[1]]
[1]
Editor's Note: This local law also superseded
former Art. I, Notification of Defects, adopted 5-24-1979 by L.L.
No. 1-1979, as amended.
No civil actions 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,
street, sidewalk, crosswalk or culvert being defective, out of repair,
unsafe, dangerous or obstructed unless written notice of such highway,
bridge, street, sidewalk, crosswalk 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. 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 highway, bridge, street, sidewalk, crosswalk
or culvert, 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.
[Amended 4-27-2022 by L.L. No. 5-2022]
The Town Superintendent of Highways shall transmit
in writing to the Town Clerk, within 10 days after the receipt thereof,
all written notices received pursuant to this article and Subdivision
2 of § 65-a of the Town Law. The Town Clerk shall keep an
indexed record, in a separate book, of all written notices received
by the Town Clerk 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, culvert or sidewalk, 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. All such written notices
shall be indexed according to the location of the alleged defective,
unsafe, dangerous or obstructed condition, or the location of accumulated
snow or ice. The record of each notice shall be preserved for a period
of five years after the date it is received.
This article shall supersede in its application
to the Town of Brighton Subdivisions 1 and 3 of § 65-a of
the Town Law.
