No civil action shall be maintained against the Town of Wilson for damages or injuries to person or property sustained by reason of any highway, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge 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.
[HISTORY: Adopted by the Town Board of the Town of Wilson as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-27-1978 by L.L. No. 2-1978]
The Superintendent of Highways for the Town of Wilson shall transmit, in writing, to the Town Clerk within 10 days after the receipt thereof all written notices received by him pursuant to this article.
The Town Clerk of the Town of Wilson shall keep an indexed record, in a separate book, of all written notices which he shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon, any Town highway, bridge, culvert or a sidewalk or any property owned by the Town, 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 notice shall be preserved for a period of five years after the date it is received.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No civil action shall be maintained against any town or town superintendent of highways for damages or injuries to person or property sustained by reason of any defect in its sidewalks or in consequence of the existence of snow or ice upon any of its sidewalks, unless such sidewalks have been constructed or are maintained by the Town or the Superintendent of Highways of the Town pursuant to statute, nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defect or in consequence of such existence of snow or ice unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or to the Town Superintendent of Highways, and there was a failure or neglect to cause such defect to be remedied, 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.
This article supersedes § 65-a, Subdivision 1 of the Town Law as the same presently exists, insofar as said subdivision provides for constructive notice of highway, bridge or culvert defects.