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HomeMy WebLinkAbout1977 LL 3 - Notification of Highway & Sidewalk Defects 1.977 - LOCAL LAW NO. 3 A LOCAL LAW OF THE TOWN OF ITHACA ENACTED =uPURS ANT TO THE POWERS GRANTED TO THE TOWN BY ARTICLE "OF THE MUNICIPAL HOME RULE LAW OF THE STATE OF NEW YORK, PRO- VIDING FOR WRITTEN NOTIFICATION OF DEFECTS AND OBSTRUCT- IONS ON TOWN HIGHWAYS AND SIDEWALKS IN THE TOWN OF ITHACA. Section 1. No Civil action shall, be maintained against any town or town superintendent of highways for damages or injuries to persons 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 Todn Superinten- dent 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 com- plained of; but 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 or culvert, unless written notice thereof, specifying the particular place, was actually given the the Town Clerk or T 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 reasonable safe within a reasonable time after the receipt of such notice. Section 2. The Town Superintendent of Highways shall transmit in writing to the Town Clerk within 5 days after the receipt thereof all written notices received by him pursuant to this local law and Subdivision 2 of Section 65-a of the Town Law. The Town Clerk Shall cause all written notices received by him or her pursuant to this local law Subdivision 2 of Section 65-a of the Town Law, .......... to be presented to the Town Board within 5 days of the re- ceipt thereof or at the next succeeding Town Board meeting whichever shall be sooner. Section 3. This local law shall supersede in its application to the Town of Ithaca Subdivision 1 and 3 of Section 65-a of the Town Law. Section 4. This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with the provisions of Section 27 of the Municipal Home Rule Law of the State of New York. (Adopted by the Town of Ithaca Board on December 13, 1977)