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Providing Written Notice for Road Defects
Town of Candor Local Law Number 4 of the Year 1988
A local law providing for written notification of defects and obstructions on
Town highways and sidewalks in the Town of Candor.
Be it enacted by the Board of Councilmen of the Town of Candor as follows:
LIABILITY OF TOWN OF CANDOR, TOWN SUPERINTENDENT OF HIGHWAYS, OTHER OFFICER, AGENT, EMPLOYEE OR
APPOINTEE OF THE TOWN OF CANDOR
- No action or special proceeding shall be prosecuted or
maintained against the Town of Candor, the Town of Candor
Superintendent of Highways, other officer, agent, employee or
appointee of the Town of Candor for personal injury, wrongful
death or damage to real or personal property alleged to have been
sustained by reason of the negligence or wrongful act of such
Town of Candor or the Town of Candor superintendent of Highways,
other officer, agent, employee or appointee of the Town of Candor
for the defective, unsafe, out-of-repair, dangerous or obstructed
condition, including the existence of snow, ice, loose gravel or
ot.her foreign substance thereon, of any Town owned, leased or
ot.herwise controlled property of any kind, including but not limit.
ed to.streets, roads, highways, sidewalks, bridges, lands, culverts,
sluices, street or traffic control signs, poles, standards,
gravel pits, driveways, building and other structures,
equipment, disposal sites, streams or bodies of water , drains,
parks, playgrounds, recreation areas, tennis courts, swimming
pools, wading pools, pavilions, water lines, sewer lines and
utilities either above ground or underground, unless written notice
thereof was actually given to the Town of Candor Clerk or
Town of Candor Superintendent of Highways previously thereto and
there was a failure or neglect within a reasonable time after the
giving of such notice to repair or remove such condition complained
of.
- Such written notice shall contain the name and address
of the person giving such notice, date of existence and condition
complained of.
- The Town of Candor Superintendent of Highway, other officer,
agent, employee or appointee of the Town of Candor shall
transmit in writing to the Town of Candor Clerk within ten days
after the receipt thereof of all written notices received by said
Town Clerk pursuant thereto.
- Record keeping requirements pertaining to such notices,
including preservation of the notices, shall be as set forth in
section 65-a of the Town Law of the state of New York, as amended
from time to time or other statutes amendatory thereto.
- Nothing herein shall be construed as enlarging in any
way the liability of the Town of Candor, Town of Candor
Superintendent of Highways, other officer, agent, employee or
appointee of the Town of Candor.
- Nothing herein shall be deemed in any way to alter or
amend the time limitations nor service requirements of sections
50-E through 50-1 of the General Municipal Law of the State of
New York as same now exists or may be hereafter amended.
- If any clause, phrase, paragraph, subdivision, section,
rule or part of this ordinance shall be adjudged by any court or
agency of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof, but
shall be confined in its operation to the clause, sentence,
phrase, paragraph, subdivision, section rule or part thereof directly
involved in the controversy in which such judgment shall
have been rendered.
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