Town of
Huron
Laws

Notice of Injuries from Unsafe Town Property

Local Law No. 1 of 1980
August 06, 2007
Table Of Contents:
Overview:

 

 

A local law requiring prior written notice in connection with claims for damages or injuries sustained by reason of any town property or any town highway, bridge or culvert being defective, out of repair, unsafe, dangerous, obstructed or having accumulation of ice or snow.

 

 

Be it enacted by the Town Board of the Town of Huron as follows: 

 

 

 

Body:

Section 1.   No civil action shall be maintained against the Town of Huron or any of its officers or employees for damages or injuries to person or property sustained by reason of any town property or any town 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 town property or such town highway, bridge or culvert was actually given to the Town Clerk or the Town Superintendent of Highways, and there was a failure or neglect to repair or remove the defect, danger or obstruction complained of within a reasonable time after the receipt of such notice.

 

Section 2.    No civil action shall be maintained against the Town of Huron or any of its officers or employees for damages or injuries to person or property sustained by reason of the existence of ice or snow upon any sidewalk, highway, bridge or culvert, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or the 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 receipt of such notice.

 

Section 3.    The Town Superintendent of Highways shall transmit in writing to the Town Clerk within ten days after the receipt thereof all written notices received by him pursuant to this law.

 

Section 4.    The Town Clerk shall keep an indexed record, in a separate book, of all written notices received 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 property or any Town highway, bridge or culvert, 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 such notice is received.  The record of each such notice shall be preserved for a period of five years after the date it is received.

 

Section 5.     If any clause, sentence, paragraph, section, part or provision of this law shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgement shall not affect or impair the validity of any other party of this law which can be given effect without such invalid part or parts but shall be confined in its operation and effect to the clause, sentence, paragraph, section, part or provision thereof involved in the controversy of action in which such judgement shall have been rendered.

 

Section 6.    This Local Law shall take effect immediately upon filing with the Secretary of State.