Town of
Greig
Laws & Ordinances & Budget

Greig Local Law - Reporting Road Hazards

2018 #1
March 26, 2018
March 07, 2018
Table Of Contents:
Overview:
A Local Law to require prior notice of road hazard before the Town becomes liable for any damages. Persons are required to notify the Town Highway Superientendent or Town Clerk of any raod hazard, or snow or ice condition which they feel might cause damage to person or property. They must allow a reasonable amount of time for the repair of such condition. The Superientendent will review the reported damage and determin if a repair is required and take any action deemed necessary to repair.
Body:
Town of Greig Local Law 2018 #1 Article 1. - Statement of Authority. The Town Board of the Town of Greig, pursuant to the authority granted it under Article 4 of the Town Law, and Municipal Home Rule Law, Sections 10 and 20, hereby enacts as follows: Article 2. - Statement of Purpose and Findings. The Town Board of the Town of Greig finds it is necessary to control its liability for highways, bridges, streets, sidewalks, crosswalks, and culverts. It is proposed that the Town Board do so by providing that prior notice be provided to the Town of any such defects or obstructions to enable the Town to have a reasonable time to correct such situations before it would be responsible. It is the purpose of this local law to accomplish the same. Article 3. - Enactment. The Town Board of the Town of Greig hereby enacts as follows: Section 1: No civil actions shall be maintained against the Town or Town Highway Superintendent 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 Highway Superintendent, 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 Highway Superintendent and there was 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 giving such notice to repair or remove the defect, danger or obstruction complained of. Section 2: The Town Highway Superintendent shall transmit in writing to the Town Clerk within five (5) days after the receipt thereof all written notices received pursuant to this local law and subdivision 2 of Section 65 of the Town Law. The Town Clerk shall cause all written notices received pursuant to this local law and subdivision 2 of Section 65 of the Town Law, to be presented to the Town Board within five days of the receipt 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 Greig subdivisions 1 and 3 of section 65-a of the Town Law. Section 4: This Local Law shall supersede all prior Local Laws, Ordinances, Rules and Regulations relative to any prior notice of defects law, and they shall be, upon the effectiveness of this Local Law, null. Section 5 Severability: If any part of this Chapter shall be found to be void, voidable, or unenforceable for any reason whatsoever, it shall not affect the validity or enforceability of any remaining section or provision of this Chapter. Section 6 Effective Date: This local law shall take effect immediately upon filing with the Secretary of State.
Forms:
Report a Serious Road Hazard
Report any road hazard found so the Highway Superintendent may review and make a decision about repair.