Town of Collins, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Collins 4-21-1986 by L.L. No. 1-1986 (Ch. 7 of the 1987 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 26.
Streets and sidewalks — See Ch. 260.

§ 219-1 Title.

This chapter shall be known as the "Prior Written Notice of Defective Conditions Law of the Town of Collins, New York."

§ 219-2 Legislative declaration.

Where claims for bodily injury or damage to property are asserted against the Town arising out of alleged defective conditions of property owned or constructed by or in the care, custody or control of the Town, adequate prior notice to the Town of any such conditions is of substantial importance to allow the Town the opportunity to investigate and correct such conditions, if found to exist. Whether the Town has received actual or constructive notice of such alleged defective conditions is often a question of fact which can lead to uncertainty and possible unwarranted finding of liability against the Town. To assure that the Town receives actual prior notice of an alleged unsafe or defective condition, and is able to respond in a prompt and reasonable manner, such prior notice shall be in writing. It is the purpose of this chapter to require that notice of unsafe or defective conditions of Town property be given to the Town by prior written notice actually received by the Town.

§ 219-3 Written notice of defective condition required for injuries on highways and Town property.

No civil action shall be maintained against the Town of Collins or the Town Superintendent of Highways of the Town of Collins or against any improvement district in the Town of Collins for damages or injuries to person or property sustained by reason of any highway, bridge, culvert, or any other property owned by the Town of Collins, or any property owned by any improvement district, being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert, or any other property owned by the Town of Collins, or any property owned by any improvement district in the Town of Collins, was actually given to the Town Clerk of the Town of Collins or the Town Superintendent of Highways of the Town of Collins, and that 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; and no such action shall be maintained for damages or injuries to persons or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, culvert or any other property owned by the Town of Collins, or any property owned by any improvement district in the Town of Collins, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Collins or the Town Superintendent of Highways of the Town of Collins 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 the receipt of such notice.

§ 219-4 Prior written notice required.

No civil action shall be maintained against the Town or any improvement district within the Town or against the Town's officers or employees for personal injury, including death or damage to property, related to, caused by, resulting from, or arising out of any property owned or constructed by the Town or involving property in the care, custody or control of the Town being defective, out of repair, unsafe, dangerous, obstructed or improperly maintained, unless, prior to the occurrence of the injury or damage, the Town shall have been given actual written notice of the alleged condition complained of and shall have failed or neglected within a reasonable time after such written notice to repair or remove the condition.

§ 219-5 Notice; contents.

The notice required by this chapter shall contain the following:
A. 
The full name and address of the claimant;
B. 
The particular property of the Town and its location claimed to be defective, out of repair, unsafe, dangerous or obstructed;
C. 
The time such condition was first observed or made known to the claimant;
D. 
A statement of the particulars in which the property is defective, out of repair, unsafe, dangerous or obstructed.

§ 219-6 Service of notice.

The written notice provided for by this chapter shall be served by personal service within the Town of Collins upon the Town Clerk or Town Supervisor, and, in the case of highway property, upon the Town Supervisor and upon the Town Superintendent of Highways.

§ 219-7 Record of notice. [1]

A. 
The Town Supervisor and Superintendent of Highways shall transmit to the Town Clerk all written notices received by them pursuant to this chapter within 10 days after receipt thereof.
B. 
The Town Clerk shall keep a record in a separate book of all written notices received pursuant to this chapter in accordance with the requirements of Town Law § 65-a, Subdivision 4.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 219-8 Repeal of existing requirements not intended.

Nothing contained in this chapter shall be held to repeal or modify or waive any existing requirement or statute of limitations which is applicable to these classes of actions but, on the contrary, shall be held to be additional requirements to the right to maintain such action, nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the Town and/or any of its improvement districts any greater duty or obligation otherwise imposed by law.