[HISTORY: Adopted by the Town Board of the Town of North
Collins 4-1-1987 by L.L. No. 1-1987 (Ch. 127 of the 1991 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 15.
This chapter shall be known as the "Prior Written Notice of
Defective Conditions Law of the Town of North Collins, New York."
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 findings 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.
A.
No civil action shall be maintained against the Town of North Collins
or the Town Superintendent of Highways of the Town of North Collins
or against any improvement district in the Town of North Collins for
damages or injuries to persons or property sustained by reason of
any highway, bridge, culvert or any other property owned by the Town
of North 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 North Collins or any property owned by any improvement
district in the Town of North Collins was actually given to the Town
Clerk of the Town of North Collins or the Town Superintendent of Highways
of the Town of North Collins 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; 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 North Collins or any property owned by any improvement district
in the Town of North Collins unless written notice thereof, specifying
the particular place, was actually given to the Town Clerk of the
Town of North Collins or the Town Superintendent of Highways of the
Town of North 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.
B.
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.
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.
The written notice provided for by this chapter shall be served
by personal service within the Town of North 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.
[Amended 12-4-1991 by L.L. No. 2-1991]
A.
The Town Supervisor and Superintendent of Highways shall, within
10 days of receipt, transmit to the Town Clerk all written notices
received by them pursuant to this chapter.
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 provisions
of § 65-a of the Town Law.
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 action, but, on the contrary,
they 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 rules of law relative to the question of contributory
negligence nor to impose the Town and/or any of its improvement districts
any greater duty or obligation than otherwise imposed by law.