[HISTORY: Adopted by the Town Board of the Town of Clayton 2-9-2023 by L.L. No. 3-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 170,
Notification of Defects, adopted 5-11-1977 by L.L. No. 2-1977.
It is the intention of the Town Board to protect the health
and safety of the community by requiring actual written notice of
defective and hazardous conditions existing on Town owned, or maintained,
properties. The receipt of actual written notice will enhance the
Town's ability to remedy dangerous conditions on all properties
under the management and care of Town personnel in an expeditious
and safe manner. This chapter is enacted pursuant to Authority of
NY Town Law § 65-a and Municipal Home Rule Law § 10.
Be it enacted by the Town Board of Clayton that no civil action
shall be maintained against the Town or any Town official or Town
Superintendent of Highways for damages or injuries to person or property
sustained by reason of any highway, street, crosswalk, bridge, culvert
being defective, out of repair, unsafe, dangerous or obstructed unless
written notice of such defective, unsafe dangerous or obstructed condition
of such highway, street, crosswalk, bridge or culvert was actually
given to the Town Clerk or Town Superintendent of Highways, 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; nor shall such action be maintained for damages or
injuries to person or property sustained solely in consequence of
the existence of snow or ice upon any highway, street, crosswalk,
bridge or culvert, unless written notice thereof, specifying the particular
place, was actually given to the Town Clerk or 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 the receipt of such notice.
No civil action shall be maintained against the Town, or any
Town Official or Town Superintendent of Highways for damages or injuries
to person or property sustained by reason of any defect in its sidewalks
or in consequence of the existence of snow or ice upon any of its
sidewalks, unless such sidewalks have been constructed or are maintained
by the Town or the Superintendent of Highways of the Town pursuant
to statute, nor shall any action be maintained for damages or injuries
to person or property sustained by reason of such defect or in consequence
of such existence of snow or ice unless written notice thereof, specifying
the particular place, was actually given to the Town Clerk or to the
Town Superintendent of Highways, and there was a failure or neglect
to cause such defect to be remedied, 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.
The Town Superintendent of Highways shall transmit, in writing,
to the Town Clerk within 10 days after the receipt thereof all written
notices received by him/her pursuant to this section.
The Town Clerk shall keep an indexed record, in a separate book,
of all written notices which he/she shall receive 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 highway, street,
crosswalk, bridge, culvert or sidewalk, 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
the notice is received. All such written notices shall be indexed
according to the location of the alleged defective, unsafe, dangerous
or obstructed condition, or the location of accumulated snow or ice.
The record of each notice shall be preserved for a period of five
years after the date it is received.
It is the intent of the Town Board, pursuant to the Municipal
Home Rule Law of the State of New York, to adopt provisions more restrictive
than § 65-a of the Town Law of the State of New York.
This chapter shall take effect immediately upon filing with
the Secretary of State.
