[Adopted 8-7-1989 by L.L. No. 6-1989,
amended in its entirety 2-10-2003 by L.L. No. 3-2003]
It is the intent of this article to implement the requirement of giving
written notice of defects, in accordance with § 50-e of the General
Municipal Law and § 65-a of the Town Law, in order that the Town
of Wheatfield may be apprised of the same and given a reasonable opportunity
to correct the same so as to better protect lives and properties within the
Town of Wheatfield.
No civil action shall be maintained against the Town of Wheatfield for
damages or injuries to person or property sustained in consequence of any
street, highway, bridge, culvert, sidewalk or crosswalk being defective, out
of repair, unsafe, dangerous or obstructed or for damages or injuries to person
or property sustained solely in consequence of the existence of snow or ice
upon any sidewalk, crosswalk, street, highway, bridge or culvert unless written
notice of the defective, unsafe, dangerous or obstructed condition or of the
existence of the snow or ice, relating to the particular place, was actually
given to the Town Clerk and there was a failure or neglect within a reasonable
time after the receipt of such notice to repair or remove the defect, danger
or obstruction complained of or to cause the snow or ice to be removed or
the place otherwise made reasonably safe.
Any person desirous of giving a written notice in accordance with this
article shall either:
A.
Cause such written notice in duplicate to be delivered
personally to the Town Clerk, who shall file the original and acknowledge
receipt of the same on the duplicate thereof, returning the duplicate to the
person filing the same; or
B.
Cause such written notice, in duplicate, to be mailed
to the Town Clerk, postage prepaid, by either certified or registered mail,
return receipt requested, upon receipt of which the Town Clerk shall file
the original and acknowledge receipt of the same on the duplicate thereof,
returning the duplicate to the person who mailed the same at the address provided.
The written notice hereunder shall contain at least the following information:
A.
Name and mailing address of person giving the notice.
B.
A precise statement as to the nature and extent of any
defective or dangerous condition in need of repair, unsafe or obstructed condition,
or the existence of snow or ice upon any street, highway, bridge, culvert,
sidewalk or crosswalk within the Town of Wheatfield.
C.
The approximate date that such condition first became
known to the person giving the notice.
D.
The exact location of such condition, giving wherever
possible reference to a street address or addresses, utility pole numbers
or such other geographic reference as will aid the Town in properly locating
such condition.
Immediately upon receipt of a notice under this article, the Town Clerk
shall cause the original thereof to be filed in a separate file maintained
by the Town Clerk solely for this purpose, and the Town Clerk shall cause
a copy of such to be directed to the department head the Town Clerk deems
responsible for the correction of such condition.
The Town Clerk shall keep an indexed record, in a separate book, of
all written notices received pursuant to this article, as required by § 65-a,
Subdivision 4, of the Town Law.
This article shall supersede in its application to the Town of Wheatfield
Subdivisions 1 and 3 of § 65-a of the Town Law.
