[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.]
This chapter shall be known as the "Prior Written Notice of
Defective Conditions Law of the Town of 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 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.
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.
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 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.
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.
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.
