[HISTORY: Adopted by the Town Board of the Town of Niles as indicated in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter shall be known as the "Prior Written Notice of Defective Conditions Local Law of the Town of Niles."
Where claims for bodily injury or damage to property are asserted against the town arising out of alleged defective conditions of property owned by or in the care, custody or control of the town, adequate 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 notice of an alleged defective condition, and is able to respond in a prompt and reasonable manner, the Town Board considers it to be important that such prior notice be in writing. It is the purpose of this chapter to require that notice of defective conditions of town property be given to the town by prior written notice actually received by the town in order to provide for the safety, health, protection and general welfare of persons and property in the Town of Niles.
No civil action shall be maintained against the town, its officers or employees for personal injury, including death, or damage to property related to, caused by, resulting from or rising out of any property owned by the town or property in the care, custody or control of the town being defective, out of repair, unsafe, dangerous or obstructed 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 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.
A. 
The written notice provided for by this chapter shall be served by personal service within the Town of Niles upon the Town Clerk or Town Supervisor and, in the case of highway property, upon the Town Superintendent of Highways.
B. 
Personal service may also be made by mailing of such notice by certified or registered mail to the officials specified in this section at their respective town office addresses.
C. 
The claimant shall have the burden of proving service of the notice in compliance with this section in any civil action maintained against the town or any officer or employee thereof.
A. 
The Town Supervisor and Superintendent of Highways shall promptly transmit to the Town Clerk all written notices received by them pursuant to this section.
B. 
The Town Clerk shall keep a record in a separate book of all written notices received pursuant to this section.