[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.
