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Town of Ellicott, NY
Chautauqua County
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[HISTORY: Adopted by the Town Board of the Town of Ellicott: Art. I, 10-6-1993 as L.L. No. 2-1993,[1] amended in its entirety 5-4-1994 by L.L. No. 4-1994. Subsequent amendments noted where applicable.]
Street dedications — See Ch. 131.
Vehicles and traffic — See Ch. 141.
Editor's Note: This local law superseded former Ch. 125, Streets and Sidewalks, Art. I, Notification of Defects, adopted 5-4-1977 as L.L. No. 1-1977, as amended.
[Adopted 10-6-1993 as L.L. No. 2-1993; amended in its entirety 5-4-1994 by L.L. No. 4-1994]
This Article is enacted in recognition of the fact that the Town of Ellicott is the owner of various and sundry parcels of real estate located throughout the township; that many of these parcels are seldom visited by Town of Ellicott officers or employees or their agents and that it is not economically feasible for the Town of Ellicott to have such officers, employees or their agents visit all the Town of Ellicott's properties on a regular basis; and that the condition of these parcels may change from time to time, at times presenting a danger to members of the general public, or others, who might visit the property. It is the purpose of this Article to enlarge the class of properties with respect to which notices of defect must be filed with the town as a precondition to municipal tort liability beyond that otherwise provided for in § 50-e, Subdivision 4, of the General Municipal Law. The Town of Ellicott is hereby acting under the powers established in the Municipal Home Rule Law and the New York State Constitution.
No civil action shall be maintained against the Town of Ellicott nor against any town officer or employee for damages or injuries to persons or property sustained by reason of any real property owned by the Town of Ellicott, or improvements on any such real property or any street, highway, bridge, culvert, sidewalk or crosswalk; or of the existence of any snow or ice thereon, or being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition of such real property or improvement thereupon was actually given to the Town Clerk or Town Superintendent of Highways, and 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.
Shall any provision of this Article or its application to any person or circumstance be found invalid or unenforceable, the remainder of this Article, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby.