[Adopted 4-23-1991 by L.L. No. 3-1991[1]]
[1]
Editor's Note: This local law superseded former Art. III,
Civil Claims Notice, adopted 6-25-1985 by L.L. No. 9-1985.
This article shall be known as and may be cited as "Civil Claims
Notice" of the Code of the Town of Smithtown.
[Added 2-22-2007 by L.L. No. 1-2007; amended 3-29-2007 by L.L. No.
4-2007]
This article shall supersede § 65-a(1) and (3) of
the New York State Town Law insofar as it is inconsistent with such
section.
[Amended 7-22-2003 by L.L. No. 2-2003]
No civil action shall be maintained against the Town of Smithtown,
the Town of Smithtown Water District, the Town of Smithtown St. James
Water District, the Town of Smithtown Industrial Development Agency,
the Town of Smithtown Housing Development Corporation, the Town of
Smithtown Multifamily Housing Corporation, the Town of Smithtown Parking
District, the Town of Smithtown Department of Parks, the Town of Smithtown
Department of Recreation, the Town of Smithtown Highway Department
or the Town of Smithtown Traffic Safety Department or the Town of
Smithtown Community Development Agency or any other department or
agency of the Town of Smithtown unless the requirements of this article
are fully met.
[Amended 2-22-2007 by L.L. No. 1-2007]
No civil action shall be maintained against the Town of Smithtown
for damages or injuries to person or property sustained by reason
of any highway, bridge, culvert, sidewalk, sewer, manhole or appurtenance
or curb being defective, out of repair, unsafe, dangerous or obstructed
or due to any missing highway sign or the failure to provide by ordinance
or otherwise for the erection of any highway sign unless written notice
of such defective, unsafe, dangerous or obstructed condition shall
be filed with the Town Clerk at least 15 calendar days prior to the
event giving rise to the alleged claim.
A.
In the absence of written notice that is required above, no civil
claim shall be maintained against the Town of Smithtown, nor shall
any civil claim be maintained based on an allegation that such defect,
danger or obstruction existed for so long a period of time that the
same should have been discovered and remedied in the exercise of reasonable
care and diligence, nor a claim that any Town employee possessed actual
knowledge of such defect, danger or obstruction, unless written notice
is filed with the Town Clerk as required above.
B.
Nothing herein contained shall be construed to relieve a claimant
of the obligation to serve a notice of claim on the Town of Smithtown
as provided in § 50-e of the General Municipal Law.
The written notice required by this section shall state the
exact location of the alleged defect, danger or obstruction and shall
specifically state the condition complained of. If this requirement
is not met, such notice shall be void.
This article shall become effective upon filing with the Secretary
of State.
