[HISTORY: Adopted by the Town Board of the Town of Colton 11-3-2004 by L.L. No.
2-2004. Amendments noted where applicable.]
A.
It is the intent of this chapter to require a notice of defect to
be filed with the Town of Colton, New York, so that the Town may be
placed on actual notice of any dangerous conditions and therefore
be more capable to replace and repair defective Town property and
protect Town residents from injury. It is the intent of the Town Board
to require notice for all defects and/or dangerous conditions of any
kind, type or nature, not just physical conditions such as holes and
cracks, so as to strengthen and increase the Town's capacity
to protect lives and property and the public welfare.
No cause of action shall accrue against or shall be maintained
against the Town of Colton, St. Lawrence County, New York, its officers,
agents or employees, for damages or injuries to a person or property
sustained in consequence of any defective or out-of-repair Town property,
or property under the direct or indirect control of the Town, unless
a written notice of defect was first filed with the Town Clerk and
there was a failure or neglect by the Town within a reasonable time
after the receipt of such written notice to repair or remove the defect,
danger or obstruction. The filing of a notice of defect shall be a
condition precedent to the filing or maintaining of an action or special
proceeding against the Town, its officers, agents or employees, for
such damage or injury to person or property, in addition to any other
notice(s) required by law.
Town property, or property under direct or indirect control
of the Town, shall include but not be limited to streets, highways,
driveways, bridges, culverts, sidewalks, crosswalks, or parts or appurtenances
thereof. Defects and unsafe or dangerous conditions referred to in
this chapter include, without limitation, the lack or absence of,
failure to provide or failure to maintain signs, safety devices, traffic
control devices or snow and ice control.
A.
The Town Clerk shall keep an indexed record of all notices of defect,
which record shall indicate the time and date of receipt of the notices.
After receipt, the Town Clerk shall forward copies of these notices
to the Town Supervisor.
B.
The Town Clerk shall maintain an indexed record of all remediation
and/or repair(s) of conditions registered through a notice of defect
for a period of five years after the date it is received. This record
shall indicate the date, time, extent of repair or remediation, and
who performed the work.[1]
A.
The notice of defect shall state that it is a notice of defect, the
name and address of the complainant, the specific nature of the defective
condition, and the exact location of the defective condition.
B.
The notice of defect shall be signed by the complainant and be verified
by completing the form available in the Town Clerk's office.
C.
The notice shall be served on the Town by either delivering a letter
thereof personally to the Town Clerk or by certified or registered
mail addressed to the Town Clerk.
A.
This chapter shall not create new or additional liability for the
Town where there was no specific existing duty on the part of the
Town to repair or replace the defective or dangerous condition.
B.
No claims shall be presented nor any action maintained against the
Town, its officers, agents or employees for damages or injuries resulting
from defective or dangerous condition for which a notice defect has
been filed where the Town Board has determined the remedy or action
appropriate to cure such defective or dangerous condition, unless
such determination is without rational basis or is grossly negligent,
or unless the remedy or action specified in such determination has
not been implemented within a reasonable time. Nothing in this chapter
shall be deemed to preclude the Town Board from making a determination
that no remedial or corrective action is either necessary, appropriate
or justified for a condition for which a notice of defect has been
filed.
