This chapter shall be known as the "Prior Written Notice of
Defective Conditions Law of the Town of North Collins, New York."
Where claims for bodily injury or damage to property are asserted
against the Town arising out of alleged defective conditions of property
owned or constructed by or in the care, custody or control of the
Town, adequate prior 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 findings of liability against the Town. To assure that
the Town receives actual prior notice of an alleged unsafe or defective
condition and is able to respond in a prompt and reasonable manner,
such prior notice shall be in writing. It is the purpose of this chapter
to require that notice of unsafe or defective conditions of Town property
be given to the Town by prior written notice actually received by
the Town.
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.
The written notice provided for by this chapter shall be served
by personal service within the Town of North Collins upon the Town
Clerk or Town Supervisor, and in the case of highway property, upon
the Town Supervisor and upon the Town Superintendent of Highways.
[Amended 12-4-1991 by L.L. No. 2-1991]
A. The Town Supervisor and Superintendent of Highways shall, within
10 days of receipt, transmit to the Town Clerk all written notices
received by them pursuant to this chapter.
B. The Town Clerk shall keep a record, in a separate book, of all written
notices received pursuant to this chapter in accordance with the provisions
of § 65-a of the Town Law.
Nothing contained in this chapter shall be held to repeal or
modify or waive any existing requirement or statute of limitations
which is applicable to these classes of action, but, on the contrary,
they shall be held to be additional requirements to the right to maintain
such action, nor shall anything herein contained be held to modify
any existing rules of law relative to the question of contributory
negligence nor to impose the Town and/or any of its improvement districts
any greater duty or obligation than otherwise imposed by law.