[HISTORY: Adopted by the Cayuga County Legislature by L.L. No. 1-1979; amended in its entirety 6-26-2007 by L.L. No. 4-2007. Subsequent amendments noted where applicable.]
The purpose of this chapter is to expand on Local Law No. 1
for the Year 1979 which requires prior written notice of defects for
claims arising from defective conditions of County highways or bridges,
to include adequate prior written notice where claims for bodily injury
or damage to property are asserted against the County arising out
of alleged defective conditions of any property owned or constructed
by or in the care, custody or control of the County, in order to allow
the County the opportunity to investigate and correct such conditions,
if found to exist. Whether the County 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 County. To assure that the County 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 section to require
that notice of unsafe or defective conditions of County property be
given to the County by prior written notice actually received by the
County.
For the purposes of this chapter, the following words, phrases
and terms and their derivations shall have the meanings given herein:
A highway, street, road, cul-de-sac, drive or other roadway
maintained by the County, whether or not such highway has been formally
dedicated to the County. This definition shall include bridges, shoulders,
curbs, gutters, culverts, signs and other traffic control devices
and all other things appurtenant to a highway.
All County highways, streets, bridges, culverts, sidewalks,
crosswalks, walkways, trails, paths, parking areas, playgrounds, parks
and all other real property owned, leased, used, occupied or maintained
by the County or over or through which the County has an easement
or right-of-way and all buildings, structures, fixtures, personal
property and appurtenances thereto owned, leased, used, occupied or
maintained by the County.
Any defective, hazardous, dangerous or obstructed condition,
including such conditions as may have been created by an act or omission
of any employee or officer of the County, and including such conditions
as may result from inadequate or improper design, maintenance or repair
or from the existence of snow or ice thereon.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No civil action shall be maintained against the County of Cayuga for damages or injuries (including death) to person or property sustained by reason of any County highway or County property being in an unsafe condition, as those terms are defined in § 194-2 above, unless written notice of the unsafe condition was actually given to the Clerk of the Legislature and there was a failure or neglect within a reasonable time after giving such notice to repair or remove the unsafe condition complained of, and no such action shall be maintained for damages or injuries (including death) to persons or property sustained solely by in consequence of the existence of snow or ice upon any County highway or County property, as defined in § 194-2, unless written notice thereof, specifying the particular location, was actually given to the Clerk of the Legislature and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonable safe within a reasonable time after the receipt of such notice.
No civil action shall be maintained against the County or against
the County's officers or employees for personal injury, including
death or damage to property, related to, caused by, resulting from
or arising out of any property owned or constructed by the County,
or involving property in the care, custody or control of the County,
being defective, out of repair, unsafe, dangerous, obstructed or improperly
maintained unless, prior to the occurrence of the injury or damage,
the County shall have been given actual written notice of the alleged
condition complained of and shall have failed or neglected within
a reasonable time after such written notice to repair or remove the
condition.
The notice required by this section shall contain the following:
A.
The full name and address of the claimant.
B.
The particular property of the County 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The written notice provided for by this section shall be served
by personal service within the County of Cayuga upon the Clerk of
the Legislature or his (or her) designated representative.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The Clerk of the Legislature shall keep and maintain a record of
all written notices received pursuant to this section, which record
shall state the date of the receipt of the notice, the nature and
location of the conditions stated to exist and the name and address
of the person from whom the notice is received. The record of each
notice shall be preserved for a period of at least five years after
the date it is received.
B.
The Clerk of the Legislature shall transmit a copy of all written
notices received pursuant to this section to the County Highway Superintendent
and the County Attorney within 10 days of receipt thereof.
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 actions, but, on the contrary,
this chapter 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 rule of law relative to the question of contributory
negligence or to impose upon the County an greater duty or obligation
than otherwise imposed by law.
If any clause, sentence, paragraph, section or part of this chapter
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment, decree or order shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment, decree
or order shall have been rendered, and the remainder of this chapter
shall not be affected thereby and shall remain in full force and effect.
