[Adopted 10-6-1992 by L.L. No. 1-1992; amended in its entirety 10-3-2023 by L.L. No. 4-2023]
This article shall be known as the "Prior Written Notice of Defective Conditions of Town Property Local Law of the Town of Catskill."
Where claims for bodily injury or damage to property are asserted against the Town arising out of alleged defective conditions of property owned by or in the care, custody or control of the Town, adequate 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 finding of liability against the Town. To assure that the Town receives notice of an alleged defective condition and is able to respond in a prompt and reasonable manner, the Town Board considers it to be important that such prior notice be in writing. It is the purpose of this article to require that notice of defective conditions of Town property be given to the Town by prior written notice actually received by the Town in order to provide for the safety, health, protection and general welfare of persons and property in the Town of Catskill.
No civil action shall be maintained against the Town, its officers or employees for personal injury, including death, or damage to property related to, caused by, resulting from or arising out of any highway, bridge, culvert, street, sidewalk or crosswalk owned by the Town or any highway, bridge, culvert, street, sidewalk or crosswalk in the care, custody and control of the Town being defective, out of repair, unsafe, dangerous or obstructed unless, prior to the occurrence of the injury or damage, the Town shall have been given actual written notice of the alleged conditions complained of and shall have failed or neglected within a reasonable time to repair or remove the condition. No such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk or culvert, unless written notice thereof specifying the particular place was actually given to the Town Clerk or Town Superintendent of Highways and there was failure or neglect to cause such snow or ice to be removed, or to make the place otherwise reasonably safe, within a reasonable time after the receipt of such notice.
The notice required by this article shall contain the following:
A. 
The full name and address of the person giving notice.
B. 
The particular property of the Town and its location which is claimed to be defective, out of repair, unsafe, dangerous or obstructed.
C. 
The time such condition was first observed or made known to the person giving notice.
D. 
A statement of the particulars in which the property is defective, out of repair, unsafe, dangerous or obstructed.
A. 
The written notice provided for by this article shall be served by personal service within the Town of Catskill upon the Town Clerk and, in the case of highway property, upon the Town Superintendent of Highways. Service shall be made at their respective Town offices.
B. 
Service may also be made by mailing such notice by certified mail, return receipt requested, to the officials specified in this section at their respective Town office addresses.
C. 
The claimant shall have the burden of proving service of the notice in compliance with this section in any civil action maintained against the Town or any officer or employee thereof.
A. 
The Town Superintendent of Highways shall transmit, in writing, to the Town Clerk within five days after the receipt thereof all written notices received by him or her pursuant to this article and Subdivision 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received pursuant to this article and Subdivision 2 of § 65-a of the Town Law to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner.
B. 
The Town Clerk shall keep a record in a separate book of all written notices received pursuant to this section. All such written notices shall be indexed according to the location of the alleged defective, unsafe, dangerous or obstructed condition or the location of accumulated snow or ice.
A. 
If any section, paragraph, sentence, clause or provision of this article shall be adjudged to be invalid, such adjudication shall apply only to such portion expressly adjudged invalid, and the remainder thereof shall in all respects be valid and effective.
B. 
Nothing contained in this article shall be held to repeal or modify or waive any existing requirement or statute of limitations which is applicable to these classes of actions. It is the purpose of this article to supplement the provision of any other statute, including but not limited to Town Law § 65-a and §§ 50-g and 50-f of the General Municipal Law. Further, this article shall supersede in its application to the Town of Catskill Subdivisions 1 and 3 of § 65-a of the Town Law of the State of New York.
This article shall be effective immediately upon its filing in the office of the Secretary of State.