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.
This article shall be effective immediately upon its filing
in the office of the Secretary of State.