[HISTORY: Adopted by the Town Board of the Town of Riverhead 9-21-1982 by L.L. No. 6-1982 (Ch. 10 of the 1976 Code). Amendments noted where applicable.]
[Amended 5-21-1985 by L.L. No. 5-1985; 7-6-2005 by L.L. No. 18-2005; 4-15-2008 by L.L. No. 13-2008; 7-3-2012 by L.L. No. 10-2012]
No civil action shall be maintained against the Town of Riverhead, the Town of Riverhead Water District, the Town of Riverhead Sewer District, the Town of Riverhead Scavenger Waste District, the Town of Riverhead Streetlighting District, the Town of Riverhead Industrial Development Agency, Riverhead IDA Economic Job Development Corporation, Riverhead Housing Development Corporation, Riverhead Multifamily Housing Corporation, the Riverhead Parking District, the Community Development Agency, the Riverhead Business Improvement District and the Accessory Apartment Review Board unless the requirements of this chapter are fully met.
[Amended 5-21-1985 by L.L. No. 5-1985; 7-6-2005 by L.L. No. 18-2005; 4-15-2008 by L.L. No. 13-2008]
No civil action shall be maintained against the Town of Riverhead or any of the agencies mentioned in § 109-1 herein for damages or injuries to persons or property sustained by reason of any defect in the condition, maintenance or design of any property (including easements and rights-of-way and leased lands), highway, bridge, culvert, curb, catch basin, recharge area, fencing, sidewalk; sewer manhole, main or appurtenance; water meter, main or appurtenance; curb, any missing highway sign or the failure to provide, by ordinance or otherwise, for the erection of any highway sign; park, playground, beach, wharf, dock, marina, or community hall, unless written notice of such defective, unsafe, dangerous or obstructed condition shall be filed with the Town Clerk at least 15 calendar days prior to the event giving rise to the alleged claim and there was a failure or neglect to cause such defective, unsafe, dangerous or obstructed condition to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
[Amended 5-21-1985 by L.L. No. 5-1985]
In the absence of written notice, as required above, no civil claim shall be maintained against the Town of Riverhead or any of the agencies mentioned in § 109-1 herein, nor shall any civil claim be maintained based on an allegation that such defect, danger or obstruction existed for so long a period of time that the same should have been discovered and remedied in the exercise of reasonable care and diligence nor a claim that any Town employee possessed actual notice of such defect, danger or obstruction unless written notice is filed with the Town Clerk as required above.
The written notice required by this chapter shall state the exact location of the alleged defect, danger or obstruction and shall specifically state the condition complained of. If this requirement is not met, such notice shall be void.
Notwithstanding any inconsistent provision of law, no civil action shall be commenced against the Town of Riverhead for damages sustained by reason of the effect of any local law, Chapter 301, Zoning and Land Development, or zoning amendment upon any property located within the Town of Riverhead, unless a notice of claim is served upon the Town of Riverhead within 90 days after the date the claim arises.
The notice shall be in writing, sworn to by or on behalf of the claimant, and shall set forth:
The notice shall be served upon the Town of Riverhead by delivering a copy thereof personally or by registered or certified mail to the Town Clerk. Service by registered or certified mail shall be complete upon deposit of the notice of claim, enclosed in a postpaid, properly addressed wrapper, in a post office or official depository under exclusive care and custody of the United States Post Office.
The provisions of this chapter are declared to be severable, and if any section, subsection, sentence, clause or phrase hereof shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stand, notwithstanding the invalidity of any part thereof.
This chapter shall supersede in its application to the Town of Riverhead Town Law § 65-a, Subdivisions 1, 2 and 3. Nothing herein shall be construed to relieve a claimant of any obligation created by Subdivision 2 of § 65-a of the Town Law or relieve the claimant of the obligation to serve a notice of claim as provided in § 50-e of the General Municipal Law.