[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 6-1-1977 by L.L. No. 4-1977 (Ch. 15 of the 1974
Code); amended in its entirety 3-16-2010 by L.L. No. 1-2010. Subsequent amendments
noted where applicable.]
This shall be a chapter providing for written notification of
defects and obstructions on Town highways, bridges, streets, sidewalks,
crosswalks and culverts in the Town of Clarkstown and for damages
or injuries to persons or property sustained by reason of any buildings,
land, facilities and/or easements owned, operated, maintained, controlled,
leased or used by the Town of Clarkstown, its agencies and/or departments,
including but not limited to Town Hall, court facilities, police headquarters
and facilities, parks, recreation facilities, community centers, counseling
centers, lakes and ponds, parking lots, landfill complex, composting
facilities, storm and sanitary sewer easements, utility easements
and walking easements, being defective, out of repair, unsafe, dangerous
or obstructed. The purpose of this chapter is to provide notification
to the Town to ensure the safety, health, protection and general welfare
of persons in the Town of Clarkstown.
A.
No civil action shall be maintained against the Town
or the Town Superintendent of Highways for damages or injuries to
person or property sustained by reason of a highway, sidewalk, bridge
or culvert being defective, out of repair, unsafe, dangerous or obstructed
unless written notice of such defective, unsafe, dangerous or obstructed
condition of such highway, sidewalk, bridge or culvert was actually
given to the Town Clerk or Superintendent of Highways and there was
a failure or neglect within a reasonable time after the giving of
such notice to repair or remove the defect, danger or obstruction
complained of. 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, sidewalk, bridge or culvert, unless
written notice thereof, specifying the particular place, was actually
given to the Town Clerk or Town Superintendent of Highways.
B.
No civil action shall be maintained against the Town
for damages or injuries to person or property sustained by reason
of any buildings, land, facilities and/or easements owned, operated,
maintained, controlled, leased or used by the Town of Clarkstown,
its agencies and/or departments, including but not limited to Town
Hall, court facilities, police headquarters and facilities, parks,
recreation facilities, community centers, counseling centers, lakes
and ponds, parking lots, landfill complex, composting facilities,
storm and sanitary sewer easements, utility easements and walking
easements, being defective, out of repair, unsafe, dangerous or obstructed
unless written notice of such defective, unsafe, dangerous or obstructed
condition of such was actually given to the Town Clerk and there was
a failure or neglect within a reasonable time after the giving of
such notice to repair or remove the defect, danger or obstruction
complained of.
C.
The notice
shall be given by delivering a copy thereof personally or by registered
or certified mail to the Town Clerk or to the Town Superintendent
of Highways.
A.
The Town Superintendent of Highways shall transmit, in writing, to the Town Clerk, within 10 days after the receipt thereof, all written notices received by him pursuant to § 188-2A of this chapter and § 65-a, Subdivision 2, of the Town Law. The Town Clerk shall cause all written notices received by him or her pursuant to this chapter and § 65-a, Subdivision 2, 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.
The Town Clerk shall keep an indexed record in a separate book
of all written notices which said Clerk shall receive pursuant to
this chapter of the existence of a defective, unsafe, dangerous or
obstructed condition in or upon, or of an accumulation of ice or snow
upon, any Town highway, traffic signal, bridge, sidewalk or culvert,
damages or written notices of injuries to persons or property sustained
by reason of any buildings, land, facilities and/or easements owned,
operated, maintained, controlled, leased or used by the Town of Clarkstown,
its agencies and/or departments, including but not limited to Town
Hall, court facilities, police headquarters and facilities, parks,
recreation facilities, community centers, counseling centers, lakes
and ponds, parking lots, composting facilities, storm and sanitary
sewer easements, utility easements and walking easements, being defective,
out of repair, unsafe, dangerous or obstructed, which record shall
state the date of receipt of the notice, the nature and location of
the condition stated to exist and the name and address of the person
from whom the notice is received. The records of each notice shall
be preserved for a period of five years after the date it is received.
