Town of Huntington, NY Liability of Town

It is the intention of the Town Board to protect the health and safety of the community by requiring actual written notice of defective and hazardous conditions existing on town-owned or maintained properties, including properties owned or maintained by an improvement or special district. The receipt of actual written notice will enhance the town's ability to remedy dangerous conditions on all properties under the management and care of town personnel in an expeditious and safe manner. In order to accomplish this goal, the Town Board is exercising its authority pursuant to § 10(1)(ii)(a)(5), (6) and (12) and § 10(1)(ii)(d)(3) of the Municipal Home Rule Law, § 50-e(4) of the General Municipal Law, § 130(15) of the Town Law, and any other applicable provision of law now or hereinafter enacted, to supersede and/or expand upon the applicable provisions of § 65-a(1) and (2) of the Town Law and any other applicable provision of law now or hereinafter enacted in the following respects:

The manner of service of a notice of defect and upon whom service will be valid;

A provision requiring the notice of defect to be made by one with first-hand knowledge of the condition;

Requiring prior written notice of a defect and/or obstruction for a street, sidewalk and crosswalk; and

In the absence of prior written notice of a defect, the insufficiency of constructive notice as a viable alternative to the imposition of liability upon the Huntington Town Board, the Board of Trustees, the Town of Huntington, its elected officials, public officers, agents, servants and/or employees, and an improvement or special district.

§ 174-2 Definitions.

For the purpose of this article, the following words shall have the meanings indicated:

SIDEWALK

The area between the edge of a roadway or highway pavement and the lot line of the abutting property, including but not limited to the curb, utility, brick, tree, dirt or landscape areas.

§ 174-3 Written notification of defects, snow, ice and obstructions; causes of action.

No civil action shall be maintained against the Huntington Town Board, the Huntington Board of Trustees, the Town of Huntington, its elected officials, public officers, agents, servants and/or employees, and no civil action shall be maintained against an improvement or special district within the Town for damages or injuries to person or property sustained by reason of any highway, bridge, culvert, street, sidewalk or crosswalk owned, operated or maintained by the town or owned, operated or maintained by any improvement or special district therein being defective, out of repair, unsafe, dangerous or obstructed unless written notice of the specific location and nature of such defective, unsafe, out of repair, dangerous or obstructed condition by a person with first-hand knowledge was actually given to the Town Clerk or the Town Superintendent of Highways in accordance with § 174-5 hereof and there was thereafter a failure or neglect within a reasonable time to repair or remove the defect, danger or obstruction complained of. In no event shall the Huntington Town Board, the Huntington Board of Trustees, the Town of Huntington, its elected officials, public officers, agents, servants and/or employees, or any improvement or special district, be liable for damage or injury to persons or property in the absence of such prior written notice. Constructive notice shall not be applicable or valid.

No civil action shall be maintained against the Huntington Town Board, the Huntington Board of Trustees, the Town of Huntington, its elected officials, public officers, agents, servants and/or employees, and no civil action shall be maintained against an improvement or special district within the Town for damages or injuries to person or property sustained by reason of the existence of snow or ice upon any highway, bridge, culvert, street, sidewalk or crosswalk owned, operated or maintained by the Town of Huntington or any improvement or special district unless written notice thereof by a person with first-hand knowledge, specifying the particular place and defect, was actually given to the Town Clerk or Town Superintendent of Highways in accordance with § 174-5 hereof and there was a 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. In no event shall the Huntington Town Board, the Huntington Board of Trustees, the Town of Huntington, its elected officials, public officers, agents, servants and/or employees, or any improvement or special district, be liable for damage or injury to persons or property in the absence of such prior written notice. Constructive notice shall not be applicable or valid.

Nothing contained herein is intended to relieve a claimant of the obligation to file and serve a notice of claim in accordance with § 50-e of the General Municipal Law and any successor law.

Exception: Notwithstanding Subsections A - C herein, the Huntington Town Board, the Huntington Board of Trustees, the Town of Huntington, its elected officials, public officers, agents, servants and/or employees, and an improvement or special district within the Town shall not be liable for damages or injuries to person or property from defects on Town owned, controlled or maintained highways or streets sustained between the fifteenth day of November and the first day of May.

[Added 2-1-2011 by L.L. No. 6-2011]

§ 174-4 Duties of Superintendent of Highways and Town Clerk.

The Town Superintendent of Highways shall transmit all notices of defect received by him or her pursuant to this article to the Town Clerk within ten (10) working days of receipt. The Town Clerk shall keep an indexed record, in a separate book, of all written notices received pursuant to this article. Such record shall contain the date of receipt of such 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. All such written notices shall be indexed by location of the alleged defect or obstruction. A record of such notices shall be preserved for a period of five (5) years of the date of receipt by the Town Clerk.

§ 174-5 Service of written notice; contents.

Written notice of defect shall be served upon the Superintendent of Highways and/or Town Clerk by personal delivery or by registered, certified or regular mail. Such notice shall be made by a person with first-hand knowledge of the condition, defect or obstruction specified in the notice and shall identify, with particularity, the specific nature and location of each condition, defect or obstruction. In order to be valid, the notice of defect must be actually received by the Superintendent of Highways and/or Town Clerk as specified herein. Service of such notice upon a person other than as authorized in this article shall invalidate the notice.