Town of Hurley, NY Chapter 131 Notification of Defects

[HISTORY: Adopted by the Town Board of the Town of Hurley 5-22-2006 by L.L. No. 1-2006.[1] Amendments noted where applicable.]

[1] Editor's Note: This local law superseded former Ch. 131, Notification of Defects, adopted 10-24-1977 by L.L. No. 1-1977.

§ 131-1 Legislative intent; statutory authorization.

A. It is the intent of this chapter to require a notice of defect to be filed with the Town of Hurley so that the Town may be placed on actual notice of any dangerous conditions and therefore be more capable to replace and repair defective Town property and protect Town residents from injury and property loss. It is the intent of the Town Board to require notice for all defects and/or dangerous conditions of any kind, type or nature, so as to strengthen and increase the Town's capacity to protect lives and property and the public welfare.

B. This chapter is enacted pursuant to the powers granted to the Town by virtue of Article IX.2(c)(5) of the New York State Constitution.

§ 131-2 Notice of defect to be filed.

No cause of action shall accrue against or shall be maintained against the Town of Hurley, Ulster County, New York, its officers, agents or employees, for damages or injuries to a person or property sustained in consequence of any defective or out-of-repair Town property, or property under the direct or indirect control of the Town, unless a written notice of defect was first filed with the Town Clerk and there was a failure by the Town within a reasonable time after the receipt of such written notice to repair or remove the defect, or danger. The filing of a notice of defect shall be a condition precedent to the filing or maintaining of an action or special proceeding against the Town, its officers, agents or employees, for such damage or injury to person or property, in addition to any other notice(s) required by law.

§ 131-3 Enumeration of property included.

Town property, or property under direct or indirect control of the Town, shall include but not be limited to street, highway, driveway, bridge, culvert, sidewalk, crosswalk, or parts or appurtenances thereof. Defects and unsafe or dangerous conditions referred to in this chapter include without limitation the lack or absence of, failure to provide or failure to maintain signs, safety devices, traffic control devices or snow and ice control.

§ 131-4 Records of notices to be maintained.

A. The Town Clerk shall keep an indexed record of all notices of defect, which record shall indicate the time and date of receipt of the notices. After receipt, the Town Clerk shall forward copies of these notices to the Town Supervisor and the Town Safety Officer.

B. The Town Clerk shall maintain an indexed record of all remediation and/or repair(s) of conditions registered through a notice of defect. This record shall indicate the date, time, extent of repair or remediation, and who performed the work.

§ 131-5 Form of notice; service.

A. The notice of defect shall state that it is a notice of defect, the name and address of the complainant, the specific nature of the defective condition, and the exact location of the defective condition.

B. The notice of defect shall be signed by the complainant and be verified.

C. The Notice shall be served on the Town by either delivering a letter thereof personally to the Town Clerk or by certified or registered mail addressed to the Town Clerk.

§ 131-6 Liability of Town.

A. This chapter shall not create new or additional liability for the Town where there was no specific existing duty on the part of the Town to repair or replace the defective or dangerous condition.

B. No claims shall be presented, nor any action maintained against the Town, its officers, agents or employees, for damages or injuries resulting from the defective or dangerous condition for which a notice of defect has been filed where the Town Board or its agents has determined the remedy or action appropriate to cure such defective or dangerous condition unless such determination is without rational basis or is grossly negligent, or unless the remedy or action specified in such determination has not been implemented within a reasonable time. Nothing in this chapter shall be deemed to preclude the Town Board or its agents from making a determination that no remedial or corrective action is either necessary, appropriate or justified for a condition for which a notice of defect has been filed.