[HISTORY: Adopted by the Town Board of the
Town of Woodstock 1-19-1999 by L.L. No. 1-1999. Amendments noted where
applicable.]
GENERAL REFERENCES
Public places — See Ch. 167.
A.
It is the intent of this chapter to require
a notice of defect to be filed with the Town of Woodstock 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. It is the intent
of the Town Board to require notice for all defects and/or dangerous
conditions of any kind, type or nature, not just physical conditions
such as holes and cracks, 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.
No cause of action shall accrue against or shall
be maintained against the Town of Woodstock, 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 or neglect by the Town within a
reasonable time after the receipt of such written notice to repair
or remove the defect, danger or obstruction. 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.
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.
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 Clerk shall forward copies
of these notices to the Town Supervisor.
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, the
extent of repair or remediation and who performed the work.
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 by completing the form available in the Town Clerk's
office.
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.
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 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 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.
