[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where
applicable.]
[Amended 11-17-1987 by L.L. No. 28-1987;4-18-1995 by L. L. No. 12-1995, effective 4-21-1995;7-14-1998 by L.L. No. 20-1998, effective 7-21-1998; 3-10-2016 by L.L. No. 3-2016, effective 3-17-2016]
A.
Prior
written notice required. No civil action shall be commenced against
the Town of Brookhaven or the Superintendent of Highways for damages
or injuries to persons or property sustained by reason of the defective,
out-of-repair, unsafe, dangerous or obstructed condition of any highway,
street, bridge, culvert, or crosswalk or pedestrian walkway open to
the public, of the Town of Brookhaven, unless, previous to the occurrence
resulting in such damages or injuries, written notice of such defective,
out-of-repair, unsafe, dangerous or obstructed condition, identifying
with particularity the specific nature and location of each defective,
out-of-repair, unsafe, dangerous or obstructed condition complained
of, was actually given, in writing, by a person with firsthand knowledge
of the condition complained of and specified in the notice, to the
Town Clerk or the Town Superintendent of Highways by personal service
or service by registered or certified mail actually received by the
Town officer or officers specified herein, specifying the particular
place and location was actually given to the Town Clerk or Town 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 civil 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,
street, bridge, culvert, or crosswalk or pedestrian walkway open to
the public, unless written notice was actually given, in writing,
by a person with firsthand knowledge of the condition complained of
and specified in the notice, to the Town Clerk or the Town Superintendent
of Highways by personal service or service by registered or certified
mail actually received by the Town officer or officers specified herein,
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 receipt of such notice.
B.
In
the absence of written notice as required above, no civil claim shall
be maintained against the Town of Brookhaven; 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.
C.
The
Town Superintendent of Highways shall transmit, in writing, to the
Town Clerk within 10 days after receipt thereof, all written notices
received by the Superintendent of Highways pursuant to this chapter
and Subdivision 2 of § 65-a of the Town Law.
D.
An
obscured, defective or missing traffic control device, or an obscured
site distance on any road or highway, shall for the purposes of this
chapter be deemed a defective, unsafe, dangerous or obstructed condition
of a street, highway, bridge, culvert, sidewalk or crosswalk.
The Town Clerk shall keep an index record in
a separate book of all the notices which he shall receive of the existence
of any such alleged defective, unsafe, dangerous or obstructed condition
or of snow or ice, 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 indexed record of notices provided for in § 84-2 hereof shall be a public record. The original of each notice received shall be preserved for a period of not less than five years after the date when it is received.
This chapter shall supersede, in its application
to the Town of Brookhaven, Subdivisions 1, 3 and 4 of § 65-a
of the Town Law. Nothing herein contained shall be construed to relieve
a claimant of any obligation created by Subdivision 2 of § 65-a
of the Town Law. Nothing herein contained shall be construed to relieve
a claimant of the obligation to serve a notice of claim on the Town
of Brookhaven as provided in § 50-e of the General Municipal
Law.
[Added 11-17-1987 by L.L. No. 32-1987]
Notwithstanding any inconsistent provision of law, no civil action shall be commenced against the Town of Brookhaven for damages sustained by reason of the effect of any local law, Chapter 85, Zoning, or zoning amendment upon any property located within the Town of Brookhaven unless a notice of claim is served upon the Town of Brookhaven within 90 days after the date the claim arises.
[Added 11-17-1987 by L.L. No. 32-1987]
A.
The notice shall be in writing, sworn to by or on
behalf of the claimant, and shall set forth:
B.
The notice shall be served upon the Town of Brookhaven
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.
[Added 11-17-1987 by L.L. No. 32-1987]
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.
