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HomeMy WebLinkAboutLL #6 of 2004 TOL Prior Notice Law - Notice of Defects to Town Property Requiredop STATE -NEW YORK STATE DEP AR41 STATE Y�231 ALBANY, N Local Law Filing of State' With the Secretary italics or this a local law d do not use (Use form to file eliminated an Text of law should be given as amen ded' Do not include matter being to indicate new matter. underlining cow Pll ofpRopERTY 'f own _ of the year 2� 0--_" ` S ,10 TooNOTLCC DEFECT Q FRED Local Law No' PRIOR NOTA CE LAW - - AN IVIG - A local law �jnsErl Title) of the BOARD... T E is�arrvE soda as follows 'Be it enacted by the �aME of s "OvyLAr1SING of - Town YAW TONIN OF LANSING LOCAL L,AW NUMBER 6 OF 2004 NOTICE LAS EQUiRED N NSING PTO p�VN PROPERTY R TOW OF LA CTS NOTICE OF DEFE 1 History: Derived from Local Law #1 of 1977, Local Law No. 1 of 1979, as amended by Local Law No. 2 of 1988, as further amended by Local Law No. 4 of 1995. SECTION 1: AUTHORITY - The Town Board of the Town of Lansing under, and by virtue of and pursuant to the authority granted by the New York Municipal Home Rule Law, the Town Law, and the Highway Law does hereby enacts this Local Law Number 6 of 2004. SECTION 2: TITLE — This Local Law is hereby to be known as Local Law Number 6 of 2004 (herein "Local Law"), entitled the "Town of Lansing Prior Notice Law". SECTION 3: PURPOSE — This Local Law provides for the written notification of defects and obstructions on and to certain Town property in the Town of Lansing, and requires that the Town of Lansing be on notice of certain defects or obstructions before the Town of Lansing may be required to answer in liability for such defects or obstructions, thereby protecting the ability of the Town of Lansing to preserve and protect public money with which it is entrusted, and to enable to Town to undertake regular, scheduled, or special maintenance, construction and repair without exposure to unnecessary liabilities. SECTION 4: REPEAL - Local Law #1 of 1977, and Local Law No. 1 of 1979 (as amended by Local Law No. 2 of 1988, and as further amended by Local Law No. 4 of 1995) be and hereby are repealed and replaced by this Local Law. SECTION 5: DEFINITIONS — The following words and phrases shall have the following meanings under this Local Law: A. "Defective" shall mean having any defect, or being out of repair, unsafe, dangerous or obstructed. B. "Town" shall mean the Town of Lansing, its employees, agents, hired contractors, Supervisor, Deputy Supervisor, clerks, elected officials, all committees, departments and Superintendents, and each, any, and all improvement districts. C. "Town Structure Or Device" shall. mean any highway, road, street, bridge, culvert, ditch, highway marking, sign, sidewalk, right-of-way (including all easements), crosswalk, path, sewer, sewer appurtenance, manhole, water line, water tower, water tank, pump house, water system appurtenance, stormwater drainage device or appurtenance, pond, retention basin, fence, gate, park, park facility, playground, playground equipment, lighthouse, marina, boat dock, boat launch, beach, or swimming area, or other object owned, built, or maintained by the Town. SECTION 6: PRIOR NOTICE - No civil action shall be maintained against the Town for damages or injuries to person or property (or any rights therein) sustained by reason of any Defective Town Structure Or Device unless written notice of such Defective Town Structure Or Device 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 Defective Town Structure Or Device complained of, or, in the absence of such notice, unless such Defective Town Structure Or Device existed for so long a period that the same should have been discovered and remedied in the exercise of reasonable care and diligence; but no such action shall be maintained for damages or N injuries to person or property (or any rights therein) sustained solely in consequence of the existence of snow or ice upon any Town Structure Or Device unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Superintendent of Highways 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. SECTION 7: NOTICE TO TOWN CLERK - Each Town Department Supervisor or Superintendent shall transmit in writing to the Town clerk within ten days after the receipt thereof all written notices received by the Department Supervisor or Superintendent. SECTION 8: RECORD BOOK - The Town Clerk shall keep an indexed record, in a separate book, of all written notices which the Town Clerk receives of the existence of a Defective Town Structure Or Device, 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. All such written notices shall be indexed according to the location of the alleged Defective, or the location of accumulated snow or ice. The record of each notice shall be preserved for a period of five years after the date it is received. SECTION 9: NON -WAIVER - Nothing contained in this Local Law shall: (A) be held to repeal, modify, or waive any existing requirement or statute of limitations which is or may be applicable to any cause of action brought by any person (or entity) against the Town, but, on the contrary, shall be to be additional requirements applicable to the filing, imposition, assertion, or maintenance of any such action; (B) be held to modify any existing rule or law relative to any question of the Town's negligence; (C) impose any greater duty or obligation upon the Town than the duties and obligations stated herein; (D) modify or displace any similar or other notice or procedure required by law, whether as a condition precedent to the validity of, or the filing of, any claim. SECTION 10: SEVERABILITY - If any clause, sentence, phrase, paragraph, or any other part of this Local Law is, for any reason, finally adjudged or held by a court of competent jurisdiction to be invalid or unenforceable, such judgment or holding shall not act to affect, impair, or invalidate the remainder of this Local Law, which shall remain in force and effect, but shall be confined in its operation and effect to the clause, sentence, phrase, paragraph or any other part of this Local Law that is directly involved in the action or controversy in which such judgment or holding shall have been rendered. SECTION 11: EFFECT - This Local Law shall take effect immediately. Dated: September 15, 2004 The undersigned, Bonita Boles, the Town Clerk of the Town of Lansing, a municipal corporation of the County of Tompkins, State of New York, hereby certifies that the foregoing Resolution is a true and correct copy of the Resolution duly adopted by the Town Board of said Town of Lansing at a Regular Meeting duly called on proper notice and held on the 15th day of September, 2004. In witness whereof I have hereunto set my hand and the seal of the Town of Lansing this J day of September, 2004. 1&-� jzj.,��,q BONITA BOLES, Town Clerk 3 lies to the filing of this local Law and ara raph that applies (Complete the certifxcatio5 r lk he paragraph that which is not app local legislative body only) 6 of 20 04 of I, (Final adoption by was duly passed by the annexed hereto, designated as local law No applicable that the local law ann Larts in9. I_ 2004 in accordance with the app I hereby Certify (Town)mup of the �� on ep Lansinv Town Board (Name of Legislative body) provisions of law. the Elective val no disapproval or repassage after disapproval by e b local legislative body with appro Of 2. (Passag y of 20 Chief Executive Officer*.) was duly passed by the ated as local law No. roved) annexed hereto, design �and was (approved)(notapp I hereby certify that the local law ann 20 the (County)(Clty)(Town)(Village) of on adopted and was deemed duly P (Name of Legislative Body) icer*} roval) by the applicable provisions of law. (repassed after disapp (Elective Chief Executive O,(f' in accordance with the app on of 20 . of 3 (Final adoption by referendum*) was duly passed by the annexed hereto, designated as local law No ved)(notapproved) I hereby, certify that the local law e o f 20 , andwas (appro the (County)(City)(Town)(Villag) on on .20 and received the affirmative (Name of Legislative Body) Icer*) ermissive) referendum, - (repassed after disapproval) by the (Elective Chtef Exeeative o1)' election held on reason of a (mandatory)' s ecial)(a ual) people by thereon at the (general) ( p Such local law was submittualified electors voting vote of a majority of the q applicable provisions of law. 20 in accordance with the app uestingreferendum•) and final adoption because no valid petition was filed req of 20 of �• (Subject to permissive referendum was duly passed by the exedhereto, designated as local law No. not approved) I hereby certify that the local law ) of .20 andwas (approved)( the (County)(City)(Town)(Villag) on 20 _----• Suchloeal OP (Name oJLegistative Body) icer*} was filed as Of roval) by th(' —�iective chw Executive op petition requesting such referendum (repassed after disapp and no valid p law was subject to permissive referendum rovisions of law. 20 , in accordance with the applicable p elected on a county -wide basis or, if there be none, the village, or the supervisor to a town where such officer is vested with the �. xecutive Officer means or includesthe mayo hof a c ty ief rve lagteer of a county * Elective Chief E legislative body, page 2 Of 3 the chairperson of the county S Power to approve or veto local laws or ordinances. OOS_239 (Rev- 11199) of etition) Of 20 3b 31) sion prop°Sed by p of section ( ) city Charter nevi rlo. - rovisions of such concerning as local law the p electors designated ursuant to ualified 5• (City local law' hereto, toed to referee of ority of thee operative. exed been subm vote of n'_=_ becam p that the local law ann having the affirmative 1 hereby certify ——dhavinV eceived the Ctty of — e Rule La`v an held on orn eneral) election of of the Municipal H (special) of 20 voting thereon at the (sp Election of °{ Charter) the General Law and adoption No• the electors at ome Rule cerning as local law ihed to Municipal H d a majority local taw con designated been subm 33 of the as Van an 6 (County exed hereto,ew York, having said county . became operative. cal law ann d � of section electron, that the to State of N f the cities of eneral certify - t to subdivisions 5 a electors ° at said g ,hereby pursuan o f the Qualified a unit voting certification •) the County °f 20�' ma ority ropriate November �rrmative vote of a 1 county considered as lease provide an app same of the towns °f said ed, p ice and that the having received the has been follow file in this ° d . the manner ualified electors tion final on dop of the Q of final adop with the orig was fina auth°nixed form local law /a3 law, and _ if any other the precedin of such original 1°e clerk or ( that 1 have comp area of the wh°le or body. City •Town or v i11aB certify t therefrom teg�sla illative body 1 further scrip 1 above- Clerk of the county local 1eS is a correct trap Hated Se terber 17 z= ph _-- Y officer designate indicated in paragxa Date: other rney� Corporation Counsel, To wn Attorney,village A�,Orney or (Seal) n to be executed by County ptto (Certtficatro orney of locality.) that all proper p roceedings have authorized aft • s the co ct text and�---- oc s pUNT� 0 Ew YTO kinS that the foregoing 1 annex co Leto. C certtfy local ned� hereby ent of the Si�ature ,,the undersig the enactor Attorney . been had °r taken for Town Title gl�� Lan i of Town $e4ter11be-c 17 vol, Date: Pa9e3°f3 Dos'239 (Rev.11i99)