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Common Council Meeting January 21st, 2026
10 matches · 2 unidentified A local law amending Utica City Charter, Section 1.016, Notice of Tort Claims Against City, Liability of City in Certain Actions. No civil action should be maintained against the city for damages or injuries to person or property sustaining consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, park, recreational field, or any other municipal-owned asset, real or personal property and/or facility. Park, recreational field, or any other municipal-owned asset, real or personal property and/or facility delivered. No such action should be maintained for damages or injuries to the person or property sustained solely in the consequences of the existence of snow, ice, water, grass, or other growth, um, upon any street, highway, bridge, culvert, sidewalk, crosswalk, park, recreational field, or any other municipal-owned asset, real or personal property and/or facility, unless actual written notice thereof relating to the particular place was in writing and actually delivered to the Commissioner of Public Works and there was a failure or neglect to cause such snow, ice, water, grass, or other growth be removed or the place otherwise made reasonably safe within a reasonable time after the receipt of notice. The city should not be liable in civil action for damages or injuries to person or property or invasion of personal property rights of any name or nature whatsoever, whether casual or continuing, arise at law or in equity, alleged to have been caused or sustained in whole or in part, or because of omission of duty, wrongful act, fault, neglect, misfeasance, or negligence on the part of the city or any other of its agents, officers, or employees, unless a notice of claim was made and served in compliance with Section 50(e) of the General Municipal Law, nor unless the action was commenced thereon within 1 year and 90 days after happening of such act, omission, fault, or neglect. But no action should be commenced to recover upon or enforce any such claim against the city until the expiration of 3 months after the service of the notice. This subsection does not revive any claim or cause bar discard or any requirement, statute of limitations, nor waive any limitation applicable to any claim or cause of action against the city. The actual written notice requirement, which necessitates an actual delivery of said notice to the Commissioner of Department of Public Works, will be satisfied by transmissions of said notice to the designated recipient Such delivery does not include utilization of the City of Utica 311 application or similar electronic applications, text messaging, oral notification, and other methods inconsistent with subsection A above. Your votes, please.
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