[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie 6-19-2002 by L.L. No. 8-2002. Amendments noted where
applicable.]
The Dutchess County Legislature has previously
determined that it is in the best interest of the citizens of the
County of Dutchess to have uniform signs for E-911 purposes so that
all structures in the county can be easily identified by emergency
vehicles. In addition thereto, the Dutchess County Legislature strongly
feels that each citizen has the responsibility of affixing his/her
E-911 number once that number has been received, There must be cooperation
among the citizens, the government, and the emergency service providers
in order for the E-911 system to operate as designed. The Town of
Poughkeepsie does hereby adopt this statement of intent.
Within 60 days of written notification of address
or new address assignment, the owner/occupant shall fix/display the
assigned address number as described therein:
A.
The property owner of record has the responsibility to affix the E-911 number as described in Subsections B and C. After the E-911 number has been affixed, the property owner of record shall remove the previous number that had been assigned to the property. The costs involved in affixing the E-911 number and removing the previous number shall be borne by the property owner of record.
B.
At the request of a developer and upon receipt of
a fee sufficient to cover the cost of materials and labor, as determined
by the Town, the Town shall fabricate and erect road name signs at
the intersection of new roads. The fee shall be paid at the time the
final plat is submitted. The Town may specify that all street name
signs be erected at the commencement of construction of said road.
However, should the developer request that road name signs he erected
prior to the new street being accepted by the Town, the developer
shall be responsible for their maintenance until such time as the
streets are accepted by the Town. Prior to the Town accepting a new
road, the municipality's engineer or designated agent shall make an
inspection to determine that all road name signs are in a state of
good maintenance. Should any road name sign be missing or in need
of repair, the developer shall pay the full cost for replacement and/or
repair thereof. It is the responsibility of the Town to erect and
maintain each signpost.
C.
Erection and maintenance of road signs shall be required
of the owner or majority of owners of any private road. At the request
of the owner or majority of the owners of a private road, and upon
receipt of a fee sufficient to cover the cost of materials and labor
as determined by the Town, the Town may fabricate, erect and thereafter
maintain a road name sign at the intersection of the private road
and any public street. The erection of the road name signs shall be
done according to National Emergency Number Association (NENA) standards.
A.
Any owner of a structure within the County of Dutchess who refuses or neglects to properly number said structure as outlined in § 14-2 or pay the fee for a private road sign outlined in § 14-3C shall be deemed in violation of this chapter. Said owner shall be notified of the violation of this chapter.
B.
Service of notice. The notice provided for in § 14-3A may be given by personal service or by mailing a copy, certified mail, return receipt requested, thereof to the last known address of the owner.
C.
Numbering of structure by county. In the event of
the neglect or refusal of any owner, after notice, to cause said structure
to be properly numbered, the Dutchess County Emergency Response Coordinator
may cause said structure to be properly numbered.
D.
The Town of Poughkeepsie does hereby authorize the
enforcement of the provisions of this chapter by designating the Fire
Inspector as the enforcement official when, pursuant to applications
for building permits, he discovers that there has been a lack of compliance
with the provision of this chapter, and said Fire Inspector is designated
thereafter as the enforcement official for the service of notices,
issuance of summonses, prosecution of violations, and collection of
fines herein. All fines shall be paid to the financial officer of
the municipality prosecuting the violation and retained by the municipality
for general purposes.
E.
Upon discovery of a violation of this chapter, the
designated official shall give notice of such violation by affixing
a copy to the entrance of the main structure on the premises and by
mailing a copy to the last known address of the purported owner thereof.
The owner shall have 30 days within which to comply. Failure to comply
30 days after allows the designated official to issue a summons to
the last known owner of the premises, directing that person as a respondent
to show cause before the designated official at a stated time and
place why said person should not be declared in violation of this
chapter and fined in accordance herewith.
F.
The respondent, at said time and place, shall present
any evidence in defense of his or her position or may show particular
circumstances or hardship for which they may be entitled to additional
time to comply or due to unusual hardship may be entitled to a variance
in the application of this chapter.
G.
The designated official shall, after considering all
the facts, make a determination forthwith, holding:
[Amended 6-3-2009 by L.L. No. 22-2009]
A.
Any violation
of this chapter shall constitute an offense punishable by a fine not
exceeding $500 for a first offense, not exceeding $1,000 for a second
offense, and not exceeding $1,500 for any subsequent offense.
B.
In addition
to any other remedies set forth herein authorizing the Town to enforce
the provisions of this chapter, establishing penalties, and setting
forth additional remedies, the person charged with the responsibility
to enforce the provisions of this chapter may impose a civil fine
or agree to a civil fine not to exceed $1,000 per day for each day
of the violation. If said civil fine is imposed, then the alleged
violator may appeal to the E-911 Appeals Panel.
A.
There is hereby created an E-911 Appeals Panel, consisting
of three members, who shall be members of the E-911 Oversight Board
and who shall be designated by the Chairperson of said Board. The
term of each panel member shall be for the balance of their term on
the Oversight Board.
B.
Any owner may challenge the Town official's determination
by filing an appeal with the E-911 Appeals Panel within 30 days of
receipt of said determination. Said appeal shall be in writing and
shall be limited to the issues before said Town-designated official.
The Appeals Panel shall permit the owner the opportunity to appear
before it at a public meeting and to present information orally and
in writing which supports the position of said party.
C.
The Appeals Panel shall, after due deliberation, and
within 60 days of receipt of the appeal, make a determination:
Any fine levied through the process in § 14-5, entitled Appeals, shall be paid within 30 days of receipt of notice from the Town-designated official or within 30 days of receipt of the final determination of the Appeals Panel on an appeal. Upon the failure of an owner/applicant to pay the fine within the time provided, the Town Financial Officer may commence a suit in the small claims part of the Town Court having jurisdiction. Where a Town has enacted a local law, the designated officer of such municipality, or such other officer as may be authorized, may notify the governing board of said municipality of said delinquencies for levy with the next tax bill.
