[HISTORY: Adopted by Dutchess County 11-8-1999 by L.L. No. 8-1999. Amendments noted where
applicable.]
The Dutchess County Legislature hereby determines 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.
Within 60 days after receipt of written notification of address
or new address assignment, the owner or occupant shall affix/display
the assigned address number as described herein:
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.
[Amended 10-11-2000 by L.L. No. 8-2000]
B.
Address numbers for residences. Road address numbers for residences
shall not be less than three inches in height and shall be made of
a durable and clearly visible material. In addition, the material
should be reflective, if possible. Whenever a building is more than
50 feet from the road or when the entrance of the building is not
visible from the road, the numbers shall be placed on a rigid post
along a walk, driveway, or other location so that the address number
is visible from the road, upon approach from any direction. Address
numbers shall be of a contrasting color to the background on which
they are mounted. A mailbox at the end of the walk or driveway with
numbers on both sides of it can be used in lieu of the rigid post.
A second set of numbers shall be placed on a structure located more
than 50 feet from the road.
C.
Address numbers for commercial and industrial structures and multiple-unit
groups. All commercial and industrial structures shall display address
numbers of not less than four inches in height as follows:
(1)
When possible, the numbers shall be displayed over the main entrance
to the structure.
(2)
Apartments, townhouses, shopping centers or other similar groups,
where only one number is assigned, shall display such number at the
main entranceway. Numbers for individual units or establishments within
the complex shall be displayed on, above, or to the side of the main
doorway of each unit, apartment, suite or establishment.
A.
Location of road name signs. A street sign of standard design, as
approved by the town, village, city or County, shall be erected on
metal poles or such other material as approved by the town, village,
city or County at each intersection of public roads within the town,
village, city or County. At least one road name sign displaying the
name of each road shall be erected and maintained. Whenever possible,
road name signs shall be located in the right-hand corner of the intersection
on the approach side from a major thoroughfare. When this is not possible,
road name signs shall be located in the next most suitable corner
as determined by the town, village, city or County. Signs shall be
visible from both directions and shall be properly maintained.
B.
Erection and fee for public roads. 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, village, or city, the town,
village, or city 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, village, or city 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
be erected prior to the new street being accepted by the town, village
or city, the developer shall be responsible for their maintenance
until such time as the streets are accepted by the town, village or
city. Prior to the town, village or city accepting a new road, the
municipality's engineer or designated agent shall make an inspection
to determine that all road names 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, village or city to erect and maintain
each signpost.
C.
Erection and fee for private roads. 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, village or
city, the town, village or city 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.
[Amended 10-11-2000 by L.L. No. 8-2000]
A.
Any owner of a structure within the County of Dutchess who refuses or neglects to properly number said structure as outlined in § 135-2 or pay the fee for a private road sign outlined in § 135-3C 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 Subsection A 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.
Any city, town, or village in Dutchess County may authorize the enforcement
of the provisions of this chapter by designating by appointment of
an 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 he or she 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:
(1)
Holding that the owner is in violation and imposing a fine in accordance with § 135-5 herein; or
(2)
Extending
the owner additional time within which to comply; or
(3)
Granting
a variance from the strict application of this chapter; or
(4)
Dismissing
the summons on the basis of the defense submitted.
[Amended 10-11-2000 by L.L. No. 8-2000]
Any violation of this chapter shall constitute an offense punishable
by a fine not exceeding $50 for a first offense, not exceeding $100
for a second offense, and not exceeding $150 for any subsequent offense.
[Added 10-11-2000 by L.L.
No. 8-2000]
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 his or her term on the
Oversight Board.
B.
Any owner may challenge the city, town, and village designated official's
determination by filing an appeal with the E-911 Appeals Panel (Appeals
Panel) within 30 days of receipt of said determination. Said appeal
shall be in writing and shall be limited to the issues before the
city, town, and village 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:
[Added 10-11-2000 by L.L.
No. 8-2000]
Any fine levied through the process in § 135-6, Appeals, shall be paid within 30 days of receipt of notice from the city, town, and village 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 city, town and village financial officer may commence a suit in the small claims part of the city, town, or village court having jurisdiction. Where a city, town or village has enacted a local law as provided in § 135-9, 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.
This chapter shall apply to all of Dutchess County.
[Added 10-11-2000 by L.L.
No. 8-2000]
Any city, town, or village may enact a local law adopting the
provisions of this chapter, except that said local law may authorize
an individual other than the designated official to enforce it. In
addition, said local law may provide for the levy of unpaid fines
on the next tax bill in the same manner as unpaid water bills.
[Amended 3-13-2000 by L.L. No. 3-2000; 6-12-2000 by L.L. No. 6-2000; 10-11-2000 by L.L. No. 8-2000]
This chapter shall take effect immediately upon full compliance
with all the requisite statutes and laws applicable to its adoption
and promulgation.
