[HISTORY: Adopted by the Town Board of the Town of Hyde Park 2-26-2001
by L.L. No. 3-2001. 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 Hyde Park 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 Subsection 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, 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 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 thereof.
It is the responsibility of the town, village or city 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, 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.
A.
Any owner of a structure within the County of Dutchess who refuses or neglects to properly number said structure as outlined in § 41-2 or pay the fee for a private road sign outlined in § 41-2C 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 § 41-3A 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 Hyde Park does hereby authorize the enforcement
of the provisions of this chapter by designating the Building 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 Building 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:
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.
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 city, town and village designated
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 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 sixty days of receipt of the appeal, make a determination:
D.
The Town Board of the Town of Hyde Park does hereby designate
itself as the Oversight Board under said chapter and does designate the Supervisor
as the Chairperson of said Board and does authorize said Supervisor as Chairman
of the E-911 Oversight Board to appoint three members to hear appeals under
this subsection. Said members shall be the Superintendent of Highways, the
Zoning Administrator and the Fourth Ward Councilperson.
[Added 5-21-2001 by L.L. No. 6-2001]
Any fine levied through the process in § 41-5 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 as provided in § 41-7, 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.
Pursuant to Section 10 of Local Law No. 8 of 1999, as amended by Local
Law No. 8 of 2000 duly adopted by the Dutchess County Legislature, the Town
of Hyde Park does enact a local law.
