[HISTORY: Adopted by the Council of the City of Beacon 1-7-2002 by L.L. No. 2-2002. Amendments noted where applicable.]
This chapter shall be titled "A Local Law Creating Chapter 120 of the City of Beacon Code titled `E-911 Law.'"
The County of Dutchess has enacted a law titled "Dutchess County E-911 Sign Law."
That law sets forth a procedure on noncompliance which authorizes a local municipality to enforce the provisions of said law.
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 City of Beacon 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, government, and the emergency service providers in order for the E-911 system to operate as designed.
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.
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.
Size and location of road address numbers. 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 of 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.
Display of address numbers. All commercial and industrial structures shall display address numbers of not less than four inches in height as follows:
When possible, the numbers shall be displayed over the main entrance to the structure.
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.
Location of road name signs. A street sign of standard design, as approved by the City, shall be erected on metal poles or such other material as approved by the City at each intersection of public roads within the City. 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 City. Signs shall be visible from both directions and shall be properly maintained.
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 City, the 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 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 City, the developer shall be responsible for their maintenance until such time as the streets are accepted by the City. Prior to the 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 repair thereof. It is the responsibility of the City to erect and maintain each signpost.
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 owners of a private road, and upon receipt of a fee sufficient to cover the cost of materials and labor as determined by the City, the 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.
Any owner of a structure within the City of Beacon who refuses or neglects to properly number said structure as outlined in § 120-4 or pay the fee for a private road sign outlined in § 120-5C shall be deemed in violation of this chapter. Said owner shall be notified of the violation of this chapter.
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.
The City shall authorize the enforcement of the provisions of this chapter by designating the appointment of the Building Department 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 City and retained by the City for general purposes.
Upon discovery of a violation of this chapter, the Building Department shall give notice of such violation by providing notice as set forth herein. The owner shall have 30 days within which to comply. Failure to comply 30 days after allows the Building Department to issue a summons to the last known owner of the premises directing that person as a respondent to show cause before the City Administrator at a stated time and place why said person should not be declared in violation of this chapter and fined in accordance herewith.
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.
The City Administrator shall, after considering all the facts, make a determination forthwith:
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.
There is hereby created the City of Beacon E-911 Appeals Panel, consisting of three members, who shall be appointed by the Mayor subject to Council approval. The term of each panel member shall be for three years.
Any owner may challenge the City Administrator determination by filing an appeal with the City of Beacon 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 said City Administrator. 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.
The Appeals Panel shall, after due deliberation, and within 60 days of receipt of the appeal, make a determination:
It is the intent of the Council that this Appeals Panel be in effect for three years from the date of initial passage of this legislation on January 7, 2002. After three years from that date the Appeals Panel will be disbanded. Should there be an appeal filed thereafter, the City Council shall serve as the appeals board to hear and determine any subsequent appeals.
Any fine levied through the process in § 120-8, Appeals, shall be paid within 30 days of receipt of notice from the City Administrator 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 Administrator shall levy the fine with the next tax bill. The total amount due shall become a lien against the parcel and may be assessed against the same on the City tax roll, if not paid in full by October 1 of each year.