Ordinance 98-5: Ordinance to Prescribe Street Address Number Sizes and Locations
AN ORDINANCE TO
PRESCRIBE STREET ADDRESS NUMBER SIZES AND LOCATIONS
WHEREAS, the County
Commissioners for DeKalb County, Indiana have determined that to ensure the continued
health and safety of the general public, a set of rules are required for prescribing
street address numbering locations and number size; and
WHEREAS, the County
Commissioners for DeKalb County, Indiana, have received concerns from Police, Fire and
Emergency Medical Services that it is difficult to locate some residences or businesses in
the County of DeKalb because there are no street address numbers or, if present, are
incorrect or, are inadequate for identification; and
WHEREAS, the County
Commissioners for DeKalb County, Indiana, have determined that without adequate street
address numbers, emergency service responses could be slower, thus potentially aggravating
emergency situations;
BE IT
THEREFORE ORDAINED BY THE COUNTY COMMISSIONERS FOR DEKALB COUNTY, INDIANA;
| • | Section 1.
Definitions. |
1.01
Residence
is any structure wherein persons live as distinguished from a business or industry.
1.02
Street Address
Numbers are those identifying numerals which are consistent with
identification as set forth by the DeKalb County Building Commissioner and/or
his/her
designee, which are recognized by the United States Postal Service and which are the
correct numerals to properly identify the location of the property within DeKalb County.
1.03
House
is considered as a structure which may contain one or more residences.
1.04
Apartments
are structures which may include multi-family residences.
1.05
Business and/or Industry
is an establishment located in some structure which is a purveyor of
goods or services.
| • | Section 2. Minimum
Requirements. |
2.01
Every house, residence,
apartment, business and industry within the County borders of
DeKalb County, Indiana shall have numbers identifying the location. These numbers
are herein referred to as street address numbers for all structures subject to this
Ordinance.
2.02
All street address numbers
shall be displayed on a mailbox, mailbox post or separate post and
shall be easily visible from the road when traveling in either direction. The street
address
number display shall be minimum height of three feet and maximum height of five feet above
road grade as measured from the midpoint of the sign. Alternatively, if displayed on
the
mailbox post, the street address number display may be mounted directly below the mailbox
so long as the midpoint of the sign is no less than two and one-half feet above road
grade. In the event the
structures to be identified by said street address numbers are situated in such a
way that the display of those
numbers as the sole means of identification does not adequately
identify the structure in the opinion of the DeKalb County Building Commissioner and/or
the
DeKalb County 911 Coordinator, then the owner of the structure may also be required to
display the street address numbers affixed to the structure in the size and colors as
required
below. In the event the second display is necessary then the DeKalb County Building
Commissioner and/or the DeKalb County 911 Coordinator shall set forth in writing to the
owner of the property the reasons for said second display.
2.03
All street address numbers
shall be white reflective lettering on a green background which can
be seen easily when viewed from the street while in a vehicle. Should an additional
display of
address numbers be required on the structure as noted in subsection 2.02 above, it is
required
that the numbers of said additional display be a color contrasting or nearly contrasting
with the
background surface color upon which they are mounted.
2.04
There shall be no
obstructions to preclude the street address numbers from being seen as
noted in subsections 2.02 and 2.03 above.
2.05
All street address numbers
shall be a minimum of three (3) inches in height and one and
one-half (1 & 1/2) inches in width.
2.06
No occupancy permit for
new construction will be issued until proper numbers are erected
either by contractor or residence owner.
2.07
A property with a
non-conforming address display of the correct address which does not meet
the size and color requirements of this ordinance may continue to be used should it
substantially
fulfill the intent of the ordinance and adequately identify the property in the opinion of
both the
Building Commissioner and the 911 Coordinator or his designee. In the event a non-
conforming address display of the correct address is approved for continued use under this
section, then the owner of the property shall be sent a letter approving said use by
either the
Building Commissioner or the 911 Coordinator or the 911 Coordinator's designee. A copy of
this letter shall be kept on file in the Plan Commission Office.
3.01
Any person, firm,
corporation, or governmental unit, whether as principal agent, employee, or
otherwise, who violates any of the provisions of this ordinance shall be liable for a
civil
ordinance violation penalty of thirty dollars ($30.00). Each month of continued violation
shall
be considered a separate violation subject to $30.00 per month penalty until corrected.
For
purposes of this ordinance, a month shall constitute thirty-one (31) days.
3.02
The penalties herein shall
not exceed $60.00 in aggregate for a first offense or $120.00 in
aggregate for subsequent offenses by the same person, firm, corporation, or governmental
unit
for the same property.
3.03
A minimum time period of
ninety days must pass between each offense with proper notice
given to the person, firm, corporation, or governmental unit violating this ordinance and
proper
time allowed as provided herein in order to allow the person, firm, corporation, or
governmental unit to comply with this ordinance and thereby cease said violation.
3.04
That portion of any fees
collected which are necessary to purchase address numbers for the
person, firm, corporation, or governmental unit in violation shall be so spent and the
purchased
numbers shall then be provided to the person, firm, corporation, or governmental unit for
proper posting. The remaining portion of any fees collected shall be deposited into
the DeKalb
County general fund.
3.05
Said penalty or penalties
may be collected in any suit by the Plan Commission, the Building
Commissioner, or the Sheriff's Department in any action against a violator of any
provision of
this ordinance.
3.06
Notwithstanding any
provision herein to the contrary, in the event the street address number
relied upon for the house, residence, apartment, business or industry was incorrectly
assigned by the DeKalb County Plan Commission, the DeKalb County Building
Commissioner, or the United States Postal Service, then the penalty provisions shall not
apply
until one year after the correct number has been assigned to the house, residence,
apartment,
business or industry by the County.
3.07
Each notice sent shall
constitute an offense for purposes of the penalty provisions of this
ordinance.
4.01
It shall be the
responsibility of the DeKalb County Sheriff's Department, the Fire
Departments, the DeKalb EMS, the DeKalb County Plan Commission or the DeKalb County
Building Commissioner to report any violation of this ordinance to an enforcing authority.
The
DeKalb County Sheriff's Department, the DeKalb County Plan Commission and/or the
DeKalb County Building Commissioner may institute a suit for injunction in a Court of
DeKalb
County to restrain an individual, a corporation, or a governmental unit from violating the
provisions of this ordinance. Failure to enforce a provision of this ordinance shall in no
event be
deemed a waiver of the right to thereafter enforce the same.
4.02
Enforcement will be
accomplished as follows:
4.021
Upon notice of violation
of Section 2, an initial letter will be sent by the DeKalb
County Building Commissioner and/or the DeKalb County 911 Coordinator to
the offending party, advising of the violation. Said letter shall be sent by certified
mail with return receipt to ensure its delivery. In the alternative, said letter may
be personally served on the offending party by the DeKalb County Sheriff's
Department and such delivery duly noted.
4.022
The violator or violators
will be allowed ninety (90) days from receipt of the
notice in which to correct or cure the violation(s).
4.023
The DeKalb County Building
Commissioner and/or the DeKalb County 911
Coordinator may then, at their discretion, serve a second notice of no less than
thirty (30) days through legal counsel acting on their behalf.
4.024
If the violation is not
cured or corrected to the satisfaction of the DeKalb
County Building Commissioner and/or the DeKalb County 911 Coordinator
within the ninety (90) day period and after expiration or waiver of the
subsequent thirty (30) day period, a notice of imposition of penalty shall be
delivered to the responsible violator.
4.03
The DeKalb County Building
Commissioner or designee shall collect all paid penalties
through the DeKalb County Plan Commission for those suits initiated by the DeKalb County
Building Commissioner. The DeKalb County Sheriff's Department or designee shall collect
all
paid penalties for those suits initiated by the DeKalb County 911 Coordinator.
4.04
The DeKalb County Plan
Commission shall initiate suit for collection for all penalties assessed
due to action by the Building Commissioner yet unpaid. The DeKalb County Sheriff's
Department shall initiate suit for collection for all penalties assessed due to action by
the 911
Coordinator yet unpaid.
| • | Section 5.
Separability. |
The provisions and
sections of this ordinance shall be deemed separable and the invalidity of any portion of
this ordinance shall not affect the validity of the remainder.
| • | Section 6.
Effective Date. |
This Ordinance shall be
effective one-hundred eighty (180) days following the last date of publication and upon
passage by the DeKalb County Commissioners and signing by the DeKalb County Commissioners
and the DeKalb County Auditor.
First Reading May 26, 1998
Second Reading June 15,
1998
Third Reading June 29,
1998
PASSED AND ADOPTED by the
DeKalb County Commissioners of DeKalb County, Indiana
this 29th day of June, 1998.
William C Ort,
Commissioner
Connie R. Miles,
Commissioner
Don Kaufman, Commissioner
ATTEST:
Mary Bowman, Auditor of
DeKalb Co.
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