[HISTORY: Adopted by the Town Board of the Town of Dickinson 3-13-2006 by L.L. No. 1-2006 (Ch. 107 of the 1983 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 265.
Zoning — See Ch. 600.
This chapter is adopted pursuant to the authority of Article 2, § 10, of the Municipal Home Rule Law and § 64 of the New York State Town Law.
It is the intention of the Town Board of the Town of Dickinson by the adoption of this chapter to establish and impose restrictions upon the construction and operation of outdoor woodburning furnaces within the limits of the Town for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Town and its inhabitants. It is generally recognized that the types of fuel used and the scale and duration of the burning by such furnaces create noxious and hazardous smoke, soot, fumes, odors and air pollution, can be detrimental to citizens' health, and can deprive neighboring residents of the enjoyment of their property or premises.
As used in this chapter, the following terms shall have the meanings indicated:
OUTDOOR WOODBURNING FURNACE
An accessory structure, designed and intended, through the burning of wood, for the purpose of heating the principal structure or any other site structure on the premises.
The construction and operation of outdoor woodburning furnaces is hereby prohibited within the Town of Dickinson.
Any person who shall violate any provision of this chapter shall be guilty of a violation as defined in Article 10 of the Penal Law and shall, upon conviction, be subject to a fine of not more than $250 or to imprisonment for not more than 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and distinct offense.
Compliance with this chapter may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction. Any person who violates any provision of this chapter shall also be subject to a civil penalty of not more than $500, to be recovered by the Town in a civil action, and each week's continued violation shall be for this purpose a separate and distinct violation. In the event that the Town is required to take legal action to enforce this chapter, the violator will be responsible for any and all necessary costs relative thereto, including attorneys' fees, and such expense shall be charged to the property so affected by including such expense in the next annual tax levy against the property.
A. 
Continuation of nonconforming uses. The lawful use of any existing outdoor woodburning furnace existing at the time of the adoption of this chapter may be continued, although such use does not conform with the provisions of this chapter, except as hereinafter provided.
B. 
Extension or enlargement. No outdoor woodburning furnace shall hereafter be extended or enlarged.
C. 
Abandonment and discontinuance. Any outdoor woodburning furnace which is abandoned or discontinued for a period of one year shall not be permitted to be reestablished as a nonconforming use and must be immediately removed by the property owner from the subject premises. If the property owner fails to remove the outdoor woodburning furnace by the end of said one-year period, the Town of Dickinson Code Enforcement Officer shall give written notice by certified mail or personal service to the property owner upon which the outdoor woodburning furnace is located. Such notice shall provide that such person shall remove the same within 15 days of the notice. Should the outdoor woodburning furnace not be removed in the time specified, the Code Enforcement Officer shall arrange for its removal. The cost of said removal, plus 50%, shall be charged to the owner of said premises. Said cost and 50% charge, if not paid, shall be assessed and collected in the same manner, by the same proceedings, at the same time, under the same penalties, and having the same lien upon the property so assessed as the general Town tax and as a part thereof.
D. 
Restoration. No outdoor woodburning furnace which has been damaged by natural causes to the extent of more than 75% of its assessed value for Town of Dickinson tax purposes shall be repaired or rebuilt.
The Town Board of the Town of Dickinson or its enforcement officer is hereby authorized in the name and on behalf of the Town to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.