[HISTORY: Adopted by the Board of Trustees of Cuba Village 5-11-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
This chapter is adopted pursuant to the authority of Article 2, § 10, of the New York State Municipal Home Rule Law, and Article 4, § 4-412, of the New York State Village Law.
The Village of Cuba Code Enforcement Officer, or any other person who may hereafter be designated by resolution of the Village Board of Trustees, is hereby authorized in the name and on behalf of the Village of Cuba to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.
Some Village residents have installed outdoor furnaces for various reasons as an alternative to conventional heating systems for their homes. Concerns have been raised regarding the safety and environmental impacts of these heating devices in residential areas such as the Village of Cuba. It is generally recognized that outdoor furnaces create noxious smoke, soot, fumes, and odors that may be detrimental to citizens' health and can deprive neighboring residents of the enjoyment of their property or premises. Therefore, with the adoption of this chapter, it is the intention of the Village of Cuba Board of Trustees to establish and impose restrictions upon the construction and operation of outdoor furnaces within the limits of the Village for the purpose of securing and promoting the public health, comfort, safety, and welfare of the Village inhabitants.
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR FURNACE
- An accessory structure designed and intended, through the burning of solid fuel, for the purpose of heating the principal structure or any other site, building, or structure on the premises.
- VIOLATOR or ANY PERSON WHO VIOLATES ANY PROVISION OF THIS CHAPTER
- Any person who owns or occupies the property at the time the outdoor furnace is installed and/or operated.
The construction and operation of outdoor furnaces are hereby prohibited within the Village of Cuba.
Any outdoor furnace installed and in operation prior to the effective date of this chapter shall:
Not be extended or enlarged.
Use dry, natural, untreated wood for fuel.
Be equipped with a properly functioning spark arrestor and have a chimney height of at least twenty feet measured from the ground.
Be operated only from October 1 until March 31.
Not be replaced by another outdoor furnace.
Comply with all federal, state and local laws, rules and regulations that may apply.
Be considered personal to the current inhabitants of the dwelling. Any transfer of title shall extinguish any rights to continue use.
Require a permit from the Village of Cuba to be issued by the Code Enforcement Officer and meet all requirements for operation as outlined herein within one year of the effective date of this chapter.
If, after inspection by the Code Enforcement Officer of any preexisting outdoor furnace, it is determined that there is a violation or noncompliance with this chapter, the person who owns, occupies or is in control of the premises upon which the outdoor furnace is installed shall be given written notice of any such violation, by personal delivery or by certified return-receipt mail, by the Code Enforcement Officer.
Within 10 days of receipt of such notice, said person shall make the necessary repairs or changes. If the changes or repairs are not made within the ten-day period the use of the outdoor furnace will cease and the unit shall be removed from the premises.
Any person who shall violate any provision of this chapter shall be guilty of a violation as defined in Article 10 of the New York State 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. The owners of the premises upon which prohibited acts occur shall be jointly and severally liable for violations of this chapter.
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 $250, to be recovered by the Village in a civil action. Each week's continued violation shall be, for this purpose, a separate and distinct violation. The owners of the premises upon which prohibited acts occur shall be jointly and severally liable for violations of this chapter.
In the event the Village is required to take legal action to enforce this chapter, the violator will be responsible for any and all necessary costs incurred by the Village relative thereto, including attorneys' fees, and such amount shall be determined and assessed by the court. If such expense is not paid in full within 30 days from the date it is determined and assessed by the court, such expense shall be charged to the property so affected by including such expense in the next annual Village tax levy against the property. The owners of the premises upon which prohibited acts occur shall be jointly and severally liable for violations of this chapter.