Fire prevention — See Ch. 106.
§ 115-3Authority; enforcement.
§ 115-4Construction and operation prohibited.
§ 115-5Penalties for offenses.
§ 115-6Nonconforming uses.
It is generally recognized that the types of fuel used, and the scale and duration of burning by outdoor solid-fuel-burning furnaces, creates 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. Therefore, with the adoption of this chapter, it is the intention of the Village of LeRoy Board of Trustees to establish and impose restrictions upon the construction and operation of outdoor solid-fuel-burning furnaces within the limits of the Village for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Village and its inhabitants.
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR SOLID-FUEL-BURNING FURNACE
- An accessory structure, designed and intended, through the burning of any solid fuels, including but not limited to wood, coal, trash, plastic, particle board, yard wastes and paper products, for the purpose of heating or providing energy to a principal structure, or any other building, site or structure on the premises on which the said accessory structure is located.
- VIOLATOR or ANY PERSON WHO VIOLATES ANY PROVISION OF THIS CHAPTER
- Any person who owns or occupies the property at any time an outdoor solid-fuel-burning furnace is installed or operated under circumstances not permitted under this chapter.
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 Town and Village of LeRoy Code Enforcement Officer, or any other person who may hereafter be designated by resolution of the Village of LeRoy Board of Trustees, is hereby authorized in the name and on behalf of the Village of LeRoy to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.
The installation, construction and operation of outdoor solid-fuel-burning furnaces are hereby prohibited within the Village of LeRoy, other than those installed and operational prior to January 24, 2007.
Any person who shall violate any provisions 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 $150 for the first offense. The punishment for the second offense shall be a fine of not more than $300 and for a third or subsequent offense a fine of not more than $500 or imprisonment for not more than 15 days, or both such fine and imprisonment. Each week's continued violation after notice of such violation is sent to the owner or occupant by the said Code Enforcement Officer shall constitute a separate and distinct offense. Such notice shall be sent to the owner or occupant by first-class mail, and proof that such notice was sent and not returned to the sender as undelivered shall create a rebuttable presumption that it was duly received by the addressee.
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 Village in a civil action. Each week's continued violation shall be, for this purpose also, a separate and distinct violation.
Compliance with this chapter may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction.
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 attorney's fees, and such amount shall be determined and assessed by a court. If such expenses are 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.
Except as hereinafter provided, the lawful use of any outdoor solid-fuel-burning furnace existing at the time of the original introduction of this chapter (January 27, 2007) may be continued, although such use does not conform with the provisions of this chapter, until April 30, 2012.
Any outdoor solid-fuel-burning furnace preexisting within the Village of LeRoy at the time this chapter becomes effective must be installed in full compliance with its manufacturer's recommendations. If any such furnace is not in compliance with such recommendations the owner or operator thereof shall bring the said furnace into full compliance within 30 days of the effective date hereof. After said 30 days any such furnace not in compliance shall lose its status as a preexisting nonconforming use, and a court of competent jurisdiction may order its disassembly and removal in a proceeding brought by the LeRoy Code Enforcement Officer against the owner or owners of the premises on which such furnace is located.
Any such preexisting outdoor solid-fuel-burning furnace may be operated and used only between December 1 and April 30 of the winter heating season.
Any such preexisting outdoor solid-fuel-burning furnace must be installed no closer than 20 feet from any of the property lines of the premises on which it is located, and no closer than 300 feet from any residence located on any property.
The only fuels allowed to be burned in preexisting outdoor solid-fuel-burning furnaces within the Village of LeRoy are those fuels recommended by the manufacturers thereof; but in no case shall any of the following be burned in such furnaces:
No outdoor solid-fuel-burning furnace existing at the time of the adoption of the local law shall thereafter be replaced, extended or enlarged.
Any existing outdoor solid-fuel-burning furnace which is abandoned or discontinued for a period of 10 consecutive months 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 solid-fuel-burning furnace by the end of the said ten-consecutive-month period, the Town and Village of LeRoy Code Enforcement Officer shall give written notice by certified mail or personal service to the owner or occupant of the property upon which the outdoor solid-fuel-burning furnace is located. Such notice shall provide that said owner or occupant shall remove the outdoor wood burning furnace within 15 days of the date the notice is either postmarked or personally served upon the owner.
Should the outdoor wood burning furnace not be removed within the time specified, the Code Enforcement Officer shall take any steps reasonably necessary to effect its removal, and shall bill the costs thereof, if any, to the owner or occupant of the premises, as provided below.
The costs incurred by the Village to effect said removal (including any attorney's fees incurred by the Village to effect the removal), plus an amount equal to 50% of said costs of removal, shall be charged to the owner of said premises. Said expense shall be paid by the owner or occupant of the property so affected within 30 days from the date said costs are presented to the owner. If said expenses are not paid within said thirty-day limit, then said expense shall be charged to the property so affected by including such expense in the next annual Village tax levy against the property.