[HISTORY: Adopted by the Board of Trustees of the Village of Johnson City 4-4-2006 by L.L. No. 1-2006. Amendments noted where applicable.]
Although outdoor furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors and potential health effects of uncontrolled emissions. It is generally recognized that the types of fuel used, and the scale and duration of burning by outdoor woodburning 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. Therefore, with the adoption of this chapter, it is the intention of the Village of Johnson City Village Board of Trustees to establish and impose restrictions upon the construction and operation of outdoor woodburning furnaces within the limits of the Village for the purpose of securing and promoting the public health, comfort, convenience, safety, and welfare of the Village and its inhabitants.
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, building, or structure on the premises.
- VIOLATOR or ANY PERSON WHO VIOLATED ANY PROVISION OF THIS CHAPTER
- Any person who owns or occupies the property at the time the outdoor woodburning furnace has been installed and/or operated.
The construction and operation of outdoor wood burning furnaces are hereby prohibited within the Village of Johnson City.
The Village of Johnson City Code Enforcement Officer, or any other person who may hereafter be designated by resolution of the Village Board, is hereby authorized in the name and on behalf of the Village of Johnson City to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.
Any person who shall violate any provision of this chapter shall be guilty of a violation 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. Any subsequent offense shall be punishable by a fine of not more than $1,000 or imprisonment for a period of not more than 30 days, or both. Each day that a violation occurs shall constitute a separate offense. The owners of 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 $500, to be recovered by the Village of Johnson City in a civil action. Each day that a violation occurs shall constitute a separate offense. The owners of 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 of Johnson City relative thereto, including attorney's 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 expenses in the next annual Village of Johnson City tax levy against the property. The owners of premises upon which prohibited acts occur shall be jointly and severally liable for violations of this chapter.
Except as hereinafter provided, the lawful use of any 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.
No outdoor woodburning furnace existing at the time of the adoption of this chapter shall thereafter be extended or enlarged.
Any existing outdoor woodburning furnace which is abandoned or discontinued for a period of seven 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 woodburning furnace by the end of said seven-consecutive-month period, the Village of Johnson City Code Enforcement Officer shall give written notice by certified mail or personal service to the owner of the property upon which the outdoor woodburning furnace is located. Such notice shall provide that said owner shall remove the outdoor woodburning furnace within 15 days of the date the notice is either postmarked or personally served upon the owner.
Should the outdoor woodburning furnace not be removed within the time specified, the Village of Johnson City shall take reasonable steps to effect its removal.
The costs incurred by the Village to effect said removal (including any attorneys' 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 of the property so affected within 30 days from the date said costs are presented to the owner. If said expense is not paid within said thirty-day time frame, then said expense shall be charged to the property so affected by including such expense in the next annual Village of Johnson City tax levy against the property.
No existing outdoor woodburning furnace which has been damaged by any reason to the extent of more than 50% of its assessed value for Village of Johnson City tax purposes shall be repaired or rebuilt.