[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:
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.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
No outdoor woodburning furnace existing at the time of
the adoption of this chapter shall thereafter be extended or enlarged.
C.
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.
(1)
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.
(2)
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.
(3)
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.
D.
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.
