[HISTORY: Adopted by the Village Board of the Village of
Malone as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Prevention and Building Code — See Ch. 22.
[Adopted 2-23-2004 by L.L. No. 1-2004]
This article is adopted pursuant to the authority of Article
II, Section 10 of the Municipal Home Rule Law and Article IV, Section
4-412 of the New York State Village Law.
It is the intention of the Village Board of the Village of Malone,
by the adoption of this article, 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, welfare and prosperity
of the Village 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 article, 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 structure on the premises, or heating the water
for any such structure.
Includes 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 woodburning furnaces
are hereby prohibited within the Village of Malone.
Any person who shall violate any provision of this article 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 article 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 article shall also be
subject to a civil penalty of not more than $500, to be recovered
by the Village in a civil action, and each week's continued violation
shall be for this purpose a separate and distinct violation. In the
event the Village is required to take legal action to enforce this
article, the violator will be responsible for any and all necessary
costs relative thereto, including attorney's fee, 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 article may be continued, although such use does not conform
with the provisions of this article except as hereinafter provided.
Currently existing outdoor woodburning furnaces may only be used for
burning wood; the burning of all other substances is prohibited.
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 seven 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-month period, the Village of Malone 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 Village 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 the fair market
value of such outdoor woodburning furnace shall be repaired or rebuilt.
The Village Board of the Village of Malone or its enforcement
officers are hereby authorized in the name and on behalf of the Village
to undertake and prosecute any proceeding necessary or appropriate
to enforce compliance with this article.
The provisions of this chapter are severable, and the invalidity
of a particular provision shall not invalidate any other provisions.
This chapter shall take effect immediately upon
filing in the office of the Secretary of State.
