[HISTORY: Adopted by the Board of Trustees of the Village
of LeRoy 7-11-2007 by L.L. No. 2-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 106.
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:
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.
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
Compliance with this chapter may also be compelled and violations
restrained by order or by injunction of a court of competent jurisdiction.
D.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
[Amended 10-24-2007 by L.L. No. 4-2007]
E.Â
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:
F.Â
No outdoor solid-fuel-burning furnace existing at the time of the
adoption of the local law shall thereafter be replaced, extended or
enlarged.
G.Â
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.
(1)Â
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.
(2)Â
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.
(3)Â
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.
