Village of Spring Lake, MI Chapter 196 Furnaces, Outdoor

[HISTORY: Adopted by the Village Council of the Village of Spring Lake 10-19-2009 by Ord. No. 316[1] (Ch. 34, Art. IV, of the 2000 Code of Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Building regulations — See Ch. 127.

Open burning — See Ch. 135.

Fire prevention — See Ch. 177.

Property maintenance — See Ch. 263.

Solid waste — See Ch. 300.

Zoning — See Ch. 390.

[1] Editor's Note: Section 2 of this ordinance provided that no officer, agent, employee or member of the Village Council be personally liable for any damage which may occur to any person or entity as the result of any act or decision performed in discharge of duties and responsibilities pursuant to this chapter. A complete copy of the ordinance is on file in the Village offices.

§ 196-1 Purpose.

This chapter is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Village of Spring Lake due to the air pollution from outdoor wood-burning furnaces.

§ 196-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

OUTDOOR WOOD-BURNING FURNACE

A. Any device or structure that:

(1) Is designed, intended, or used to provide heat and/or hot water to any residence or other structure;

(2) Operates by the burning of wood or other solid fuel; and

(3) Is not located within a residential or other structure for which it provides heat.

B. Excluded from the definition of an "outdoor wood-burning furnace" is any device which is not designed or used to heat a structure other than the structure in which it is located.

§ 196-3 Outdoor wood-burning furnaces prohibited.

It shall be unlawful to install or operate an outdoor wood-burning furnace, and to cause or permit the installation or operation of an outdoor wood-burning furnace within the Village.

§ 196-4 Conflict with other provisions.

This chapter shall not be construed as an exemption or exception to any other provision of this Code, including the construction codes, property maintenance code, fire prevention codes,[1] Chapter 390, Zoning, or any other code or ordinance. In the event of a conflict between the provisions of this chapter and any other ordinance or other provision of law, the more restrictive provision shall apply.

[1] Editor's Note: See also Ch. 127, Building Regulations; Ch. 263, Property Maintenance; and Ch. 177, Fire Prevention.

§ 196-5 Existing uses.

This chapter shall not apply to any outdoor wood-burning furnace that was installed, connected, and operating as of the effective date of this chapter. However, this chapter shall not be deemed as specific authorization for the use of any preexisting outdoor wood-burning furnace and shall not be deemed to bar, limit, or otherwise affect the rights of any person to take private legal action regarding damage to nuisance caused by the use of an outdoor wood-burning furnace. If a preexisting outdoor wood-burning furnace is converted, moved to a new location within the same property, is adapted to service additional structures or is otherwise changed, it will be construed to be a newly installed furnace, and this chapter shall apply in its entirety.

§ 196-6 Violations as nuisance.

Any outdoor wood-burning furnace installed or operated in violation of this chapter is hereby declared to be nuisance per se.

§ 196-7 Violations and penalties; abatement of nuisances.

A. Any person, firm, corporation, trust, partnership or other legal entity which violates or refuses to comply with any provision of this chapter shall be responsible for a municipal civil infraction and shall be subject to fines, costs, and other relief as provided for in Chapter 25, Municipal Civil Infractions, of this Code. Each day that a violation exists or continues shall constitute a separate and additional violation.

B. In addition to any other penalties or remedies available, the Village is authorized and empowered to direct the property owner to remove or otherwise abate the nuisance. If such notice is given, it shall be in writing, addressed to the property owner as it appears on the latest ad valorem property tax assessment roll, or current owner if such is different and known to the Village, and be mailed via first class or posted at the property in violation, and shall inform the property owner of the nature of the violation/nuisance and the date by which the violation/nuisance must be abated.

C. Upon failure, neglect or refusal of any property owner to comply with the provisions of this chapter, the Village or its authorized contractor, or other designee, is authorized and empowered to enter the property owner's property to abate the nuisance, or to provide and to make payment for the abatement of the nuisance maintained.

D. When the Village abates a nuisance as provided herein, the cost of any abatement, including legal expenses and the authorized administrative fee will be billed to the property owner. The cost and fee will be a debt of the property owner to the Village, which shall constitute a lien against the property, including interest, until paid, and enforced and collected in the same manner as ad valorem property taxes.