[HISTORY: Adopted by the Board of Trustees of the Village of Oxford 4-4-2006
by L.L. No. 1-2006. Amendments noted where applicable.]
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 Oxford 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, 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 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 woodburning furnaces are hereby
prohibited within the Village of Oxford
A.
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.
The Village of Oxford Code Enforcement Officer, or any
other person who may hereafter be designated by resolution of the Village
of Oxford Board of Trustees, is hereby authorized in the name and on behalf
of the Village of Oxford to undertake and prosecute any proceedings necessary
or appropriate to enforce compliance with this chapter.
A.
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
$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.
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 in
a civil action. Each week's continued violation shall be, for this purpose,
a separate and distinct violation.
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 relative thereto, including attorneys'
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 expense in the next annual Village tax levy against
the property.
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
from the subject premises by the property owner.
(1)
If the property owner fails to remove the outdoor woodburning
furnace by the end of said seven-consecutive-month period, the Village of
Oxford 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 Code Enforcement Officer 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 tax levy against the property.
D.
No existing outdoor woodburning furnace which has been
damaged by any reason to the extent of more than 75% of its assessed value
for Village of Oxford tax purposes shall be repaired or rebuilt.
