[HISTORY: Adopted by the Common Council of
the City of Norwich 6-19-2007 by L.L. No. 2-2007. Amendments noted where
applicable.]
This chapter is enacted pursuant to the authority
of Article 2, § 10, of the New York State Municipal Home
Rule Law.
It is generally recognized that both the types
of fuel used, and the scale and duration of operation of outdoor burning
furnaces, create noxious and hazardous smoke, soot, fumes, odors and
air pollution, which can be detrimental to citizens' health, and can
deprive neighboring residents of the enjoyment of their property or
premises. Therefore, with the enactment of this chapter, it is the
intention of the City of Norwich Common Council to establish and impose
restrictions upon the construction and operation of outdoor burning
furnaces within the limits of the City, for the purpose of protecting
and promoting the public health, comfort, convenience, safety, welfare
and prosperity of the City and its inhabitants.
As used in this chapter, the following terms
shall have the meanings as indicated:
An accessory structure or any type of equipment, device or
apparatus, or any part thereof, which is installed, affixed, or situated
outdoors, and which is designed and intended, through the burning
of wood or any combustible materials, for the purpose of heating the
interior of the principal structure or the interior of any other site,
building, or structure on the premises.
Any person who owns or occupies the property at the time
an outdoor burning furnace has been installed or operated thereon
in nonconformance with the provisions of this chapter.
The City of Norwich Code Enforcement Officer,
or any other person who may hereafter be designated by the City of
Norwich Common Council, is hereby authorized in the name of and on
behalf of the City of Norwich to undertake and prosecute any proceedings
necessary or appropriate to enforce compliance with this chapter.
The construction or operation of outdoor burning
furnaces within the City of Norwich is hereby prohibited.
A.
Except as hereinafter provided, the lawful use of
any outdoor burning furnace existing at the time of the adoption of
this chapter may be continued, notwithstanding that such use does
not conform to the provisions of this chapter, but in any event, such
furnace must abide by any other applicable environmental, local, state,
or federal laws or regulations.
B.
No outdoor burning furnace existing at the time of
the adoption of this chapter shall thereafter be extended upon or
enlarged.
C.
Any outdoor burning furnace which is existing at the
time of the adoption of this chapter, and of which its operation is
thereafter abandoned or discontinued for a period of eight or more
consecutive months, shall not be permitted to be reestablished as
an allowable nonconforming use, and must be immediately removed by
the property owner from the subject premises.
(1)
If the property owner fails to remove such outdoor
burning furnace by the end of said eight-consecutive-month period,
the City of Norwich Code Enforcement Officer shall give written notice
by certified mail or personal service to the owner of the property
upon which the outdoor burning furnace is located. Such notice shall
provide that said owner shall remove the outdoor burning furnace within
15 days of the date the notice is either postmarked or personally
served upon the owner.
(2)
Should the outdoor burning 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 City to effect said removal
(including, but not limited to, any attorney's fees incurred by the
City 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 adding such expense to the
next annual City tax levy against the property.
D.
No existing outdoor burning furnace which has been
damaged by any reason to the extent of more than 75% of its assessed
value for City of Norwich tax purposes shall be repaired or rebuilt.
A.
Any person who shall violate any provision 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 violation.
B.
Compliance with this chapter may also be compelled
and violations thereof may be 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 City in a civil action.
Each week's continued violation shall be, for this purpose, a separate
and distinct violation.
C.
In the event the City is required to take legal action
to enforce this chapter, the violator will be responsible for any
and all necessary costs incurred by the City relative thereto, including,
but not limited to, 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 adding
such expense to the next annual City tax levy against the property.
