[HISTORY: Adopted by the Board of Trustees of the Village of Spencerport 6-6-2007 by L.L. No. 2-2007 (Ch. 85 of the 1988 Code). Amendments noted where applicable.]
This chapter shall be known as the "Village of Spencerport Outdoor Furnace Local Law."
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.
The Village of Spencerport Code Enforcement Officer or any other person who may hereafter be designated by resolution of the Village Board of Trustees is hereby authorized in the name and on behalf of the Village of Spencerport to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.
It is generally recognized that the types of fuel used and the scale and duration of burning by outdoor furnaces creates noxious and hazardous smoke, soot, fumes, odors and air pollution that 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 Spencerport Board of Trustees to establish and impose restrictions upon the construction and operation of outdoor 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:
- OUTDOOR FURNACE
- An accessory structure, designed and intended, through the burning of wood or other combustible materials, for the purpose of heating the principal structure or any other site, building or structure on the premises.
- VIOLATOR or ANY PERSON WHO VIOLATES ANY PROVISION OF THIS CHAPTER
- Any person who owns or occupies the property at the time the outdoor furnace has been installed and/or operated.
The construction and operation of outdoor furnaces are hereby prohibited within the Village of Spencerport.
Except as hereinafter provided, the lawful use of any outdoor 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.
No outdoor furnace existing at the time of the adoption of this chapter shall thereafter be extended or enlarged.
Any existing outdoor 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 by the property owner from the subject premises.
If the property owner fails to remove the outdoor furnace by the end of said seven-consecutive-month period, the Village of Spencerport Code Enforcement Officer shall give written notice by certified mail or personal service to the owner of the property upon which the outdoor furnace is located. Such notice shall provide that said owner shall remove the outdoor furnace within 15 days of the date the notice is either postmarked or personally served upon the owner.
Should the outdoor furnace not be removed within the time specified, the Code Enforcement Officer shall take reasonable steps to effect its removal.
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.
No existing outdoor furnace which has been damaged by any reason to the extent of more than 75% of its assessed value for Village of Spencerport tax purposes shall be repaired or rebuilt.
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 offense.
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.
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.