Village of Naples, NY
Ontario County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Naples 1-17-2007 by L.L. No. 1-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform Code enforcement — See Ch. 345.
Zoning — See Ch. 385.

§ 138-1 Authority; enforcement.

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 Naples 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 Naples to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.

§ 138-2 Findings and purpose.

It is generally recognized that the types of fuel used and the scale and duration of burning by outdoor woodburning furnace devices create noxious and hazardous smoke, soot, fumes, odors and air pollution and 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 Naples Board of Trustees to establish and impose restrictions upon the construction and operation of outdoor woodburning furnace devices 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.

§ 138-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
OUTDOOR FURNACE DEVICE
Any contrivance, apparatus or part thereof, including a boiler, fire box, exchanger, grate, fuel gun, fuel nozzle, chimney, smoke pipe, smokestack, exhaust conduit and like devices, used for the burning of combustible fuels for the creation of heat or energy from an exterior location into an interior location.
A. 
Any person who violates any provision of this chapter.
B. 
Any person who owns or occupies the property at the time the outdoor woodburning furnace device has been installed and/or operated in violation of this chapter.

§ 138-4 Permitted locations; installation standards; fuel limitations.

Outdoor furnace devices shall be permitted anywhere within the Village of Naples so long as the following standards and procedures are met. Standards for the installation of any exterior furnace device, in addition to any manufacturer's recommended installation requirements, shall also require the following:
A. 
Installation upon a nominal six-inch-thick permanent, reinforced cement pad in such dimension so as to allow a minimum of six inches of exposed surface area along the perimeter of the pad.
B. 
Installation of a smokestack to a minimum height exceeding four feet in elevation and higher than any adjacent structure, building or wall that is within 50 feet of the location of the exterior furnace device. The location of the exterior furnace must comply with all setback regulations from all property lines and comply with all separation distances from other structures on the premises as may be imposed by the Zoning Code of the Village of Naples[1] and the Building Code of the State of New York.
[1]
Editor's Note: See Ch. 385, Zoning.
C. 
Installation of any electrical or plumbing apparatus or device used in connection with the operation of an exterior furnace device shall be in conformity with all applicable electrical and plumbing codes and, in the absence of such code, in conformity with the manufacturer's installation specifications.
D. 
Any exterior furnace device installed with abutting premises in residential use shall maintain a setback greater than 200 feet distant from the residential property line.
E. 
Fuel substances permitted for combustion in an exterior furnace device installation shall be limited to the following: natural gas, propane, home heating oil, coal and wood.
F. 
Fuel substances prohibited for combustion in an exterior furnace device installation shall include the following: industrial waste, rubber, plastic, used motor oil, toxic chemicals, contaminated waste, yard waste, household garbage, cardboard and wastepaper, animal waste and any material prohibited for combustion by federal or state statute or regulation.
G. 
No exterior furnace device shall be utilized in any manner as a waste incinerator.

§ 138-5 Penalties for offenses.

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 less than $150 and 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 that 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 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.

§ 138-6 Nonconforming uses.

A. 
Except as hereinafter provided, the lawful use of any outdoor woodburning furnace device existing at the time of the adoption of this chapter may be continued, although such use does not conform to the provisions of this chapter.
B. 
No outdoor woodburning furnace device existing at the time of the adoption of this chapter shall thereafter be extended or enlarged.
C. 
Any existing outdoor woodburning furnace device 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.
D. 
If the property owner fails to remove the outdoor woodburning furnace device by the end of said seven-consecutive-month period, the Village of Naples 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 device is located. Such notice shall provide that said owner shall remove the outdoor woodburning furnace device within 15 days of the date the notice is either postmarked or personally served upon the owner.
E. 
Should the outdoor woodburning furnace device not be removed within the time specified, the Code Enforcement Officer shall take reasonable steps to effect its removal.
F. 
The costs incurred by the Village to effect said removal (including any attorney fees incurred by the Village to effect the 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.
G. 
No existing outdoor woodburning furnace device which has been damaged by any reason to the extent of more than 75% of its assessed value for Village of Naples tax purposes shall be repaired or rebuilt.