[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 3-2-1964 as Ch. 13, § 2 of the 1964 Code of Ordinances. Amendments noted where applicable.]
It shall be unlawful in all districts of the village to permit the emission of dense smoke from any steam boiler, furnace, incinerator or similar device or contrivance or from the smokestack or chimney of any house, apartment house, office building, institution, place or premises or any building whatsoever, whether for the purpose of trade, residence or otherwise; or to cause, permit or allow to escape into the open air such quantities of soot, ash, dust, steam, cinders, dirt or other material or noxious gas in such place or manner as to cause or have a natural tendency to cause injury, detriment or annoyance to any person or persons or to the public or to endanger the comfort and repose, health or safety of any person or persons or the public or in such manner as to cause or have a natural tendency to cause injury or danger to business or property.
It shall be the duty of the Building Official to investigate all complaints made to him or her of a violation of any of the provisions of this chapter. Prosecutions for the violation of this chapter shall be instituted by the Building Official and shall be prosecuted in the name of the village. It shall be the duty of the Building Official to immediately report to the Board of Trustees all violations of this chapter together with the names and addresses of all witnesses having knowledge concerning or being in possession of facts showing such violations. The Building Inspector shall have the right and authority at all reasonable times to visit and inspect premises and machinery boilers, furnaces, incinerators or other appliances connected therewith necessary to such inspection for the purpose of ascertaining the kind or character of fuel and the manner of using the same or any other fact or facts showing compliance with or the violation of this chapter, including matters of construction and the necessity, if any, of reconstruction, repair or replacement.
For any and every violation of the provisions of this chapter the owner, general agent or contractor of a building or premises where such violations have been committed or shall exist and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a crime and shall be punished as set forth in Chapter 1, Article III, General Penalty. Each day's continued violation shall constitute a separate additional violation. Such fines or penalties shall be collected as like fines are now by law collected.