[HISTORY: Adopted by the Board of Trustees of the Village of Fairport 12-10-2007 by L.L. No. 8-2007 (Ch. 34B of the 1968 Code). Amendments noted where applicable.]
Code enforcement procedures — See Ch. 207.
Uniform construction codes — See Ch. 215.
Editor's Note: This local law was approved by the Mayor 12-10-2007.
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR FURNACE
- Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for an interior space.
No person shall install, affix, situate or operate or cause to be installed, affixed, situated or operated an outdoor furnace in the Village of Fairport.
The operation of any outdoor furnace installed and in operation prior to the effective date of this chapter shall be permitted to continue upon the following conditions:
Such operation may not be extended or enlarged.
Fuel used in the operation of such furnaces shall be limited to dry, natural, untreated wood.
Such outdoor furnaces must be equipped with a properly functioning spark arrestor and have a chimney or smokestack height of a least 15 feet.
Such outdoor furnaces may only be operated between October 1 and March 31.
No outdoor furnace in existence upon the adoption of this chapter may be replaced by another furnace.
Such operation must comply with all federal, New York State, and Monroe County rules and regulations, whether or not such rules and regulations are specifically designed to govern the operation of outdoor furnaces.
Such operation shall be permitted only at the location where it existed on the effective date of this chapter and may not be moved to another location.
Operators of such furnaces on the effective date of this chapter must obtain a permit for the continued operation from the Code Enforcement Officer of the Village of Fairport within one year of the effective date hereof or cease operation. The Code Enforcement Officer shall issue no permit without an inspection and certification that the provisions of this chapter are being met.
If after inspection the Village Code Enforcement Officer determines that there is a violation of this chapter, the Code Enforcement Officer shall serve a notice of violation upon the person who owns, occupies, or is in control of the premises upon which an outdoor furnace is installed, situated, or operated, as provided in Chapter 207 of the Code of the Village of Fairport.
The person so served shall, within 10 days after receipt of such notice, make the necessary changes or cease operation of the outdoor furnace and remove the same from the premises.
Any person who permits an outdoor furnace to be affixed, installed, situated or operated in the Village of Fairport following the expiration of 10 days after receipt of notice of violation from the Code Enforcement Officer shall be punishable as provided for hereinafter.
Civil penalties. Any person who violates this chapter shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Village.
Injunctive relief. An action or proceeding may be instituted in the name of the Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter or any notice or order issued by the Code Enforcement Officer issued pursuant to any provision of this chapter.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified herein. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified herein or in any other applicable law.