[HISTORY: Adopted by the Board of Trustees
of the Village of Fairport 12-10-2007 by L.L. No. 8-2007[1] (Ch. 34B of the 1968 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Code enforcement procedures — See Ch. 207.
Uniform construction codes — See Ch. 215.
[1]
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:
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:
A.
Such operation may not be extended or enlarged.
B.
Fuel used in the operation of such furnaces shall
be limited to dry, natural, untreated wood.
C.
Such outdoor furnaces must be equipped with a properly
functioning spark arrestor and have a chimney or smokestack height
of a least 15 feet.
D.
Such outdoor furnaces may only be operated between
October 1 and March 31.
E.
No outdoor furnace in existence upon the adoption
of this chapter may be replaced by another furnace.
F.
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.
G.
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.
H.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
