[HISTORY: Adopted by the Board of Trustees
of the Village of Waverly as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 153.
[Adopted 1-9-2007 by L.L. No. 1-2007[1]]
[1]
Editor's Note: This local law was adopted
as Ch. 90 but was renumbered to maintain the alphabetical sequence
of the Code.
This article is adopted pursuant to the authority
of Article II, § 10 of the Municipal Home Rule law and Article
IV, § 4-412, of the New York State Village Law.
It is the intention of the Village Board of
the Village of Waverly by the adoption of this article to establish
and impose restrictions upon the construction and operation of outdoor
solid-fuel-burning furnaces and boilers 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. It is generally recognized that the types of fuel used,
and the scale and duration of the burning, by such furnaces and boilers
create noxious and hazardous smoke, soot, fumes, odors and air pollution
which can be detrimental to citizens' health and can deprive neighboring
residents of the enjoyment of their property or premises.
As used in this article, the following terms
shall have the meanings indicated:
An accessory structure designed and intended, through the
burning of wood or other solid fuel, for the purpose of heating the
principal structure or any other site structure on the premises.
The construction and operation of outdoor solid-fuel-burning
furnaces and boilers are hereby prohibited within the Village of Waverly.
[Amended 9-23-2008 by L.L. No. 1-2008]
A.
Any person who shall violate any provision of this
article shall be guilty of a violation as defined in Article 10 of
the Penal Law and shall, upon conviction, be subject to a fine of:
(1)
First offense: up to $250 and/or up to 15 days in
jail.
(2)
Second offense for the same violation within two-year
period: minimum fine of $100 and up to $350 and/or up to 15 days in
jail.
(3)
Third offense for the same violation within two-year
period: minimum fine of $200 and up to $700 and/or up to 15 days in
jail.
(4)
Fourth offense for the same violation within two-year
period: minimum fine of $300 and up to $1,000 and/or up to 15 days
in jail.
B.
Subsequent violations. If a period of two or more
years has passed since the defendant's last conviction for violating
provisions of this article a subsequent conviction will be subject
to a first offense fine.
Compliance with this article 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
article shall also be subject to a civil penalty of not more than
$500 to be recovered by the Village in a civil action, and 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 article, the violator will be responsible for all
necessary costs relative thereto, including attorney's fees, and such
expenses shall be charged to the property so affected by including
such expenses in the next annual tax levy against the property.
A.
Continuation of nonconforming uses. The lawful use
of any existing outdoor solid-fuel-burning furnace or boiler existing
at the time of the adoption of this article may be continued, although
such use does not conform with the provisions of this article except
as hereinafter provided.
B.
Extension or enlargement. No outdoor solid-fuel-burning
furnace or boiler shall hereafter be extended or enlarged.
C.
Abandonment and discontinuance. Any outdoor solid-fuel-burning
furnace or boiler which is abandoned or discontinued for a period
of seven 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
solid-fuel-burning furnace or boiler by the end of the seven-month
period, the Code Enforcement Officer shall give written notice by
certified mail or personal service to the owner of the property upon
which the outdoor solid-fuel-burning furnace or boiler is located.
Such notice shall provide that such person shall remove the same within
15 days of the notice. Should the outdoor solid-fuel-burning furnace
or boiler not be removed in the time specified, the Code Enforcement
Officer shall arrange for its removal. The cost of said removal plus
50% shall be charged to the owner of said premises. Said cost and
50% charge, if not paid, shall be assessed and collected in the same
manner, by the same proceedings, at the same time, under the same
penalties, and having the same lien upon the property so assessed
as the General Village Tax as part thereof.
The Village Board of the Village of Waverly
and/or its enforcement officer are hereby authorized in the name and
on behalf of the Village to undertake and prosecute any proceedings
necessary or appropriate to enforce compliance with this article.
