[Adopted 7-28-2008]
It is generally recognized that the types of
fuel used and the scale and duration of burning by outdoor woodburning
furnaces create noxious and hazardous smoke, soot, fumes, odors and
air pollution, 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 article, it is the intention
of the City of Sunbury Council members to establish and impose restrictions
upon the construction and operation of outdoor woodburning furnaces
within the limits of the City for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare and prosperity
of the City and its inhabitants.
As used in this article, the following terms
shall have the meanings indicated:
An accessory structure designed and intended, through the
burning of wood, for the purpose of heating the principal structure
of any other site, building, or structure on the premises.
Any person who owns or occupies the property at the time
the outdoor woodburning furnace had been installed and/or operated.
The construction, installation and operation
of outdoor woodburning furnaces, also known as "solid-fuel heating
devices" or "external heating devices," are hereby prohibited within
the City of Sunbury.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any provision of
this article shall be guilty of a summary offense and, upon conviction,
be subject to a fine of not more than $1,000, plus costs of prosecution,
or 90 days' imprisonment, or both. Each week's continued violation
shall constitute a separate offense.
A.
Except as hereinafter provided, the lawful use of
any outdoor woodburning furnace 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.
B.
No outdoor woodburning furnaces existing at the time
of the adoption of this article shall thereafter be extended or enlarged.
C.
Any existing outdoor woodburning furnace 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.
(1)
If any property owner fails to remove the outdoor
woodburning furnace by the end of said seven-consecutive-month period,
the City of Sunbury 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 is located. Such notice
shall provide that said owner shall remove the outdoor woodburning
furnace within 15 days of the date the notice is either postmarked
or personally served upon the owner.
(2)
Should the outdoor woodburning furnace not be removed
within the time specified, the Code Enforcement Officer shall take
reasonable steps to effect its removal.
(3)
The costs incurred by the City to effect said removal
(including any attorneys' fees incurred by the City to effect the
removal), plus an amount equal to 50% of said costs of 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 City tax levy against the property.
D.
No existing outdoor woodburning furnace which has
been damaged by any reason to the extent of more than 75% of its assessed
value for City of Sunbury tax purposes shall be repaired or rebuilt.
