[HISTORY: Adopted by the Board of Trustees of the Village of Middleport 7-16-2007
by L.L. No. 2-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building code administration and enforcement — See Ch. 97.
The Board of the Village of Middleport finds that the types of fuel
used and the scale and duration of burning by outdoor wood-burning furnaces
create noxious and hazardous smoke, soot, fumes, odors and air pollution.
The Board further finds that such pollutants are detrimental to residents'
health, and deprive neighboring residents of enjoyment of their premises.
The Board further finds that because of the smaller lots and close proximity
of residences in the Village, it is not practicable to expect that the smoke,
odor, soot, fumes and pollution expelled by outdoor wood-burning stoves will
be dissipated prior to affecting the quality of life, health, welfare and
enjoyment of neighboring residents. This chapter is enacted for the purpose
of promoting the public health, comfort, convenience, safety, welfare and
prosperity and general welfare of the Village and its residents and, further,
for the purpose of protecting property values in the Village.
As used in this chapter, the following terms shall have the definition
set forth herein:
An accessory structure, equipment, device or apparatus designed and
intended for the burning of wood or other combustibles for the purpose of
heating the principal structure or any other site structure on the premises.
Any individual, partnership, corporation or other entity which shall
reside in, own, or have a property interest in any premises in the Village
of Middleport.
Any plot or parcel of land in the Village of Middleport.
The construction and/or operation of outdoor wood-burning furnaces are
hereby prohibited within the Village of Middleport.
Any person who shall violate any provision of this chapter 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 not more than $250 or to imprisonment
for not more than 15 days or both such fine and imprisonment. Each week's
continued violation shall constitute a separate and distinct offense.
Compliance with this chapter 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 chapter 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 chapter, the violator will be responsible for any and
all necessary costs relative thereto, including attorney's fees, and
such expense shall be charged to the property so affected by including such
expense in the next annual tax levy against the property.
This chapter shall be enforced by the Building Inspector/Code Enforcement
Officer of the Village of Middleport and any police agency.
This chapter is adopted pursuant to the authority set forth in the Municipal
Home Rule Law § 10(1)(ii)(a). In any respect in which this chapter
shall contravene or be more stringent than any general law, or other Local
Law, or any rule or regulation, the provisions of this chapter shall prevail.
