[HISTORY: Adopted by the Board of Trustees of the Village of Fishkill 7-20-2009 by L.L. No. 15-2009. Amendments noted where applicable.]
This chapter 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 Fishkill by the adoption of this chapter to establish and impose restrictions upon the construction and operation of outdoor woodburning furnaces 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 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.
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR WOODBURNING FURNACE
- An accessory structure, designed and intended, through the burning of wood, for the purpose of heating the principal structure or any other site structure on the premises.
The construction and operation of outdoor woodburning furnaces is hereby prohibited within the Village of Fishkill.
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 the $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 that 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 attorneys' 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.
Continuation of nonconforming uses. The lawful use of any existing outdoor woodburning furnace existing at the time of the adoption of this chapter may be continued, although such use does not conform with the provisions of this chapter, except as hereinafter provided.
Extension or enlargement. No outdoor woodburning furnace shall hereafter be extended or enlarged.
Abandonment and discontinuance. Any outdoor woodburning furnace which is abandoned or discontinued for a period of one year 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 woodburning furnace by the end of said one-year period, the Village of Fishkill Code Enforcement Officer shall give written notice by certified mail or personal service to the property owner upon which the outdoor woodburning furnace is located. Such notice shall provide that such person shall remove the same within 15 days of the notice. Should the outdoor woodburning furnace 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 fifty-percent 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 and as a part thereof.
[Amended 5-24-2010 by L.L. No. 6-2010]
Restoration. No outdoor woodburning furnace which has been damaged by natural causes to the extent of more than 75% of its assessed value for the Village of Fishkill tax purposes shall be repaired or rebuilt.
[Amended 5-24-2010 by L.L. No. 6-2010]
The Village Board of Trustees of the Village of Fishkill or its Code 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 chapter.