[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:
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.
A.
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.
B.
Extension or enlargement. No outdoor woodburning furnace shall hereafter
be extended or enlarged.
C.
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]
D.
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.
