[HISTORY: Adopted by the Board of Trustees of the Village
of Honeoye Falls 6-21-2010 by L.L. No. 3-2010. Amendments noted where
applicable.]
GENERAL REFERENCES
Building code administration and enforcement — See Ch. 70.
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 of Honeoye Falls by the adoption
of this chapter to prohibit the use, installation, construction and
operation of outdoor wood-burning 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.
As used in this chapter, the following terms shall have the
meanings indicated:
A fuel burning device and related components (e.g., pipes,
chimney, foundation) designed to burn wood or other approved solid
fuels; that the manufacturer specifies for outdoor installation or
installation in structures not normally occupied by humans (e.g.,
garages); and that heats building space and/or water via the distribution,
typically through pipes, of a fluid heated in said device, typically
water or a water/antifreeze mixture. An outdoor wood-burning furnace
may also be referred to as an "outdoor wood boiler" or "outdoor wood-fired
hydronic heater" or "OWB."
The use, installation, construction and operation of outdoor
wood-burning furnaces are hereby prohibited within the Village of
Honeoye Falls.
Any person who shall violate any provision of this chapter shall
be subject to a penalty of not more than $250 for the first violation,
nor more than $500 for the second and each subsequent violation. Each
week's continued violation shall constitute a separate and distinct
offense. Compliance with this chapter may also be compelled and violations
be restrained by order or by injunction of a court of competent jurisdiction.
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.
The Village Board of the Village of Honeoye Falls 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.
The provisions of this chapter are severable and the invalidity
of a particular provision shall not invalidate any other provisions.
This chapter shall effect immediately upon filing in the office
of the New York State Secretary of State or as otherwise provided
by law.
