[HISTORY: Adopted by the Village Council of the Village of
Spring Lake 10-19-2009 by Ord. No. 316[1] (Ch. 34, Art. IV, of the 2000 Code of Ordinances). Amendments
noted where applicable.]
GENERAL REFERENCES
Building regulations — See Ch. 127.
Open burning — See Ch. 135.
Fire prevention — See Ch. 177.
Property maintenance — See Ch. 263.
Solid waste — See Ch. 300.
Zoning — See Ch. 390.
[1]
Editor's Note: Section 2 of this ordinance provided that no
officer, agent, employee or member of the Village Council be personally
liable for any damage which may occur to any person or entity as the
result of any act or decision performed in discharge of duties and
responsibilities pursuant to this chapter. A complete copy of the
ordinance is on file in the Village offices.
This chapter is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the Village of Spring Lake due
to the air pollution from outdoor wood-burning furnaces.
As used in this chapter, the following terms shall have the
meanings indicated:
It shall be unlawful to install or operate an outdoor wood-burning
furnace, and to cause or permit the installation or operation of an
outdoor wood-burning furnace within the Village.
This chapter shall not be construed as an exemption or exception
to any other provision of this Code, including the construction codes,
property maintenance code, fire prevention codes,[1] Chapter 390, Zoning, or any other code or ordinance. In the event of a conflict between the provisions of this chapter and any other ordinance or other provision of law, the more restrictive provision shall apply.
This chapter shall not apply to any outdoor wood-burning furnace
that was installed, connected, and operating as of the effective date
of this chapter. However, this chapter shall not be deemed as specific
authorization for the use of any preexisting outdoor wood-burning
furnace and shall not be deemed to bar, limit, or otherwise affect
the rights of any person to take private legal action regarding damage
to nuisance caused by the use of an outdoor wood-burning furnace.
If a preexisting outdoor wood-burning furnace is converted, moved
to a new location within the same property, is adapted to service
additional structures or is otherwise changed, it will be construed
to be a newly installed furnace, and this chapter shall apply in
its entirety.
Any outdoor wood-burning furnace installed or operated in violation
of this chapter is hereby declared to be nuisance per se.
A.
Any person, firm, corporation, trust, partnership or other legal entity which violates or refuses to comply with any provision of this chapter shall be responsible for a municipal civil infraction and shall be subject to fines, costs, and other relief as provided for in Chapter 25, Municipal Civil Infractions, of this Code. Each day that a violation exists or continues shall constitute a separate and additional violation.
B.
In addition to any other penalties or remedies available, the Village
is authorized and empowered to direct the property owner to remove
or otherwise abate the nuisance. If such notice is given, it shall
be in writing, addressed to the property owner as it appears on the
latest ad valorem property tax assessment roll, or current owner if
such is different and known to the Village, and be mailed via first
class or posted at the property in violation, and shall inform the
property owner of the nature of the violation/nuisance and the date
by which the violation/nuisance must be abated.
C.
Upon failure, neglect or refusal of any property owner to comply
with the provisions of this chapter, the Village or its authorized
contractor, or other designee, is authorized and empowered to enter
the property owner's property to abate the nuisance, or to provide
and to make payment for the abatement of the nuisance maintained.
D.
When the Village abates a nuisance as provided herein, the cost of
any abatement, including legal expenses and the authorized administrative
fee will be billed to the property owner. The cost and fee will be
a debt of the property owner to the Village, which shall constitute
a lien against the property, including interest, until paid, and enforced
and collected in the same manner as ad valorem property taxes.