[HISTORY: Adopted by the Common Council of the City of Monona
as § 8-1-11 of the 1994 Code. Amendments noted where applicable.]
For purposes of this chapter, the following definitions shall
apply:
To substantially annoy, injure or endanger the comfort, health,
repose or safety of anyone residing or working within 200 feet of
the property with the outdoor furnace.
A furnace, stove or boiler designed for the combustion of
solid fuel for the purpose of providing indoor heat and/or heated
water to any building or other structure, which is located outside
of the building or structure. This definition shall not include a
furnace or stove providing direct radiant heat, used occasionally
for area heating within an accessory building.
No person shall install, use or maintain an outdoor furnace
in the City of Monona, except as otherwise specifically provided herein.
Any person with an outdoor furnace installed and operating prior
to the effective date of this chapter may apply for a permit to continue
to operate the furnace. The permit shall be issued by the City Clerk
based upon an application form provided by that office and payment
of the requisite fee pursuant to the City's Fee, Forfeiture and Deposit
Schedule. Permits issued pursuant to this section expire on June 30
of each year and shall not be transferable to the new owner of an
existing outdoor furnace.
A.
Use and operation of preexisting outdoor furnaces. All permitted
outdoor furnaces shall be used and operated in accordance with the
following restrictions:
(1)
All outdoor furnaces shall be operated in accordance with the manufacturer's
directions, except as otherwise provided herein.
(2)
No industrial waste, rubber, plastic, used motor oil, toxic chemicals,
hazardous waste, yard waste, painted or chemically treated wood, processed
wood products, household garbage, cardboard, wastepaper or animal
waste shall be burned in an outdoor furnace.
(3)
Outdoor furnaces shall not be operated between May 31 through the
next following September 1.
(4)
Outdoor furnaces shall not be operated in a manner that produces
excessive smoke, dust or odors.
(5)
Outdoor furnaces shall meet all applicable state and federal emission
standards.
B.
Procedure to revoke permit. In the event that a complaint is received by the City as to the operation of an outdoor furnace with a permit, the complaint shall be referred to the Building Inspector for investigation. The Building Inspector shall then determine whether the operation of the furnace is a nuisance, as defined by this chapter, or being operated in violation of the requirements set forth in Subsection A above. In the event the Building Inspector determines that the operation of the furnace is a nuisance or in violation of Subsection A, he or she shall revoke the permit and provide notice of the revocation of the permit to the holder of the permit by certified mail. The holder of the permit shall have the right to appeal the determination of the Building Inspector by filing a petition for review of the determination pursuant to Chapter 7, Administrative Review. Revocation of the permit shall be stayed pending the final determination of such review.
Violations of this chapter shall be subject to the general penalty set forth in § 1-4 of the Code. The Building Inspector shall promptly report all such violations to the City Attorney, who shall, if authorized by the Mayor, bring action to enjoin the use of the outdoor furnace.
