[HISTORY: Adopted by the Board of Trustees of the Village
of Bloomfield 10-25-2006 by L.L.
No. 5-2006 (Ch. 91 of the 2016 Code). Amendments
noted where applicable.]
A.
This chapter is adopted pursuant to the authority of Article 2, § 10,
of the New York State Municipal Home Rule Law, and Article 4, § 4-412,
of the New York State Village Law.
B.
The Village of Bloomfield Code Enforcement Officer, or any other
person who may hereafter be designated by resolution of the Village
Board of Trustees, is hereby authorized in the name and on behalf
of the Village of Bloomfield to undertake and prosecute any proceedings
necessary or appropriate to enforce compliance with this chapter.
It is generally recognized that the types of fuel used, and
the scale and duration of burning, by outdoor wood-burning furnaces
creates 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. Therefore,
with the adoption of this chapter, it is the intention of the Village
of Bloomfield Board of Trustees to establish and impose restrictions
upon the 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 self-contained unit, located outside of the principal structure,
designed and intended, through the burning of wood, for the purpose
of heating the principal structure or any other building or structure
on the premises.
Any person who owns or occupies the property at the time
the outdoor wood-burning furnace has been installed and/or operated.
The construction and operation of outdoor wood-burning furnaces
are hereby prohibited within the Village of Bloomfield.
A.
Any person who shall violate any provision of this chapter shall
be guilty of a violation as defined in Article 10 of the New York
State Penal Law and shall, upon conviction, be subject to a fine of
not more than $250 or to imprisonment for not more than 15 days, or
both such fine and imprisonment. Each week of continued violation
shall constitute a separate and distinct offense.
B.
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. Each week of continued violation
shall constitute a separate and distinct offense.
C.
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 incurred by the Village relative thereto, including attorney's
fees, and such amount shall be determined and assessed by the court.
If such expense is not paid in full within 30 days from the date it
is determined and assessed by the court, such expense shall be charged
to the property so affected by including such expense in the next
annual Village tax levy against the property.
