[HISTORY: Adopted by the Town Board of the Town of Red Hook 8-8-2006 by L.L. No. 4-2006. Amendments noted where applicable.]
Fire prevention and building construction — See Ch. 74.
This chapter is adopted pursuant to the authority of Article 2, § 10, of the New York State Municipal Home Rule Law.
The Town of Red Hook Code Enforcement Officer, or any other person who may hereafter be designated by resolution of the Town Board, Town of Red Hook, is hereby authorized in the name and on behalf of the Town of Red Hook 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, 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. Therefore, with the adoption of this chapter, it is the intention of the Town Board of the Town of Red Hook to establish and impose restrictions upon the operation of outdoor wood-burning furnaces within the limits of the Town of Red Hook for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Town and its inhabitants.
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR WOOD-BURNING FURNACE
- Any accessory appliances, designed and intended, through the burning of wood, for the purpose of heating the principal structure or any other site, building, or structure on the premises.
- VIOLATOR or ANY PERSON WHO VIOLATES ANY PROVISION OF THIS CHAPTER
- Any person who owns the property at the time the outdoor wood-burning furnace has been installed and/or operated or occupies the property and utilizes such outdoor wood-burning furnace.
The construction and operation of outdoor wood-burning furnaces are hereby prohibited within the Town of Red Hook.
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's 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.
Except as hereinafter provided, the lawful use of any outdoor wood-burning furnace existing at the time of the adoption of this chapter which has received a permit from the Town of Red Hook may be continued, although such use does not conform with the provisions of this chapter.
All existing outdoor wood-burning furnaces must be in strict compliance with the manufacturer's specifications pertaining to installation, operation and maintenance. In the event of a conflict, the regulations promulgated hereunder shall apply, unless the manufacturer's instructions are stricter than the regulations promulgated hereunder, in which case the manufacturer's instructions shall apply.
A no-burn period for existing boilers shall be in place from May 1 through October 1.
Fuel shall only be natural untreated wood or fuels specifically permitted by the manufacturer. Notwithstanding the foregoing, the following fuels are strictly prohibited:
The minimum chimney height on all existing outdoor wood-burning furnaces shall be a minimum of 15 feet above the outdoor furnace.
All existing outdoor wood-burning furnaces must be equipped with a properly functioning spark arrestor.
No outdoor wood-burning furnace existing at the time of the adoption of this chapter shall thereafter be extended or enlarged.
Any existing outdoor wood-burning furnace which is unused, abandoned or discontinued for a period of 12 consecutive months 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 wood-burning furnace by the end of said twelve-consecutive-month period, the Town of Red Hook Code Enforcement Officer shall give written notice by certified mail or personal service to the owner of the property upon which the outdoor wood-burning furnace is located. Such notice shall provide that said owner shall remove the outdoor wood-burning furnace within 15 days of the date the notice is either postmarked or personally served upon the owner.
Should the outdoor wood-burning furnace not be removed within the time specified, the Code Enforcement Officer shall take reasonable steps to effect its removal.
The costs incurred by the Town to effect said removal (including any attorneys fees incurred by the Town to effect the removal), plus an amount equal to 50% of said costs of removal, shall be charged to the owner of said premises. Said expense shall be paid by the owner of the property so affected within 30 days from the date said costs are presented to the owner. If said expense is not paid within said thirty-day time frame, then said expense shall be charged to the property so affected by including such expense in the next annual Town tax levy against the property.
No existing outdoor wood-burning furnace which has been damaged by any reason to the extent of more than 75% of its assessed value for Town of Red Hook tax purposes shall be repaired or rebuilt.