[HISTORY: Adopted by the Board of Trustees of the Village of Elmira
Heights 1-3-2006 by L.L. No. 1-2006. Amendments
noted where applicable.]
GENERAL REFERENCES
Firewood — See Ch. 143.
As used in this chapter, the following terms shall have the meanings
indicated:
Any equipment, device or apparatus, or any part thereof, which is
installed, affixed or situated outdoors for the primary purpose of combustion
of fuel to produce heat or energy used as a component of a heating system
providing heat for an interior space.
No person shall install, affix, situate or operate or cause to be installed,
affixed, situated or operated an outdoor furnace in the Village of Elmira
Heights.
The operation of any outdoor furnace installed and in operation prior
to the effective date of this chapter shall be permitted to continue upon
the following conditions:
A.
Such operation may not be extended or enlarged.
B.
Fuel used in the operation of such furnaces shall be
limited to dry, natural, untreated wood.
C.
Such outdoor furnaces must be equipped with a properly
functioning spark arrestor and have a chimney or smokestack height of a least
15 feet.
D.
Such outdoor furnaces may only be operated between October
1 and March 31.
E.
Any outdoor furnaces in existence upon the adoption of
this chapter may not be replaced by another furnace.
F.
Such operation must comply with all federal, New York
State, and Chemung County rules and regulations, whether or not such rules
and regulations are specifically designed to govern the operation of outdoor
furnaces.
G.
Such operation shall be considered personal only at the
location of operation on the effective date of this chapter and shall not
be transferable.
H.
Operators of such furnaces at the effective date of this
chapter must obtain a permit for the continued operation as herein permitted
from the Code Enforcement Officer of the Village of Elmira Heights upon certification
of such Officer that the conditions set forth above have been complied with
within one year of the effective date of this chapter or such operation must
cease.
A.
If, after the inspection by the Village Code Enforcement
Officer, it is determined that there is a violation of this chapter, the person
who owns, occupies, or is in control of the premises upon which an outdoor
furnace is installed, situated, or operated shall be given written notice
of such violation by personal service or certified mail, return receipt requested
by such Code Enforcement Officer that said person is in violation of this
chapter.
B.
Said person shall, within 10 days after receipt of such
notice, make the necessary changes or cease operation of the outdoor furnace
and remove the same from the premises.
Any person who permits an outdoor furnace to be affixed, installed, situated or operated in the Village of Elmira Heights following the expiration of 10 days after receipt of notice of violation the Code Enforcement Officer of the Village of Elmira Heights shall be punishable as provided for in Chapter 1, General Provisions, Article II, General Penalty. Each separate violation shall constitute a separate additional offense.
