Building code administration — See Ch. 38
§ 73-1Purpose; legislative intent.
§ 73-4Construction and operation prohibited.
§ 73-5Penalties for offenses.
§ 73-7Nonconforming uses.
This chapter provides for the prohibition of outdoor solid-fuel heating devices within the corporate limits of the Village of Churchville. The Village Board of the Village of Churchville has examined and studied the issue of outdoor solid-fuel heating devices and has determined that such devices cause noxious and hazardous smoke and odors, soot, fumes, and air pollution which can be detrimental to citizens' health and which can deprive neighboring residents of the enjoyment and comfort of their property or premises. Residents and establishments situated within the Village of Churchville are entitled to clean air and environmental surroundings free of unreasonable dust, smoke, obnoxious odors, fumes and smells, as well as an environment free from stored debris, and the storage of combustible fuels as might be established to fuel such heating devices.
This chapter is adopted pursuant to the authority given in Article 2, § 10 of the New York State Municipal Home Rule Law and Article 4, § 4-412 of the New York State Village Law.
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR SOLID-FUEL HEATING DEVICE
- Any structure separate from and outside of the main living or building areas of any resident's property, which structure is designed and intended, through the burning of wood or other solid fuels or substances, to heat the principal structure or any other site, building or structure on the premises. Such units are self-contained units designed to provide heating to a building or structure and which unit is located outside of such building or structure.
The construction and operation of outdoor solid-fuel heating devices is hereby prohibited within the corporate limits of the Village of Churchville.
Any person who shall violate any provisions of this chapter shall be guilty of a violation as defined in Article 10 of the Penal Law of the State of New York 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 or imprisonment. Each week's continued violation shall constitute a separate and distinct offense.
The Village of Churchville shall have the right to enforce compliance with this law and to prosecute all violations thereof either by an action in the Justice Court of the Town of Riga or for injunction or any other action as may be appropriate, in any court of competent jurisdiction.
The Code Enforcement Officer of the Village of Churchville is hereby charged with the responsibility to administer and enforce all of the provisions of this chapter and shall immediately report to the Village Board of Trustees any violations of such chapter. The Village Board may thereupon take whatever action they deem appropriate to enforce the provisions of this chapter.
Except as hereinafter provided, the lawful use of any outdoor solid-fuel heating device in existence at the time of the adoption of this chapter may be continued.
No outdoor heating device existing at the time of the adoption of this chapter shall hereafter be extended or enlarged.
Any existing outdoor heating device which is abandoned or discontinued for a period of six consecutive months shall not be permitted to be re-established as a nonconforming use and shall be immediately removed by the property owner from the subject premises.
All such outdoor heating devices in existence at the time of the adoption of this chapter shall apply for and receive a permit from the Code Enforcement Officer of the Village of Churchville, after inspection by such Code Enforcement Officer, and shall be subject to periodic inspection as in the discretion of the Code Enforcement Officer may be necessary or required. Such devices shall comply with all rules and regulations of the State of New York and the United States Environmental Protection Agency (EPA) and must meet all standards of performance as promulgated by any state or federal agency.