2008 – No.3 – Outdoor Furnace
OUTDOOR SOLID FUEL BURNING FURNACES Local Law # 3, 2008, July 8, 2008 (continued)
VIOLATOR or ANY PERSON WHO VIOLATED ANY PROVISION OF THIS CHAPTER — Any person who owns or occupies the property at the time the outdoor solid fuel burning furnace has been installed and/or operated.
Section 4. Construction and operation prohibited.
The construction and operation of outdoor solid fuel burning furnaces are hereby prohibited within the Village of Sackets Harbor. The Village reserves the right to revisit the ban upon development of new and improved technology in air quality and aesthetic designs.
Section 5. Enforcement.
The Village of Sackets Harbor Code Enforcement Officer, or any other person who may hereafter be designated by resolution of the Village Board, is hereby authorized in the name and on behalf of the Village of Sackets Harbor to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.
Section 6. Penalties for offenses.
•A. Any person who shall violate any provision of this chapter shall be guilty of a violation 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. Any subsequent offense shall be punishable by a fine of not more than $1,000 or imprisonment for a period of not more than 30 days, or both. Each day that a violation occurs shall constitute a separate offense. The owners of premises upon which prohibited acts occur shall be jointly and severally liable for violations of this chapter
•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 of Sackets Harbor in a civil action. Each day that a violation occurs shall constitute a separate offense. The owners of premises upon which prohibited acts occur shall be jointly and severally liable for violations of this chapter.
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 of Sackets Harbor 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 expenses in the next annual Village of Sackets Harbor The construction and operation of outdoor solid fuel burning furnaces are hereby prohibited within the Village of Sackets Harbor.
•C. Any person who shall violate any provision of this chapter shall be guilty of a violation 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. Any subsequent offense shall be punishable by a fine of not more than $1,000 or imprisonment for a period of not more than 30 days, or both. Each day that a violation occurs shall constitute a separate
tax levy against the property. The owners of premises upon which prohibited acts occur shall be jointly and severally liable for violations of this chapter.
Section 7. Nonconforming uses; abandoned outdoor solid fuel burning furnaces.
•A. Except as hereinafter provided, the lawful use of any outdoor solid fuel burning furnace existing at the time of the adoption of this chapter may be continued, although such use does not conform with the provisions of this chapter.
•B. No outdoor solid fuel burning furnace existing at the time of the adoption of this chapter shall thereafter be extended or enlarged.
•C. Any existing outdoor solid fuel burning furnace which is abandoned or discontinued for a period of nine 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 solid fuel burning furnace by the end of said nine consecutive month period, the Village of Sackets Harbor Code Enforcement Officer shall:
OUTDOOR SOLID FUEL BURNING FURNACES Local Law # 3, 2008, July 8, 2008 (continued)
•(1) give written notice by certified mail or personal service to the owner of the property upon which the outdoor solid fuel burning furnace is located. Such notice shall provide that said owner shall remove the outdoor solid fuel burning furnace within 15 days of the date the notice is either postmarked or personally served upon the owner.
•(2) Should the outdoor solid fuel burning furnace not be removed within the time specified, the Village of Sackets Harbor shall take reasonable steps to effect its removal.
•(3) The costs incurred by the Village to effect said removal (including any attorneys’ fees incurred by the Village 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 Village of Sackets Harbor tax levy against the property.
•D. No existing outdoor solid fuel burning furnace which has been damaged by any reason to the extent of more than 50% of its assessed value for Village of Sackets Harbor tax purposes shall be repaired or rebuilt.
Section 8. Severability; when effective.
The provisions of this chapter are severable and the invalidity of a particular provision shall not invalidate any other provisions.
This chapter shall take effect immediately upon filing in the office of the New York Secretary of State.