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2005-256 ORDINANCE NO. 2005-256 An ordinance prohibiting the use of outdoor wood burning furnaces, with a penalty for violations upon conviction the payment of a forfeiture of not less than $100 nor more than $500 together with court costs and other relief. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS. SECTION I. Chapter 8.26 of the Code of General Ordinances of the City of J anesville is hereby created to read as follows. OUTDOOR WOOD BURNING FURNACES PROHIBITED Sections: 8.26.010 8.26.020 8.26.030 8.26.040 8.26.050 8.26.060 8.26.070 8.26.080 8.26.090 8.26.010 Intent and Purpose Definition State Law Empowerment and Incorporation - Conflicts Prohibition of Outdoor Wood Burning Furnaces Nonconforming Use. Enforcement and Inspections Severability Effective Date Violation - Penalty - Injunctive Relief Intent and Purpose. The Common Council of the City of J anesville hereby find that: A. It is recognized and found that wood smoke is hazardous to an individual's health and may affect the health of the general public when they are involuntarily exposed to the presence of wood smoke. B. Reliable scientific studies, including studies conducted by the Environmental Protection Agency (EP A), have shown that breathing wood smoke is a significant health hazard particularly to children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory functions, including asthmatics and those with obstructive airway disease. C. This Chapter is adopted for the purpose of protecting the public health, safety, comfort, and the general welfare of the people of the City of Janesville; educating citizens affected by this ordinance; and assisting property owners and managers in maintaining compliance. 8.26.020 8.26.030 A. B. C. D. E. F. Definition. Outdoor wood burning furnace: A furnace, or similar device, designed and intended, and/or used, through the burning of wood, for the purpose of heating the principal structure or another accessory structure on the premises. These types of furnaces are characterized by a short stack height. They are typically located out-of- doors and are contained in free-standing structures, or enclosed within another accessory structure, such as a garage or corral. This definition includes outside wood burning water stoves. State Law Empowerment and Incorporated - Conflicts. This chapter is authorized by Wisconsin Law including, but not limited to, Section 101.123(2) (c) of the Wisconsin State Statutes, as from time to' time are amended or renumbered. Section 101.123 of the Wisconsin State Statutes, as from time to time amended or renumbered, is incorporated herein by reference and made a part of this Chapter as if fully set forth verbatim. Any action prohibited or required by state law so incorporated herein is prohibited or required, as applicable, by this Chapter. This Chapter is consistent with the intent and goals of the provisions set forth in Section 101.123 of the Wisconsin State Statutes, as from time to time amended or renumbered. This Chapter also acts as a local supplement to the provisions of the state statutes. In the event of any conflict between any word, term, definition, provision, section, or requirement specifically set forth in this Chapter and those set forth elsewhere in this Chapter, other ordinances, State Statute or State Administrative Code, and/or the degree permitted by law, the more restrictive shall govern. In the event of any conflict between any word, term, definition, provision, section or requirement specifically set forth in this Chapter and those set forth in any state statute or state administrative code incorporated into and made a part of this Chapter by reference, the more restrictive provision shall take precedence and govern at all times, to the extent provided by law. In no event, however, shall a prohibition against the use of wood burning furnaces, or a requirement mandated by state statute or state law be modified, waived, or amended by the application of this Chapter. 8.26.040 8.26.050 8.26.060 Prohibition of Outdoor Wood Burning Furnaces in the City of J anesville. It shall be unlawful for any person to operate or use an outdoor wood burning furnace in the City of J anesville. Nonconforming Use. A. Continuation of Nonconforming Uses. The lawful use of any existing "outdoor wood burning furnace" existing at the time of the effective date of this Chapter may be continued, although such use does not conform to the provisions of this law as hereinafter provided. B. Extension or enlargement. No non-conforming or pre-existing "outdoor wood burning furnace" shall hereafter be extended, enlarged, or expanded. C. Abandonment and discontinuance. Any currently existing and used "outdoor wood burning furnace" which is abandoned or not used for a period of twelve (12) consecutive months shall not be permitted to be re- established as a non-conforming use, cannot be used, 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 months, the City of Janesville Code Enforcement Officer shall give written notice by certified mail, personal service, or posting to the property owner upon which the "outdoor wood burning furnace" is located. Such notice shall provide that such person shall remove the same within fifteen (15) days of the notice. Should the "outdoor wood burning furnace" not be removed in the time specified, the Code Enforcement Officer shall arrange for the removal of the "outdoor wood burning furnace." The cost of said removal shall be charged to the owner of said premises. Said cost if not paid within thirty (30) days shall be assessed and collected in the same manner, by the same proceedings, at the same time, under the same penalties, and having the same lien upon the property so assessed as the General City of Janesville Tax and as a part thereof. D. Termination. At such time as the useful life of a non-conforming or pre- existing "outdoor wood burning furnace" has elapsed or would need to be repaired to function properly, the unit cannot be replaced and must be abandoned, not used, and removed from the property immediately. Enforcement and Inspection. The City of J anesville Department of Housing, Building and Neighborhood Services, and affiliated officials shall have the power, whenever they deem it necessary, to enter upon the premises/property to inspect and ascertain compliance with the requirements of this ordinance. 8.26.070 8.26.080 8.26.090 Severability. The provisions of this Chapter are severable. If any provision or section is held to be invalid or unconstitutional or if the application of any provision or section to any person or circumstance is held to be invalid or unconstitutional, such holding shall not affect the other provisions, sections or applications of this Chapter which can be given effect without the invalid or unconstitutional provision, section, or applications. It is hereby declared to be the intent of the Common Council that this Chapter would have been adopted had any invalid or unconstitutional provision or application not been included herein. Effective Date. common council. This Chapter shall be effective upon adoption by the Violation - Penalty - Iniunctive Relief. A. Any owner, proprietor, manager, or other person in charge of or who uses a property in violation of any provision of this Chapter upon conviction shall be required to forfeit and pay not less than one hundred dollars ($100) nor more than five hundred dollars ($500) plus the costs of prosecution. Each day of violation shall constitute a separate offense for which a separate penalty may be imposed. B. Iniunctive Relief. Consistent with Section 101.123(9) of the Wisconsin State Statutes, as from time to time amended or renumbered, not withstanding Section 165.60 of the Wisconsin State Statutes, the City, state, local officials, including, but not limited to, sworn peace officers, building/code inspectors, and any affected party may institute an action in any court with jurisdiction to enjoin repeated violations of this section. The City may also seek, and the court may grant, other related injunctive relief to abate or prevent repeated violations and to seek compliance. MOTION BY: Williams SECOND BY: DeGarmo COUNCILMEMBER A N P AB Y A A SE E Y S NT S WELLNITZ, TIM X BRIEN X WILLIAMS X WELLNITZ, TOM X STEEBER X DEGARMO X ADDIE X ADOPTED: January 24, 2005 APP~~~V¿D: c;-'. -:/¿.. Z</ ~ C· ~./*-- ./' r ___ -----'--- Steven E. Sheiffer, City Manager PPRO~~~O~ City Attorney