1. No person shall cause, allow or maintain the use of an outdoor furnace within the Borough of Blossburg without first having obtained a permit from the Borough Codes Office, excepting however, that all operators or owners with outdoor furnaces shall have 90 days from the effective date of this Part to obtain a permit conforming to the regulations herein stated. Permit fees shall be established by the Borough Council of the Borough of Blossburg.
2. Right of Entry and Inspection. The Borough Manager, Police Chief, Codes Enforcement Officer and/or any authorized officer who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this Part.
3. Enforcement and Penalties.
A. The Borough Manager, Police Chief and/or Code Enforcement Officer are authorized to enforce the provisions of this Part.
B. Any person, firm, association, partnership, corporate or governmental entity who violates any of the provisions of this Part or fails to comply with a duly authorized order issued pursuant to this Part shall be deemed to be responsible for a municipal civil infraction which shall be punishable by civil fines determined in accordance with the following schedule:
Offense | Minimum Fine | Maximum Fine |
1st Offense within 3-year period * | $75 | $500 |
2nd Offense within 3-year period * | $150 | $500 |
3rd Offense within 3-year period * | $325 | $500 |
4th or more Offense within 3-year period * | $500 | $500 |
*Determined on the basis of the date of commission of the offense(s). | ||
C. The violator shall pay costs which may include all expenses, direct and/or indirect, which the Borough of Blossburg has incurred in connection with the infraction. In no case, however, shall costs of less than $10 nor more than $500 be ordered. In addition, the Borough shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this Part each day that a violation of this Part exists shall constitute a separate violation this Part.
4. Emissions.
A. Permit issued pursuant to this Part may be suspended as the rough Manager, Police Chief or Codes Enforcement Office may determine to be necessary to protect the public health, safety and welfare of the residents of the Borough Blossburg, if any of the following conditions occur:
(1) The emissions from the outdoor furnace interfere with the reasonable enjoyment of life, safety or property.
(2) The emissions from the outdoor furnace cause damage to vegetation or property.
(3) The emissions from the outdoor furnace are unreasonably malodorous.
5. Reinstatement of Permit. A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this Part subject to the penalties provided herein.
(Ord. 417, 3/10/2008, §9)