(A) The emission in unreasonable quantity and volume of smoke, noxious fumes, gas and soot, cinders or other particulate from solid fuel fired heating devices is hereby declared to be a public nuisance and a violation of this section.
(B) The emissions from solid fuel fired heating devices is unreasonable if found to be in volume, quantity, and quality violative of MPCA and/or UL guidelines. The written complaint of five residents describing the situation and circumstances thought to be violative of this section received by city enforcement authority within any ten-day period shall constitute prima facia evidence of the violation of this section.
(C) The use as fuels or the disposition thereof in any fuel-fired heating device of pressed wood projects and other non-wood products, petroleum, kerosene and gasoline products, garbage, painted or treated wood, grass, leaves, oils, railroad ties, construction and demolition debris, tar paper is strictly prohibited and the use thereof violative of these regulations.
(D) A solid fuel heating devise shall have a chimney or stack that extends minimally 15 feet above the average elevation of the ground surface on the lot or parcel of land whereon such heating device is maintained. The height thereof, the foregoing prescribed height not withstanding, shall extend at least three feet above the highest roof elevation of structures on adjoining properties. Chimneys and stacks shall be of masonry or insulated metal, having a minimum six-inch flue, and shall be secured to withstand high winds and other prevailing environmental conditions.
(E) Violation of any provision of this section is deemed a misdemeanor and upon conviction thereof punishable as provided by the laws of the State of Minnesota. The City Enforcement Officer may, in the discretion of such officer, charge violations as petty misdemeanors, which likewise are punishable as provided by the laws of the State of Minnesota
(Ord. 444, passed 6-23-08)