(A) If through the course of a proper investigation by local authorities an outdoor hydronic heater is creating a verifiable nuisance as defined by this chapter or state law, the following steps may be taken by the owner and/or the LaPorte County Health Department or any other department having jurisdiction:
(1) Modifications made to the unit to eliminate the nuisance, such as extending the chimney or relocating the outdoor hydronic heater, or both; and/or
(2) Issue a cease-and-desist order to the owner that such unit shall not be operated until reasonable steps can be taken to ensure that the outdoor hydronic heater will not be a nuisance.
(B) The LaPorte County Health Department and the Office of the Building Inspector will mutually have joint responsibility regarding the enforcement of any of the provisions of this chapter, including assurance that:
(1) Documentation is available to verify the date of installation of an outdoor hydronic heater;
(2) Such heater complies with all applicable laws;
(3) Such heater does not create a public health nuisance as defined by burning emissions requirements as adopted by this chapter;
(4) Such heater is installed in compliance with any other LaPorte County Building Codes as the same may apply;
(5) Such heater is installed and operated in compliance with the manufacturer's specifications; and
(6) Such heater uses only dry seasoned wood or other materials as prescribed by the manufacturer. No other materials may be burned.
(C) The following fine schedule is adopted:
(1) Failure to obtain permit for new unit - $250 plus cost of permit.
(2) Failure to register existing unit - $150 plus cost of permit.
(3) Failure to add chimney extension -$500.
(4) Operation not in compliance with this chapter - $750.
(5) Failure to pay fine within 30 days of issue of citation will be subject to a civil action under division (D) below.
(D) 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 $2,500 per day, per violation, as well as attorney fees if a civil action is necessary to enforce the compliance or to maintain an action regarding the payment of a nuisance because of noncompliance with this chapter.
(Ord. 2007-10-B, passed 8-7-07)