(a) If a new or existing outdoor wood burning stove is determined to be a public nuisance upon proper investigation by the Water/Street/Maintenance Superintendent, Paden City Fire Chief or other authorized official, the City shall have the authority to require the property owner to take any and all reasonable and necessary steps to abate, mitigate and/or alleviate the nuisance, including but not limited to the following:
(1) Modifications to the unit to eliminate the nuisance such as extending the chimney, relocating the outdoor wood burning stove/furnace or both.
(2) Cease and desist operating the unit until reasonable steps can be taken to ensure that the outdoor wood burning stove/furnace will not constitute a nuisance or be hazardous to the health, safety and welfare of the public.
(b) Compliances with this article may be compelled and violations restrained by order or by injunctive relief from a court of competent jurisdiction. In the event the City is required to take legal action to enforce this article or to enjoin any activities prohibited hereunder, the violator shall be held liable for any and all necessary costs relative thereto, including attorney fees.
(Ord. 2009-1. Passed 3-2-09.)