(A) All persons who burn bituminous coal, fuel oil, wood, or any combustible material used as fuel in fireplaces or wood or coal stoves as the primary heat source for residential heating purposes within the city shall do so in such a manner as to produce or emit from any stack, chimney or in any manner a minimum amount of smoke, soot or obnoxious odors as to not cause a nuisance.
(B) Upon complaint of any citizen(s) living within the vicinity of such stack, chimney or place of burning such fuel, and who believes such burning to be a nuisance, the City Manager shall cause an investigation to be made by proper agencies of the city, and if such complaint is found true, shall advise the property owner that he or she does not comply with the terms of this section, and give such person a reasonable time within which he or she can comply with the terms of this section.
(C) If the violation is determined to be an immediate threat to the health and safety of the citizens within the vicinity, immediate action shall be taken to stop burning until such violation can be resolved.
(D) Any person having been notified as hereinabove provided, and has not complied with such section, shall be subject to the penalty provided in § 101.99.
(E) NUISANCE means the emission into the atmosphere of smoke generated from residential heating purposes which disturbs the comfort, health or convenience of persons in the vicinity.
(F) This excludes fireplaces and wood or coal burning stoves.
(Ord. 1564, passed 3-10-08) Penalty, see § 101.99