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Courier-Gazette Digital Edition

Newark officials add laws
By John Zornow

At the September 21 Newark Village Board meeting, two ordinances were passed: Open/Outdoor Burning, and Nuisance Abatement.

The outdoor burning section, while not prohibiting the use of an outdoor fire for cooking, does dictate the container and fuel that can be used for the outdoor fire.

Open Burning:

A. No person, firm or corporation shall burn any wood, brush, trash papers, rubbish or garbage out of doors anywhere in the village.

B. A cooking fire shall be in a container or device designed for said purpose and shall be limited to propane gas, natural gas, or charcoal for fuel. The container shall be of such design as to contain flames and sparks. Said cooking fire shall be supervised and shall not permit smoke or odors that may be detectable across two real property lines.

Penalties: First offense, $25; second offense within calendar year, $50; and $100 for each subsequent offense in the same calendar year.

Enforcement: Appearance tickets to Newark Village Court.

The Nuisance Abatement Law is designed to lower the number of slums and slum landlords in Newark, and is based on a Rochester law that assigns points for a code violation.

If a property is assigned 12 points in a six-month period or 18 in a year, the certificate of occupancy could be revoked.

Three categories of violations are assigned point values.

Six Points: Controlled substances, marijuana, gambling, prostitution, possession of stolen property, alcoholic beverage control law, firearms and other dangerous weapons unlawfully dealing with a child, sexual performance by a child, vehicle dismantles, falsifying business records, forgery or and illegal possession of a vehicle i.d. number, welfare fraud, criminal diversion of prescription medications, food stamp fraud.

Three Points: Adult entertainment, alarms, alcoholic beverages, animals, building construction and fire prevention, unsafe buildings, electrical standards, littering, noise, property maintenance, secondhand dealers, streets and sidewalks, zoning.

Enforcement: The village board shall be empowered after notice and opportunity for a hearing, to order the closing of a building, structure to the extent necessary to abate the nuisance; to suspend a certificate of occupancy, or an occupational license or permit issued by the village.

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