[HISTORY: Adopted by the Town Board of the Town of Horseheads 7-8-2020 by L.L. No. 2-2020. Amendments noted where applicable.]
A. 
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
MISCELLANEOUS REFUSE
Includes, but is not necessarily limited to, junk, trash, litter, debris, refuse, solid waste, hazardous waste, garbage, recyclable materials, salvage materials, construction materials, furniture, furnishings and household mechanisms or appliances, including, but not limited to, televisions, air conditioners, refrigerators, washers, dryers, stoves, inoperable lawn mowers and such other large and/or bulky items.
B. 
For any word, term or phrase for which no definition has been provided, reference is hereby made to other chapters of the Town Code of the Town of Horseheads and the Property Maintenance Code of the State of New York, as may be amended from time to time.
A. 
Privately owned lots. The owner, lessee, occupant, agent or other person in control of any lot located wholly or partially within the Town shall keep such lot free from the accumulation of miscellaneous refuse of any kind.
B. 
Public rights-of-way, streets, lots. Notwithstanding any other local law or ordinance, no person shall place, throw, or deposit, or cause to be placed, thrown, or deposited, any miscellaneous refuse or obstructions of any kind upon any street or any portion of a public right-of-way, or publicly owned lot, except as may otherwise be permitted for solid waste collection purposes.
C. 
Private duty over public rights-of-way. The owner, lessee, occupant, agent or other person in control of any real property parcel located wholly or partially within the Town shall keep that portion of any public right-of-way immediately abutting said parcel and lying between the property line of said parcel and the street or edge of pavement free from the accumulation of miscellaneous refuse or obstructions of any kind.
A. 
Notice to abate. Notice to remove or otherwise abate such miscellaneous refuse from a private lot or from an abutting public right-of-way, all as described in this chapter, may be made by mail, personal service, or by delivering such notice to a person of suitable age and discretion residing in any building located upon such lot or at the residence or principal place of business of the owner of said lot or, in the event of a vacant lot, by mailing the notice to the address and designee shown on the latest tax assessment roll of said parcel. Nothing herein shall be construed to require that the notice as described in this subsection actually be received by said owner, lessee or other person in control of such lot in order for the Town to effectuate the removal or abatement thereof and levy the costs therefor against the lot, or exercise any other legal right or privilege granted to the Town herein or elsewhere by law.
A. 
If any owner, lessee, occupant, agent or other person in control of any lot shall fail to remove or otherwise abate such miscellaneous refuse as described herein, within three days after notice thereof is served or within six days after notice thereof is served by mail by the Town as hereinafter provided, the Town may effect such removal or abatement of such miscellaneous refuse.
B. 
The actual cost of such removal and other additional costs in connection therewith, plus an administrative fee in the amount of $70, shall be certified by the Code Enforcement Officer as to the property on which such abatement was undertaken. If not paid by the owner, lessee, occupant, agent or other person in control of any such lot, such cost shall constitute a lien thereon until paid or otherwise satisfied or discharged and, if not so paid or otherwise satisfied or discharged, shall be added to and become and form part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
C. 
Nothing herein shall be construed as requiring notice to the owner, lessee, occupant, agent or other person in control of any such lot, if the miscellaneous refuse or obstruction as described in § 125-1 of this section, where it reasonably appears, in the opinion of the Code Enforcement Officer or his or her representative, the miscellaneous refuse or other obstruction is a clear and imminent danger to the health, safety or welfare of any person or animal, unless the miscellaneous refuse or obstruction is immediately abated.