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:
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.
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.
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.
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.
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.
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.
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.
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.
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.