[Ord. 2014-16, 12/15/2014]
The purpose of Chapter 10, Part 2, is to preserve and protect private and public property from the damaging effects of uncultivated gardens, tall grasses, unabated weeds, and the spread of certain invasive, non-native plantings such as bamboo; to protect indigenous plant materials from the invasive spread of non-native plantings such as bamboo; and to maintain the general welfare of residents of Doylestown Borough.
[Ord. 2014-16, 12/15/2014]
For purposes of this chapter, the following definitions shall
apply:
Any monopodial (running) tropical or semi-tropical grasses
from the genera Phyllostachys or Pseudosasa, including, but not limited
to, Phyllostachys aureosulcata — Yellow Groove bamboo. In addition,
this definition includes common bamboo, golden bamboo and arrow bamboo.
Any owner/occupant who has planted and/or grows bamboo on
his or her property; who maintains bamboo on his or her property;
or who permits bamboo to grow or remain on his or her property, even
if the bamboo has spread from an adjoining property.
Any individual, corporation, partnership, joint venture,
unincorporated association, municipal corporation or agency, other
group acting as a unit, or combination thereof.
Any person owning or occupying any premises within Doylestown
Borough. For purposes of this chapter, owner/occupant responsibilities
shall apply to the owner in the case of vacant premises or premises
occupied by the owner, or to the occupant of the premises in case
of premises occupied by other than the owner.
[Ord. 2014-16, 12/15/2014]
1.Â
Owner/occupants shall not permit any grass, or weeds, or any vegetation
whatsoever not edible or planted for some ornamental purpose to grow
or remain upon such premises so as to exceed a height of eight inches
or to throw off any unpleasant or noxious odor or to conceal any filthy
deposit or to create or produce pollen. Any grass, weeds or other
vegetation growing upon any premises in the Borough in violation of
any the provisions of this section is hereby declared to be a nuisance
and detrimental to the health, safety, cleanliness and comfort of
the inhabitants of the Borough. Uncultivated gardens shall be treated
the same as weeds and tall grasses.
2.Â
The planting or growing of bamboo shall be prohibited within the
Borough, unless:
A.Â
The root system of such bamboo plant is entirely contained within
a planter, barrier, or other vessel, located entirely above ground
level, and of such design, material, and location as to entirely prevent
the spread/growth of the bamboo's root system beyond the container
in which it is planted; or
B.Â
The root system is contained within a barrier, constructed in accordance
with the following specifications, and only after a permit is issued
by the Borough:
(1)Â
The barrier shall be composed of high-density polypropylene
or polyethylene, 40 mil or heavier, or equivalent;
(2)Â
Portions or sheets of the barrier shall be secured or joined
together by the use of stainless steel clamps or stainless steel closure
strips designed for such barriers;
(3)Â
The entire perimeter of the barrier shall be more than 30 inches
below ground level and more than three inches above ground level;
and
(4)Â
When installed, the barrier shall slant outward from the bottom
to the top.
3.Â
Any person who hereafter plants or grows, or causes to be planted or grown, bamboo within the Borough, except as under the conditions set forth in Subsections 1 and 2 above, shall be deemed to be in violation of this chapter, and shall be subject to such penalties as are set forth herein. For purposes of this chapter, bamboo found growing upon a property shall constitute presumptive evidence that the bamboo was planted and/or grown by and/or with the consent of the bamboo owner.
4.Â
Property Lines and Removal of Bamboo.
A.Â
Bamboo shall not be planted, maintained, or otherwise be permitted
to exist within 40 feet of the edge of the pavement or traveled portion
of any public roadway in the Borough. Any bamboo owner whose property
contains bamboo shall remove and abate the growth of the bamboo within
40 feet of the edge of the pavement or traveled portion of a public
road in the Borough.
B.Â
Whether planted or growing in a container or contained within a barrier,
all bamboo plants shall be located, trimmed, and maintained so that
no part of the plant (including stalks, branches, leaves, and/or roots)
shall extend nearer than 10 feet to any property line.
C.Â
When removing and destroying bamboo, all rhizome (underground plant
stem capable of producing the shoot and root systems of a new plant)
disposal must be by incineration only. No composting or trash disposal
of rhizomes shall be allowed.
5.Â
Other Noxious Weeds. In accordance with Pennsylvania's Noxious Weed
Control Law (3 P.S. § 255), no owner/occupant shall sell,
transport, plant, or otherwise propagate a noxious weed, as identified
in the Noxious Weed Control List (7 Pa. Code § 110.1), except
as permitted by the Pennsylvania Secretary of Agriculture for specific
horticultural or experimental use.
[Ord. 2014-16, 12/15/2014]
1.Â
The owner/occupant shall remove, trim or cut all grass, weeds, bamboo,
or other vegetation growing or remaining upon such premises in violation
of the provisions of § 203 of this chapter.
2.Â
The owner/occupant shall be responsible for the cost of removal and/or
abatement of bamboo that has encroached upon an adjoining property
in violation of this chapter.
3.Â
Preexisting Bamboo.
A.Â
Any bamboo that has been planted or otherwise permitted to grow on any property within the Borough prior to the effective date of this Part 2 may remain on such property, subject to compliance with § 203 of this Chapter.
B.Â
Each bamboo owner shall be responsible to ensure that the bamboo planted or growing on the property prior to the effective date of this Part 2 does not encroach or grow upon any adjoining or neighboring property, including all public property and rights-of-way. Such bamboo owners shall be required to take such measures as are reasonably expected to prevent such invasion or encroachment, including, but not limited to, the installation of a barrier to sufficient depth as outlined in § 203, Subsection 2B, within the property line or lines where the bamboo is planted or is growing to prevent the growth or encroachment upon adjoining or neighboring property by the bamboo.
C.Â
Replanting prohibited. Any bamboo existing on a property prior to the effective date of this Part 2 may not be replanted or replaced in kind once such bamboo is or has become, for any reason, dead, destroyed, uprooted, or otherwise removed, except in compliance with the provisions of this chapter.
[Ord. 2014-16, 12/15/2014]
1.Â
Encroachment. In the event that bamboo growing on a bamboo owner's
property invades or grows onto Borough property, including, but not
limited to, rights-of-way, the Borough shall notify the bamboo owner,
in writing, that bamboo has invaded the Borough property and that
the bamboo owner is responsible for the removal of such bamboo from
the Borough property. This encroachment notice shall be sent by certified
mail, return receipt requested, and by regular mail to the last known
address of the bamboo owner, and a copy of the notice shall also be
posted in a conspicuous location on the bamboo owner's property.
2.Â
In case any person, firm or corporation shall neglect, fail or refuse
to comply with such encroachment notice within the period of time
stated therein, the Borough may order the removal, trimming or cutting
of such grass, weeds or vegetation, and the cost thereof, together
with a penalty of 10% of the cost thereof, shall be collected by the
Borough from such person, firm or corporation, in the manner provided
by law. Such costs may be assessed against the property of the bamboo
owner and, in the event that the costs remain unpaid more than 30
days after the demand of payment has been made by the Borough on the
bamboo owner, the Borough may lien the property of the bamboo owner
for these costs, plus interest, fees, and expenses, as allowed by
law.
3.Â
In the event that the Borough is compelled to undertake the removal
of bamboo, as provided for above, neither the Borough nor its employees,
contractors, or agents shall have any liability to the bamboo owner
for any damages or other claims arising out of the removal of such
bamboo. In the event such removal entails or causes damages to the
property of any other person or entity other than the bamboo owner,
the bamboo owner shall be responsible for such damages.
[Ord. 2014-16, 12/15/2014]
1.Â
In the event that there is any grass, weeds, bamboo, or other vegetation
growing or remaining upon such premises in violation of the provisions
of § 203 of this chapter, the Borough shall notify the owner/occupant,
in writing, of the existence of such violation. Notice of violation
shall be served by handing it directly to the owner/occupant; sent
by certified mail, return receipt requested, and by regular mail to
the last known address of the owner/occupant. Whenever, in the judgment
of the Borough, it shall appear to be impracticable to give notice
as above provided, either because the owner or occupant cannot readily
be found or because a search for the owner or occupant would entail
unreasonable delay, the Borough or any officer or employee of the
Borough designated thereby for that purpose may give notice by posting
conspicuously on the property where such nuisance exists a notice
or order directing and requiring that such nuisance be abated within
five days.
2.Â
Any owner/occupant receiving a notice of violation shall bring his
or her property into compliance with this chapter within five calendar
days of the owner/occupant's receipt of said notice. In addition,
where an owner/occupant does not, within five calendar days, remedy
and correct (or make arrangements to remedy or correct) the violations
set forth in any notice of violation issued to him or her, the Borough
may:
A.Â
Cut any grasses; and/or
B.Â
Remove any weed, bamboo, or other vegetation that is in violation
of this chapter and located upon the owner/occupant's property and/or
that has spread to an adjoining property, taking all reasonable action
to eradicate its re-growth; and/or
C.Â
Restore any real property to its natural condition prior to such
removal and eradication.
3.Â
Any costs incurred by the Borough in remedying any violation of this
Part 2 shall be at the expense of the owner/occupant, and in the event
that the costs remain unpaid more than 30 days after the demand of
payment has been made by the Borough on the owner/occupant, the Borough
may lien the property of the owner/occupant for these costs, plus
interest, fees (including attorney's fees), and expenses, as allowed
by law.
4.Â
In the event that the Borough is compelled to undertake remediation
of any violation, as provided for above, neither the Borough nor its
employees, contractors, or agents shall have any liability to the
owner/occupant for any damages or other claims arising out of the
remediation. In the event such remediation entails or causes damages
to the property of any other person or entity other than the owner/occupant,
the owner/occupant shall be responsible for such damages.
[Ord. 2014-16, 12/15/2014]
1.Â
Any person who violates any of the provisions of this chapter shall,
upon conviction in a summary proceeding before any District Justice
of Bucks County, be punishable by a fine of not more than $300 and
costs of prosecution for each and every offense or, upon default in
payment of the fine and costs not caused by indigence or lack of sufficient
assets, by imprisonment in the Bucks County prison for a period not
to exceed 90 days. Each day that such violation is continued shall
constitute a new and separate offense, punishable by like fine, penalty
or imprisonment.
2.Â
In addition, the Borough Council may institute suits, in equity or
at law, to restrain, prevent, or abate a violation of this chapter.
Such proceedings may be initiated before any court of competent jurisdiction.
The expense of such proceedings shall be recoverable from the violator
in any manner as may now or hereafter be provided by law.
