[HISTORY: Adopted by the Township Council of the Township
of Verona 6-12-2023 by Ord. No. 2023-24. Amendments noted where applicable.]
The purpose of this section is to promote and protect the public
health and property through the control of the growth of invasive
plant species and trees.
As used in this section, the following terms shall have the
meanings indicated:
All native and nonnative vines and vegetation that grow out
of place and are competitive, persistent and pernicious, or trees
which are native or nonnative to this country or region of the country,
whose vines produce chemicals that prevent the growth of other plants
and serve as a primary food source to an invasive species of insects.
These plants and trees may damage other trees, vegetation or structures.
Examples include, but are not limited to:
All persons must control the growth of invasive plant species
and trees and keep them at least five feet from the boundaries of
their property line. Failure to control the spread of such vegetation
and trees beyond the five-foot buffer from boundaries of a resident's
property is a violation of this section.
All places and premises in the Township of Verona shall be subject
to inspection by the enforcing officer. For purposes of this section,
the enforcing officer shall be the Zoning Officer and Forrester. Such
inspections shall be performed by the Zoning Officer or the Zoning
Officer's designated municipal employee or Forrester. Such inspection
shall be made if the Zoning Officer or Forrester has reason to believe
that any subsection of this section is being violated, they receive
a report or other information, or they observed a violation in their
normal course of duties.
Whenever invasive plant species or trees are found on any plot
of land, lot or any other premises or place, and is found to lack
appropriate physical barriers to prevent the spread or growth of the
species, or is found to have spread beyond the five-foot buffer from
boundaries of a property, a violation, in writing, shall be given
by the inspector to the owner of the property from which the invasive
plant species or trees have spread, directing the owner to remove
or abate the same within such time as shall be specified therein.
The violation shall be served upon the property owner of record by
regular and certified mail or by personal service.
A.
In the event a property owner fails to correct a notice of violation
within the time specified in the notice of violation, the Township
may, but is not obligated to, thereafter enter upon the property and
remove or abate the invasive plant species or trees. The property
owner shall be responsible for all costs incurred by the Township
in correcting the violation and bringing the property into compliance.
The Township may also place a municipal lien against the property
for all costs incurred by the Township in bringing the property into
compliance. The amount of the lien shall be authorized by resolution
adopted by the Township Council, and shall be added to and become
a part of the taxes next to be assessed and levied upon the property,
shall bear interest at the same rate as taxes, and shall be collected
and enforced by the same officer and in the same manner as taxes.
Costs shall be in addition to any penalties imposed for any violation
of this section.
A.
Any person violating the provisions of this chapter shall be subject
to the violations and penalties set forth herein.
B.
Any person violating the provisions of this chapter shall, upon conviction,
be punishable by a fine of not more than $1,000 and/or community service
as determined by the Municipal Court. The continuation of such violation
for each successive day shall constitute a separate offense.
C.
In addition to the penalties set forth herein, any person who violates
the provisions of this section shall be liable for the cost of removal
of the invasive plant species or trees extending beyond the five-foot
buffer establish herein from the property line of their property,
as well as the repair and replacement of any property damaged by the
invasive plant or tree species.
All new in-ground plantings of invasive plant species or trees
are strictly prohibited. Property owners are encouraged to immediately
remove all existing plantings of invasive plant species or trees but,
if not removed, must contain all invasive plant species or trees by
appropriate physical barriers to prevent the growth or spread of existing
invasive plant or tree species beyond five-foot buffer established
herein from the boundaries of a resident's property.
