[HISTORY: Adopted by the Board of Trustees of the Village of Northport 12-3-2013 by L.L. No. 2-2013. Amendments noted where applicable.]
Property maintenance — See Ch. 223.
The purpose of this chapter is to preserve and protect private and public property from the damaging spread of certain running bamboo grasses, protect indigenous plant materials from the invasive spread of running bamboo and maintain the general welfare of the residents of the Village of Northport.
As used in this chapter, the following terms shall have the meanings indicated:
- BAMBOO OWNER
- Any property owner or resident who has planted and/or grows bamboo, or who maintains bamboo on the property, or who permits bamboo to grow or remain on the property even if the bamboo has spread from an adjoining property. Any property owner or resident at whose property bamboo is found will be considered a bamboo owner, except any property owner or resident who:
- A. Did not plant or grow or cause bamboo to be planted or grown on his property; and
- B. Has provided satisfactory proof to the Village of Northport that, within a reasonable period of time after discovering the encroachment of bamboo onto the property from an adjoining or neighboring property, advised the owner of such property of an objection to the encroachment of the bamboo; and
- C. Has initiated steps for the removal of the bamboo from the property, including remedies at law.
In the event bamboo is found to have encroached, spread, invaded or intruded upon any other property or right-of-way, said species shall be presumed to be classified as "running bamboo." This presumption shall be rebuttable.
For the 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.
Upon the effective date of this provision the planting of running bamboo shall be prohibited within the Village of Northport. Any person who thereafter plants or causes to be planted any such running bamboo within the Village of Northport shall be deemed to be in violation of this Section and shall be subject to such penalties as are set forth hereunder.
In the event any species of bamboo is located upon any property within the Village of Northport, the owner or occupant of said property shall confine such species to prevent the encroachment, spread, invasion or intrusion of same within 20 feet of any other property or right-of-way.
Any bamboo that has been planted or otherwise permitted to grow on any property within the Village of Northport prior to the effective date of this section may remain on such property subject to compliance with this section.
Bamboo shall not be planted, maintained or otherwise be permitted to exist within 20 feet of the edge of the pavement or traveled portion of any public roadway in the Village of Northport;
Any bamboo owner whose property contains bamboo shall remove and abate the growth of the bamboo within 20 feet of an adjoining property and within 20 feet of the edge of the pavement or traveled portion of a public or private road in the Village of Northport;
Each bamboo owner shall be responsible to ensure that the bamboo planted or growing on their property prior to the effective date of this section does not encroach or grow within 20 feet of any adjoining or neighboring property or properties, including all public property and Village of Northport rights-of-way;
Each bamboo owner shall be required to take such measures as are reasonably expected to prevent such bamboo from invading or growing onto adjoining or neighboring properties. Such measures shall include, but not be limited to, installation of sheathing impenetrable by bamboo at a sufficient depth, which shall be at a depth of a minimum of three feet, within the property line or lines where the running bamboo is planted or is growing to prevent the growth or encroachment upon adjoining or neighboring property by the bamboo; and
The Board of Trustees may from time to time prescribe such rules and regulations as may be necessary to give effect to this section.
Notice. In the event that bamboo growing on a bamboo owner's property invades or grows on an adjoining or neighboring property that is owned or held on behalf of the Village of Northport, the Village Administrator or his designee on behalf of the Village of Northport shall notify the bamboo owner in writing that the bamboo has invaded Village of Northport property and that the bamboo owner is responsible for the removal of such bamboo from the Village of Northport property within 30 days. Such period may be extended for good cause shown, as long as it can be demonstrated that remedial measures have been started and the delay is not under the control of or due to the actions of the person to whom the notice has been issued. The bamboo owner shall be liable and responsible to the Village of Northport for all costs incurred in removing the bamboo from the Village of Northport property. Such costs may be assessed against the property of the bamboo owner.
Service of the notice. The notice shall be served either personally in accordance with the CPLR or by registered or certified mail, return receipt requested, and addressed to the property owner at the last address shown on the most current assessment roll or property tax bill, or to the owner's agent at the last known address, or to the occupant of the property, or person having a vested or contingent interest in the property as shown on the most current assessment roll and/or property tax bill. A copy of the notice shall also be posted at and mailed to the bamboo owner's property.
Action upon noncompliance. Upon the failure, neglect or refusal of such owner, agent, or person or business entity occupying the premises to remove, remedy or abate the bamboo nuisance within the specified period of time; or if the mailing is returned by the post office because of the inability to make delivery for any reason, as long as the notice was properly addressed, the Village Administrator or his designee may take enforcement action as authorized by the Village Code and as may otherwise authorized by applicable law.
The Board of Trustees may direct the bamboo owner whose property has caused the bamboo nuisance to remove, remedy or abate the bamboo nuisance within 30 days of mailing of the notice as set forth in Subsection B above, and upon the failure, neglect or refusal of such person or business entity to comply with the decision of the Board of Trustees, the Village Administrator or his designee may direct Village personnel, or an outside contractor authorized by the Board of Trustees, to remove, remedy or abate the nuisance, by whatever means deemed necessary or proper by the Village, at the expense of the property owner, or his agent and/or the occupier of land.
Removal of the nuisance. Upon the failure, neglect or refusal of the owner, his agent, or person, or business entity occupying the premises to remove, remedy or abate such nuisance within the period provided by the Board of Trustees, or if the mailing is returned by the Post Office because of the inability to make delivery for any reason, as long as the notice was properly addressed, Village personnel or an outside contractor authorized by the Board of Trustees may enter the property and take all necessary action to remove or abate the nuisance at the expense of the property owner, his agent, or occupier of the land as set forth in this chapter.
Any person or business entity who resists, obstructs or impedes the agents, servants, officers and/or employees of the Village of Northport in the remediation or removal process shall be in violation of this chapter and shall be subject to the fines and penalties provided herein.
Liability for the costs of removal and/or abatement. The property owner, or his agent, and/or person or business entity who occupies the land shall be liable for the direct and indirect costs of abating the nuisance and all expenses incidental thereto, including but not limited to, an administrative fee equal to 25% of the total cost of said removal, remediation and/or disposal process. Said administrative fee is intended to reimburse the Village for the monies and time expended by its employees and attorney(s) in abating the nuisance and collecting the sums due, including but not limited to, notifying the appropriate party, certifying the amounts due to the Village, and/or charging same against the property. The costs incurred by the Village as set forth herein shall be certified by the Village Administrator who shall mail written notice of such costs by certified or registered mail, return receipt requested, to the owner of the premises at the last address shown on the most current assessment role on file in the assessment and property tax records, or to the owner's agent at the last known address, and/or to the occupier of the premises at the location of the property. Said notice shall further state that upon the failure of the property owner, his agent, and/or occupier to pay such sums within 10 days of receipt of such written notice by cash, certified or bank check, or money order, shall be sufficient cause to add the amount due to the property tax bill without further notice.
Recovery of costs and tax lien. In the event the property owner, his agent and/or the occupier of the land fails, refuses and/or neglects to pay the monies due and owing to the Village within said ten-day period, or if the mailing is returned by the post office because of the inability to make delivery for any reason, as long as the notice was properly addressed, such certification of costs shall be provided to the Village Clerk who shall cause the costs as shown thereon to be charged against such lands without further notice. The amount so charged shall forthwith become a lien against such lands and shall be added to and become part of the taxes next to be assessed and levied upon such lands, the same to 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.
Any bamboo either planted or caused to be planted or existing on a property prior to the effective date of this chapter may not be replanted or replaced in kind once such running bamboo is or has become, for any reason, dead, destroyed, uprooted or otherwise removed.
Any person or corporation violating any provisions of §§ 98-6, 98-7 and 98-8 prohibiting the maintaining, growing or failure to remove running bamboo in violation of these regulations shall be deemed guilty of a violation and, upon conviction, punished by a fine of $250 to $500. A violation may be charged no more than once per calendar month.
The penalty provisions of this section shall not take effect for a three-month period following the date this chapter is filed in the Office of the Secretary of State of the State of New York.