[HISTORY: Adopted by the Borough Council of the Borough of
Media 10-16-2014 by Ord. No. 1112. Amendments noted where applicable.]
This chapter is adopted to control the planting, growing or
cultivating of bamboo in the Borough of Media, and to require barriers
to prevent the spread of existing bamboo into other areas of the Borough.
Any bamboo planted or maintained in violation of the requirements
of this chapter is hereby declared to be detrimental to the health,
safety and comfort of the inhabitants of said Borough and to be a
nuisance after the lapse of the time fixed for its removal.
As used in this chapter, the following terms shall have the
following meanings:
Any monopodial (running) tropical or semitropical grasses
from the genera Bambusa including, but not limited to, Bambusa, Phyllostachys,
and Pseudosasa as well as Common Bamboo, Golden Bamboo and Arrow Bamboo.
No persons, property owners or tenants shall plant, cause to
grow or cultivate any bamboo on any lot or parcel of ground located
in the boundaries of Media Borough.
This chapter shall not apply to any landowner or possessor who,
prior to the effective date of this chapter, had planted or caused
to grow any bamboo on any property within the Borough boundaries unless,
upon determination of the Code Enforcement Officer, that any portion
of such bamboo has been allowed to grow upon or its roots, branches
and/or stalks have extended onto or over any public way or within
15 feet of another's private property.
Whenever a complaint is received by the Borough regarding the
encroachment of any bamboo plant or root, or whenever the Borough
on its own observations and inspections determines that there is any
encroachment of bamboo plants or roots onto the property of another,
public street or sidewalk, the Borough shall give notice to the landowner
or tenant in possession of the property to remove the offending bamboo
or root system.
A.
The notice shall be mailed by certified mail, return receipt requested,
properly addressed and with sufficient postage and the notice shall
be posted on the offending property in a conspicuous place. Notice
by certified mail shall be deemed complete on the date of personal
delivery or the date the certified mail is marked "refused," "unclaimed"
or otherwise undeliverable by the United States Postal Service.
B.
The notice shall specify the nature of the violation.
C.
The notice shall state that the violation must be corrected within
30 days from the date of mailing or posting the property, whichever
is later.
D.
The notice shall state specifically what must be done by the responsible
party to correct the violation and come in compliance with this chapter.
E.
The notice may state that failure to comply within 30 days will result
in the removal of the offending bamboo or root system by the Borough
and the billing of the responsible party; or, in the alternative,
a citation will be issued daily until such time as the offending bamboo
or root system is removed.
Any property owner or possessor of a property determined by
any court of competent jurisdiction to have violated this chapter
shall be subject to pay a fine of not less than $25 per day, nor greater
than $100 per day that the violation persists; also the responsible
party will be required to pay court costs, legal fees and any other
fees incurred by the Borough to enforce this chapter against the party.
Each day of a continuing violation shall constitute a separate offense,
for which a fine shall be levied.
