[Adopted 12-10-2014 by Ord. No. 22-2014]
It is determined that certain types of the bamboo plant are
invasive and often difficult to control, and such bamboo can and has
caused significant damage to properties in the City of Linwood. The
purposes of this section are to preserve and protect private and public
property from the damaging spread of bamboo, to protect indigenous
and other plant materials from the invasive spread of bamboo, and
to maintain the general welfare of the residents of the City of Linwood.
A.
Prohibition.
No owner, tenant or occupant of a property, or person, corporation
or other entity, shall plant, install or cause or permit the planting
or installation of plant species commonly known as "running bamboo"
upon any property located within the City of Linwood. For the purposes
of this section, “running bamboo” means any bamboo in
the genus Phyllostachys, including Phyllostachys aureosulcata.
B.
Duty to
confine. In the event any species commonly known as "running bamboo'
is located upon any property within the City of Linwood, prior to
the effective date of this prohibition, the owner and occupant of
said property shall jointly and severally be required to confine such
species to prevent the encroachment, spread, invasion or intrusion
of same onto any other private or public property or public right-of-way.
In lieu of confining the species, the property owner or occupant may
elect to totally remove the bamboo from the property and all affected
properties. Failure to properly confine such bamboo shall require
removal as set forth below. The cost of said removal shall be at the
bamboo property owner's expense. This duty to confine shall not apply
if the property owner and/or occupant can establish to the satisfaction
of the Code Enforcement Officer that the bamboo which is on his/her
property at the time of the adoption of this article originated on
another property.
C.
Removal.
(1)
In the
event running bamboo is present on the effective date of this prohibition
and a complaint is received by the City regarding an encroachment
of any bamboo plant or root, and the Code Enforcement Officer of the
City, after observation and/or inspection, determines that there is
an encroachment or invasion on any adjoining/neighboring private or
public property or public right-of-way (hereinafter, "the affected
property"), the City shall serve notice to the bamboo property owner,
in writing, that the bamboo has invaded other private or public properties
or public rights-of-way and demand remediation of the encroachment
of the bamboo from the affected property, and demand approved confinement
against future encroachment. Notice shall be provided to the bamboo
property owner, as well as to the owner of the affected property,
by certified, return-receipt-requested mail and regular mail. Within
45 days of receipt of such notice, the bamboo property owner shall
submit to the Code Enforcement Officer of the City, with a copy to
the owner of the affected property, a plan for the remediation of
the encroachment of the bamboo from the affected property, which plan
shall include restoration of the affected property after remediation
of the encroachment. Within 120 days of receipt of the Code Enforcement
Officer's approval of the plan of remediation and restoration, the
remediation and restoration shall be completed to the satisfaction
of the Code Enforcement Officer of the City.
(2)
If the
bamboo property owner does not accomplish the remediation of the encroachment
from such other private or public property or public right-of-way
in accordance herewith, the Code Enforcement Officer of the City of
Linwood shall cause a citation to be issued, with a penalty up to
$100 for each day the violation continues, enforceable through the
Municipal Court of the City of Linwood. The Administrative Officer
may request, and the Municipal Court may grant, a specific performance
remedy. The City may also institute civil proceedings for injunctive
or civil relief.
(3)
Nothing
herein shall be interpreted as limiting the rights of a private property
owner to seek civil relief through a court of proper jurisdiction,
nor the institution of civil proceedings against the proper parties.
(4)
When
an encroachment is upon public property or a public right-of-way and
the bamboo property owner and/or occupant has not complied with the
written notice provided as set forth above, the City of Linwood, at
its discretion, may remove or contract for the removal of such bamboo
from the City property or public right-of-way. The cost of such removal
shall be the responsibility of the bamboo property owner and occupant
and shall be paid or assessed as a lien against the property on which
the bamboo growth originated. The cost of said removal from the City-owned
property and/or public right-of-way shall include the installation
of an appropriate barrier to prevent future bamboo invasion.
D.
Replanting
prohibited. Any running bamboo either planted or caused to be planted
or existing on the effective date of this regulation may not be replanted
or replaced once such bamboo is or has become dead, destroyed, uprooted,
or otherwise removed.
