[Adopted 9-14-2017 by Ord. No. 2017-11]
This article is adopted to control the planting, cultivation, and/or growing of bamboo in the Borough and to require barriers to prevent the spread of existing bamboo into other areas of the Borough.
Subject to certain exemptions set forth in this article, no persons, residents, citizens, property owners and/or tenants of the Borough shall plant, cultivate, or cause to grow any bamboo on any lot and/or parcel of ground anywhere within the geographic boundaries of the Borough, except as follows:
A. 
Where the root system of such bamboo plants is entirely contained within a planter, barrel, concrete container, or other vessel with a solid bottom of such design, material and location as to entirely prevent the spread of growth of the bamboo plants' root system beyond the container beyond which it is planted; and
B. 
All bamboo plants planted, cultivated, or caused to grow in accordance with Subsection A above shall be located, trimmed and maintained so that no part of the plant shall be closer than 10 feet from any property line.
This article shall not apply to any landowner or possessor of said land who, prior to the effective date of this article, has planted or caused to grow any bamboo on any property within the boundaries of the Borough, unless the Code Enforcement Officer determines on his/her own, or upon complaint from any abutting or nearby property owner, that any portion of such bamboo has been allowed to grow upon, extend roots across, or extend branches, stalks or leaves over any public way or any private property not owned by or in the possession of such landowner or any possessor of said land. If such occurs, the provisions of § 155-13 shall apply.
Whenever a complaint is received by the Borough regarding the encroachment of any bamboo plant or root, or whenever the Borough, based upon its observation and inspection, determines that there is an encroachment of bamboo plants or roots onto the property of another landowner or tenant in possession of the property, or both, the Borough shall cause notice to be served and the following actions occur:
A. 
The notice shall be mailed by certified mail, return receipt requested, properly addressed and with sufficient postage, and also by first-class mail. Notice by certified mail shall be deemed complete on the date of personal delivery or the date the certified mail is marked refused or unclaimed or otherwise undeliverable by the United States Post Office. First-class mail shall be deemed delivered within five calendar days of its being mailed by the Borough.
B. 
The notice shall specify the nature of the violation(s).
C. 
The notice shall state that the violation(s) must be corrected within 20 calendar days from the date of the received or returned mailing.
D. 
The notice shall state specifically the actions that must be taken by the responsible party to correct the violation(s).
A. 
Any person determined by any court of competent jurisdiction to have violated this Ordinance shall be subject to pay a fine of not less than $25 per day, nor more than $100 per day, for each day the violation exists after the date determined for removal of the violation as set forth in the notice sent to violator and received by the violator as described in § 155-13 above. Each day of a continuing violation shall constitute a separate offense, for which an additional fine can be levied. The per-day fine will be in addition to a penalty up to the maximum penalty set by the statutes of the State of New Jersey for failure to comply with this article.
B. 
If the violation is not remedied within the time set forth in the notice set forth in § 155-13 above, the Borough is hereby authorized to remove or have removed any encroaching bamboo and to take all reasonable steps to eradicate the regrowth of the bamboo within the public rights-of-way, including sidewalks, or any private property not owned by or in the possession of the property owner or any possessor of the property where the violation has occurred, and to restore such property to its normal condition, prior to the removal and eradication of any encroaching bamboo.
C. 
The cost of the corrective action, together with any civil penalties, legal fees and other costs, shall be recoverable from the responsible party, the property owner or any possessor of the property where the violation has occurred.