[Adopted 11-20-2018 by Ord. No. 18-16]
In addition to the foregoing, the Governing Body of the City
of Englewood does hereby find and determine that it is necessary and
proper to control the planting, cultivating and/or growing of invasive
plants including but not limited to bamboo in the City of Englewood
and to require barriers to prevent the spread of existing invasive
plants, including but not limited to bamboo into other areas of the
City.
Subject to certain exemptions set forth in this article, no
persons, residents, citizens, property owners, tenants or other entities
shall plant, cultivate or cause to grow any invasive plants, including
but not limited to bamboo upon any lot and/or parcel of ground anywhere
within the territorial boundaries of the City of Englewood.
The following shall be exempt from the requirements of this
article:
A.
Any invasive plant, including but not limited to bamboo plants where
the root system of such plants is entirely contained within an above-ground-level
planter, barrel, or other vessel of such design, material and location
as to entirely prevent the spread of growth of the plant's root
system beyond the container in which it is planted. Whether planted
or growing in a container as described herein, all plants shall be
located, trimmed and maintained so that no part of the plant shall
be closer than 10 feet from any property line or public right-of-way.
Whenever a complaint is received by the City regarding the encroachment
of any invasive plant, including but not limited to bamboo plants
or roots, or whenever the City, on its own observations and inspections,
determines that there is an encroachment of such plants or roots onto
the property of another landowner, the City shall cause notice to
be served on the owner of the offending property, according to the
following procedure:
A.
The notice shall specify the nature of the violation(s).
B.
The notice shall state specifically what must be done by the responsible
party to correct the violation(s).
C.
The notice shall state that the violation(s) must be corrected within
30 calendar days from the date of the notice is received.
D.
If the violation is not remedied within the time frame set forth
in the aforesaid notice, the City is hereby authorized and empowered
to remove or to have removed any encroaching plant and to take all
reasonable steps to eradicate the regrowth of the invasive plant on
the public right-of-way, including sidewalks, and to restore such
land to its normal condition, prior to such removal and eradication.
E.
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 on the fifth
calendar day after mailing by the City.
A.
Any person or entity determined by a court of competent jurisdiction
to have violated any provision of this article shall be subject to
pay a fine of $500. Each day of a continuing violation shall constitute
a separate offense for which an additional fine may be levied.
B.
In addition to any penalty imposed as set forth above, the cost of
any action taken by the City to remove and/or eradicate any prohibited
invasive plants, bamboo, together with legal fees and other costs
incurred by the City shall be recoverable from the responsible party.
