[1988 Code § 113-1; amended 11-12-2020 by Ord. No. 12-2020]
A code defining and prohibiting certain matters, things, conditions
or acts, and each of them, as a nuisance; prohibiting certain noises
or sounds; requiring the proper heating of apartments; prohibiting
the lease or rental of certain buildings; prohibiting spitting in
or upon public buildings, conveyances or sidewalks; authorizing the
inspection of premises by an enforcing official; providing for the
removal or abatement of certain nuisances and recovery of expenses
incurred by the Board of Health in removing or abating such nuisances;
and prescribing penalties for violations is hereby established pursuant
to Chapter 188, Laws of 1950, N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy
of said code is annexed hereto and made a part hereof without the
inclusion of the text thereof herein.
[1988 Code § 113-2; amended 11-12-2020 by Ord. No. 12-2020]
The code established and adopted by this article is described
and commonly known as the "Public Health Nuisance Code of New Jersey
(1953)."
[1988 Code § 113-3; amended 11-12-2020 by Ord. No. 12-2020]
Three copies of said Public Health Nuisance Code of New Jersey
(1953) have been placed on file in the office of the Municipal Clerk
upon the introduction of this article and will remain on file there
for use and examination by the public.
[1988 Code § 113-4; amended 11-12-2020 by Ord. No. 12-2020]
[Added 11-12-2020 by Ord.
No. 12-2020]
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 Borough of Cape May
Point. The purposes of this article 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 Borough
of Cape May Point.
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 Borough of Cape May Point.
For the purposes of this article, "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 Borough of Cape May
Point, 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 Borough regarding an
encroachment of any bamboo plant or root, and the Code Enforcement
Officer of the Borough, 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 Borough 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
Borough, 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 Borough.
2.
If the bamboo property owner does not remediate the encroachment
in accordance with the plan of remediation proposed and accepted by
the Code Enforcement Officer of the Borough, the Code Enforcement
Officer 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 Borough of Cape May Point. The Administrative
Officer may request, and the Municipal Court may grant, a specific
performance remedy. The Borough may also institute civil proceedings
for injunctive or civil relief.
[Amended 6-10-2021 by Ord. No. 05-2021]
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 Borough of Cape
May Point, at its discretion, may remove or contract for the removal
of such bamboo from the Borough 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 Borough-owned property and/or public right-of-way
shall include the installation of an appropriate barrier to prevent
future bamboo invasion.
