WHEREAS, The Town desires to curb the spread of invasive plants
commonly known as "bamboo" within the Town:
This chapter is adopted to control the planting, cultivating
or growing of any evergreen perennial flowering plant in the subfamily
Bambusoideae of the grass family Poaceae commonly referred to as "bamboo"
in the Town of West New York; and to require barriers to prevent the
spread of existing bamboo into other areas of the Town.
Subject to certain exemptions set forth in this chapter, no
persons, or other property owners or others in possession or control
of real property shall plant, cultivate or cause to grow bamboo on
any lot or parcel of land within the Town of West New York, subject
to the following exceptions:
A. Where the root system of such bamboo plants is entirely contained
within an above-ground-level planter, barrel, or other vessel of such
design, material and location so as to entirely prevent the spread
or growth of the bamboo plants' root system beyond the container
in which it is planted.
B. All bamboo plants shall be located, trimmed and maintained so that
no part of the plant shall be closer than 10 feet to any property
line or right-of-way.
This chapter shall not apply to any landowner or possessor who,
prior to the effective date of this chapter, has planted or caused
to grow bamboo on any property within the Town limits unless the Code
Enforcement Officer determines 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, tenant, or any possessor
of said land.
Whenever a complaint is received by the Town regarding the encroachment
of any bamboo plant or root, or whenever the Town determines that
there is an encroachment of bamboo plants or roots onto the property
of another, the Town, through its delegated official, shall forward
a notice of violation to the alleged offending person, property owner,
tenant in possession of the property, or other in possession of such
property (hereinafter the "responsible party"), which notice shall
be substantially as follows:
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 served 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.
B. The notice shall specify the nature of the violation.
C. The notice shall state that the violation must be cured within 30
days from the date of the received or returned mailing.
D. The notice shall state specifically what must be done by the responsible
party to correct the violation.