Borough of Park Ridge, NJ Chapter 43 Bamboo

[HISTORY: Adopted by the Mayor and Council of the Borough of Park Ridge 6-28-2022 by Ord. No. 2022-010.[1] Amendments noted where applicable.]

[1] Editor's Note: Former Ch. 43, Architectural Review, adopted 6-10-1974 by Ord. No. 74-9, was repealed 11-12-1985 by Ord. No. 85-17.

§ 43-1 Purpose.

This chapter is adopted to control the planting, cultivating or growing of bamboo in the Borough of Park Ridge; and to require barriers to prevent the spread of existing bamboo into other areas of the Borough.

§ 43-2 Planting, growing or cultivating restricted.

Subject to certain exemptions set forth in this chapter, no persons, or other property owners or others in possession or control of real property or tenants shall plant, cultivate or cause to grow bamboo on any lot or parcel of land within the Borough of Park Ridge, subject to the following exceptions:

A. The root system of such bamboo plants is entirely contained within an aboveground level planter, barrel, or other vessel of such design, material and location so as to entirely prevent the spread or growth of the bamboo plant's root system beyond the container in which it is planted; and

B. Whether planted or growing in a container, as described herein, 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.

§ 43-3 Exemptions.

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 Borough 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.

§ 43-4 Duty to confine.

In the event any bamboo is located upon any property within the Borough of Park Ridge 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.

§ 43-5 Complaint notice; order for removal and compliance.

A. In the event any bamboo located upon any property within the Borough of Park Ridge, prior to the effective date of this prohibition, is found to have encroachment of bamboo plant or root, either by receipt of a complaint or as otherwise determined by the Code Enforcement Officer after observation and/or inspection, and the Code Enforcement Officer confirms 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 property(ies) or public right-of-way (rights-of-way) and demand the removal of the bamboo from the affected property and demand confinement in accord with § 43-4 of this chapter.

B. The Code Enforcement Officer shall provide notice to the bamboo property owner, as well as to the owner of the affected property(ies), by certified, return-receipt-requested mail and regular mail.

C. Within 30 days of receipt of such notice, the bamboo property owner shall submit to the Code Enforcement Officer a plan for the removal of the bamboo from the affected property, which plan shall include restoration of the affected property after removal of the bamboo; a copy of which shall be provided to the owner of the affected property.

D. Within 60 days of approval of the plan of removal and restoration, the removal and restoration shall be completed to the satisfaction of the Borough.

§ 43-6 Violations and penalties; removal costs; remedies.

A. Any violator determined by any court of competent jurisdiction to have violated this chapter 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 for cure as set forth in the notice. 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 for failure to comply with the Bamboo Ordinance. This fine can be up to $1,000.

B. If the violation is not remedied within the time set forth in the aforesaid notice, the Borough is hereby authorized, but not obligated, to remove or have removed any encroaching bamboo and to take all reasonable steps to eradicate the regrowth of the bamboo on the public rights-of-way, including sidewalks, and to restore such land to its normal condition, prior to such removal and eradication.

C. The Borough's cost of the corrective action together with any civil penalties, legal fees and other costs shall be recoverable from the violator.

D. The Code Enforcement 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.

E. Noting 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.

F. 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 Park Ridge, at its discretion, may remove or contract for the removal of such bamboo from Borough property or the public right-of-way. The cost of said removal shall be the responsibility of the bamboo property owner and/or 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 Borough-owned property and/or the public right-of-way shall include the installation of an appropriate barrier to prevent future bamboo invasion or other suitable remedy approved by the Borough.

§ 43-7 Repealer.

All ordinances of the Borough of Park Ridge which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.

§ 43-8 Severability.

If any section, subsection, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect the remaining portion of this chapter.

§ 43-9 When effective.

This chapter shall take effect upon adoption and publication according to law.