[HISTORY: Adopted by the Board of Trustees
of the Village of Lindenhurst 8-28-1968 by Ord. No. 1-1968 as Ch. 83 of the 1968
Code of the Village of Lindenhurst. Amendments noted where applicable.]
[Amended 3-5-2013 by L.L. No. 1-2013]
A.
It shall
be the duty of every person or persons, firm, association, entity
or corporation owning or occupying land within the Village of Lindenhurst,
Suffolk County, State of New York, to cut, trim or remove brush, grass,
rubbish or weeds or other rank vegetation growing on or existing on
such land or to cause such grass, brush, rubbish or weeds or other
rank vegetation to be cut so that the height thereof above ground
level is not more than 12 inches. This provision shall not apply to
cultivated flowers and gardens, trees and shrubs.
B.
Bamboo shall be cultivated in such manner that no bamboo shall be
permitted to migrate onto an adjacent owner's property. It shall be
unlawful for an owner, tenant or occupier of property anywhere within
the Village of Lindenhurst to cause, suffer, permit or allow bamboo
to be planted or maintained in such manner that it migrates onto any
adjoining property. An owner, tenant or occupier of property, after
being given notice of the occurrence of a migration or trespass upon
adjacent property by bamboo planted upon and originating from his
property, shall be required to take appropriate measures to prevent
such bamboo from migrating onto adjacent property in the future by
installing a barrier sufficiently deep and impenetrable as to prevent
future migration, planting the root system of such bamboo plant so
that it is entirely contained within an above-ground-level planter,
barrier or other vessel of such design, material and location as to
entirely prevent the spread/growth of the bamboo plant's root system
beyond the container in which it is planted, or by providing for its
entire and complete removal. In addition to the penalties provided
herein, any owner, tenant or occupier of property who fails to maintain
bamboo in such manner as to prevent a trespass upon adjoining property
shall also be subject to the penalties provided for in this chapter.
[Amended 11-18-2014 by L.L. No. 2-2014]
(1)
All bamboo which migrates onto adjacent properties shall be deemed
a public nuisance, and no property owner shall have any vested or
nonconforming right to continue maintenance of bamboo, whether or
not it preexisted the adoption of this regulation. Any property owner
who fails to prevent migration of bamboo onto adjoining property shall
be guilty of a trespass, and the fact that the offending bamboo preexisted
the adoption of this regulation shall not constitute a defense. In
order to prevent migration onto adjacent properties, all bamboo plants
(whether planted or growing in a container or contained within a barrier)
shall be located, trimmed and maintained so that no part of the plant
(including stalks, branches, leaves, and/or roots) shall extend nearer
than 10 feet to any property line.
(2)
In determining whether or not a barrier installed to prevent the
migration of bamboo is sufficiently deep and impenetrable to prevent
future migration onto an adjacent owner's property, it must meet the
following criteria:
(3)
The barrier itself shall be composed of high-density polypropylene
or polyethylene, 40 mil or heavier;
(4)
Each portion of sheet of the barrier shall be secured or joined together
by the use of stainless-steel clamps or stainless-steel closure strips
designed for such barriers;
(5)
The barrier shall be installed not less than four feet deep unless
not possible due to the level of groundwater intrusion;
(6)
Not less than three inches of the barrier shall protrude above ground
level around the entire perimeter of the barrier;
[Amended 6-16-1992 by L.L. No. 2-1992]
If any person or persons, firm, association
or corporation owning such land shall, after 10 days' written notice
so to do, fail or neglect to cut, trim or remove such brush, grass,
rubbish or weeds or other rank vegetation growing or existing upon
the land owned by him, it or them, the Board of Trustees of the Village
of Lindenhurst may cause such work to be done and assess the expense
thereof upon such land. The notice required to be given by this section
may be served by mailing such notice to such owner addressed to his
last known address.
The notice provided for in the foregoing section shall only be necessary in a case which the Village desires to do the work and assess the expense thereof upon the affected land, but no notice shall be required from the Village in order to make any owner of such land guilty of violation of § 43-1 of this chapter.
[Amended 6-16-1992 by L.L. No. 2-1992]
Any person or persons, firm, association or
corporation violating this chapter or any part thereof shall be punishable
by a fine or penalty of not less than $50 nor more than $250 or imprisonment
for a term not exceeding 15 days, or both, for a first offense, or
a fine or penalty of not less than $250 nor more than $1,000 or imprisonment
for a term not exceeding one year, or both, for a second or subsequent
offense.
