[HISTORY: Adopted by the Borough Council of the Borough of
Hillsdale as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 228.
[Adopted 2-10-2015 by Ord. No. 15-07]
This article is adopted to control the planting, cultivating
and/or growing of bamboo in the Borough of Hillsdale and to require
barriers to prevent the spread of existing bamboo into other areas
of the Borough.
Subject to certain exemptions set forth in this article, no
persons, residents, citizens, property owners and/or tenants of the
Borough shall plant, cultivate, or cause to grow any bamboo on any
lot and/or parcel of ground anywhere within the geographic boundaries
of the Borough of Hillsdale, except for:
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 as to entirely prevent the spread of
growth of the bamboo plants' root system beyond the container
beyond which it is planted.
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 from any property line.
This article shall not apply to any land owner or possessor of said land who, prior to the effective date of this article, has any bamboo on any property within the Borough limits. Notwithstanding the foregoing, no portions of such bamboo shall be allowed to grow upon, extend roots across, or extend branches, stalks or leaves over any public way or onto any private property. If such occurs, the provisions of § 106-4 shall apply.
Whenever a complaint is received by the Borough regarding the
encroachment of any bamboo plant or root, or whenever the Borough,
on its own observations and inspections, determines that there is
an encroachment of bamboo plants or roots on to the property of another
land owner, or tenant in possession of the property, or both, the
Borough shall cause notice to be served and the following actions
occur:
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 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 within five
calendar days of its being mailed by the Borough.
B.
The notice shall specify the nature of the violation(s).
C.
The notice shall state that the violation(s) must be corrected within
30 calendar 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(s).
All ordinances of the Borough of Hillsdale which are inconsistent
with the provisions of this article are hereby repealed as to the
extent of such inconsistency.
A.
Any person determined by any court of competent jurisdiction to have
violated this article 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 removal as set forth in the notice which
was sent to violator and received by the violator as defined above.
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 this article.
This fine can be up to the maximum penalty set by the State of New
Jersey.
B.
If the violation is not remedied within the time set forth in the
aforesaid notice, the Borough is hereby authorized 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 cost of the corrective action together with any civil penalties,
legal fees and other costs shall be recoverable from the responsible
party.
