[HISTORY: Adopted by the Board of Trustees of the Village of Old Brookville 10-16-2017 by L.L. No. 4-2017. Amendments noted where applicable.]
A. 
Purpose. The purpose of this chapter is to promote and protect the property, property values and welfare of the residents of the Village of Old Brookville, their guests and other visitors to the Village, and to preserve the aesthetic qualities of the environment of the Village of Old Brookville.
B. 
Intent. It is the finding of the Board of Trustees that the planting and/or the growing of invasive species within the Village of Old Brookville has been and will continue to be destructive to the natural environment, including indigenous flora, and destructive to structures, driveways and walks on properties within the Village that adjoin or neighbor those properties where invasive species have been planted and/or permitted to grow. The planting and the growing of invasive species threaten the value and physical integrity of both public and private property in the Village. Therefore, in order to protect and preserve said environment and values, the Village declares it necessary to regulate or prohibit the planting and/or growing of invasive species within the Village.
As used in this chapter, the following terms shall have the meanings indicated:
INVASIVE SPECIES
A. 
Running bamboo, hereinafter defined as any tropical or semi-tropical grass, including, but not limited to, the following plant genera: Golden Bamboo (Phyllostachys aurea) and Nude Sheath Bamboo (Phyllostachys nuda).
B. 
English Ivy (Hedera helix).
INVASIVE SPECIES PROPERTY OWNER
A property owner in the Village who has planted or grown or caused the planting or growing of invasive species on his property and/or permitted or permits the growing of invasive species on his property that had initially encroached onto his property from an adjoining or neighboring property.
VILLAGE
The Incorporated Village of Old Brookville.
For purposes of this chapter, if invasive species are found growing upon a property, it shall constitute presumptive evidence that the growing of invasive species on the property shall have occurred with the consent of the owner of such property, except that such presumption shall be overcome if the property owner did not plant or grow or cause said invasive species to be planted or grown on his property, and he shall provide the Building Inspector with proof, satisfactory to the Building Inspector, that within a reasonable period of time after he first learned of the encroachment of invasive species onto his property from an adjoining or neighboring property he advised the owner of such adjoining or neighboring property of his objection to the encroachment of invasive species onto his property and/or initiated steps for the removal of the invasive species from his property.
A. 
Upon the effective date of this chapter, the planting or growing of invasive species shall be prohibited within the Village. Any person who thereafter plants or grows, or causes to be planted or grown, invasive species within the Village shall be deemed to be in violation of this chapter, and shall be subject to such penalties as are set forth hereunder.
B. 
Any invasive species 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 such invasive species, whether or not it preexisted the adoption of this regulation. Any property owner who fails to prevent migration of invasive species onto an adjoining property shall be guilty of trespass, and the fact that the offending invasive species preexisted the adoption of this regulation shall not constitute a defense.
C. 
Exceptions. Notwithstanding the above, the planting or growing of invasive species after the effective date of this chapter shall be permitted within the Village only under the following conditions:
(1) 
The root system of such invasive species plant 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 invasive species plant's root system beyond the container in which it is planted; and
(2) 
Invasive species planted or growing in a container under Subsection C(1) above 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 or 40 feet from any street or public right-of-way; and
(3) 
Any person who thereafter plants or grows, or causes to be planted or grown, invasive species within the Village under the conditions set forth in Subsection C(1) above, yet said ground-level planter, vessel or container fails to contain said invasive species, shall be deemed to be in violation of this section, and shall be subject to such penalties as are set forth hereunder.
D. 
Planting of other invasive species prohibited. The planting of any invasive plant species which are currently or heretofore prohibited on the Nassau County, New York State or United States government banned invasive species list is hereby prohibited.
A. 
Any invasive species which has been planted or otherwise permitted to grow on any property within the Village prior to the effective date of this chapter may remain on such property, subject to compliance with this § 175-5. Each invasive species property owner shall be responsible to ensure that the invasive species planted or growing on his property prior to the effective date of this chapter does not encroach or grow upon any adjoining or neighboring property or properties, including all public property and rights-of-way held by the Village, or encroach upon the buffers required under Subsection C below, and shall be required to take such measures as are reasonably expected to prevent such invasive species from invading or growing onto adjoining or neighboring properties or such buffers. Such measures shall include but not be limited to installation of sheathing comprised of metal or other material impenetrable by invasive species at a sufficient depth within the property line or lines where the invasive species is planted or is growing to prevent the growth or encroachment upon adjoining or neighboring property by said invasive species. The Board of Trustees may from time to time prescribe such rules and regulations of the measures to be taken as may be reasonable and necessary.
B. 
In determining whether or not a barrier installed to prevent the migration of invasive species is sufficiently deep to prevent future migration onto an adjacent owner's property, a barrier less than four feet in depth, unless a deeper depth is not possible due to the level of groundwater intrusion, shall be presumed to be insufficient to prevent such migration.
C. 
No invasive species property owner within the Village shall cause, suffer or allow invasive species to be maintained or otherwise permitted to exist within 10 feet of any property line or within 40 feet from any street or public right-of-way or otherwise in a fashion that blocks or otherwise impedes lines of sight at intersections. If any invasive species existing as of the effective date of this chapter is in violation of this provision, the same must be removed and a barrier system installed as per the above Subsection A.
A. 
In the event that invasive species growing on an invasive species property owner's property invades or grows on Village property, the Village shall notify the invasive species property owner that the invasive species said owner had planted or caused to plant or had permitted to grow on his property has invaded Village property, and that the invasive species property owner is responsible for the removal of such invasive species from the Village property (subject to coordination with and approval by the Village on the means and manner of such removal). This notice shall be sent by certified mail, return receipt requested, and by regular mail to the latest address of the invasive species property owner on file with the Village Clerk or Building Department.
B. 
In the event that the invasive species property owner does not remove or contract for the removal of said invasive species from the Village property or does not make an arrangement with the Village for removal of such invasive species within 30 days from the date the Village first deposited the notice as provided in Subsection A above with the United States Postal Service, then the Village, at its discretion, may remove or arrange for the removal of such invasive species from the Village property and/or the property which is the source of the invasive species and/or install a barrier to prevent further migration. The invasive species property owner shall be liable and responsible to the Village for the Village's costs in removing the invasive species and/or installation of the barrier. Such costs may be assessed against the property of the invasive species property owner as a tax payable by such invasive species property owner in the event that the costs remain unpaid more than 30 days after demand for payment has been made by the Village on the invasive species property owner.
C. 
In the event that the Village is compelled to undertake the removal or to contract for the undertaking of removal of invasive species, as provided for in Subsection B above, it will do so in a reasonable and workmanlike manner. Neither the Village nor its agents or employees shall have any liability for damages or other claims to the invasive species property owner by reason of the removal of such invasive species. In the event such removal entails or causes damages to the flora or other property of a person other than the property of the invasive species property owner, the invasive species property owner in violation of this section shall be responsible for such damages.
D. 
In the event that invasive species growing on an invasive species property owner's property invades or grows on an adjoining or neighboring private property, the neighbor so affected shall notify the invasive species property owner that the invasive species said owner had planted or caused to plant or had permitted to grow on his property has invaded his property, and that the invasive species property owner is responsible for the removal of such invasive species from his neighbor's property. This notice shall be sent by certified mail, return receipt requested, and regular mail to the latest address of the invasive species property owner on file with the Village Clerk or Building Department, with a copy of said notice required to be sent to the Village.
E. 
Notice. If the provisions of the foregoing Subsection D are not complied with, then the Building Inspector or other Code Enforcement Officer may serve written notice in person or by mail upon the owner, lessee or occupant or any person having the care or control of such lot or land to comply with the provisions of this section.
F. 
Noncompliance with notice. If the person upon whom the notice is served fails, neglects or refuses so to comply with such written notice and demand of the Village within five days after service of such notice, the Village may, in its discretion, enter upon the affected property and the property which is the source of the invasive species and remove all invasive species from the site. The cost of such removal, plus 50% for supervision and administration, shall be charged to the invasive species property owner. The cost for such removal shall be certified by the Village Treasurer, and shall thereupon become and be a lien upon the property in which such violation of this chapter occurs, and shall be added to and become and form part of the taxes next to be assessed and levied upon said lot or land, and shall bear interest at the same rate as taxes and shall be enforced by the same officer, and in the same manner, as taxes.
Any invasive species either planted or caused to be planted or existing on a property prior to the effective date of this chapter may not be replanted or replaced in kind once such invasive species is or has become, for any reason, dead, destroyed, uprooted or otherwise removed.
All dead, destroyed, uprooted or otherwise removed invasive species shall be disposed of off-site in a manner that will not permit the removed plant to repropagate in the Village.
Within 30 days after the effective date of this chapter, the Village shall give notice by reasonable means to all property owners in the Village advising them of the enactment of this chapter and requesting that each property owner who would be deemed an "invasive species property owner" hereunder as of the effective date of this chapter notify the Village, in writing, no later than 60 days after the date of the aforementioned notice from the Village that an invasive species is present on the property of such property owner and such other information as may be requested in the notice from the Village.
Any property owner who violates any of the provisions of this chapter shall be guilty of a violation thereof. Each and every day that a violation of this chapter shall exist shall constitute a separate violation of this chapter. Violations shall be punishable as provided in Article I of Chapter 1 of the Village Code. The Village may also pursue civil or injunctive relief, or pursue criminal penalties, irrespective of any determination to prosecute for a violation of this chapter.
The Building Inspector, Code Enforcement Officer or any police officer shall have authority to enforce the provisions of this chapter, including issuance of notices of violation and appearance tickets.
In the event that any portion or portions of this chapter shall be determined to be invalid or unenforceable for any reason, the remainder of the chapter and its provisions shall remain in full force and effect.