[HISTORY: Adopted by the Mayor and Council
of the Borough of Maywood as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-21-1972 by Ord. No. 659 (derived from Ch. 14, Art. 3, of the
former Revised Ordinances)]
Whenever the presence upon any lands within
the Borough of brush, weeds, dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash and debris is inimical to
the public health, safety and general welfare or likely to constitute
a fire hazard, the owner and tenant of such lands shall remove therefrom
any such substance within 10 days after service of a written notice
by the Superintendent of Public Works. Service of the notice shall
be made upon such owner or tenant either personally or by registered
or certified mail, return receipt requested, addressed to him at his
last known post office address. If notice is served by registered
or certified mail, the ten-day period within which such removal shall
be accomplished shall be deemed to have commenced to run from the
date of the return receipt obtained from the postal authorities for
the delivery of such registered or certified notice.
In cases where the owner or tenant shall have neglected or refused to remove the substance described in § 132-1 in the manner and within the time provided in the notice referred to in § 132-1, the Superintendent of Public Works shall remove said substance or, under his direction, shall cause the same to be removed.
The Superintendent of Public Works shall certify
the costs thereof to the Mayor and Council. Upon receipt of the certificate,
the Mayor and Council shall examine the same and, if found correct,
shall cause the costs as shown thereon to be charged against said
lands. The amount so charged shall forthwith become a lien upon such
lands and shall be added to and become and form part of the taxes
next to be assessed and levied upon such lands. Such amount shall
bear interest at the same rate as taxes and shall be collected and
enforced by the same officers and in the same manner as taxes.
A.
Any person who violates § 132-1 of this article shall, upon conviction thereof, be punished by a fine not exceeding $1,000, or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Amended 12-29-1987 by Ord. No. 15-87]
[Adopted 9-26-2017 by Ord. No. 10-17]
The purpose of this chapter is to control the planting, cultivating
and/or growing of bamboo in the Borough of Maywood and to require
barriers to prevent the spread of existing bamboo into other areas
of the Borough.
In conjunction with certain exemptions specified in this chapter,
no individuals, citizens, residents, property owners and/or tenants
of the Borough shall plant, cultivate, or support the growth of any
bamboo on any lot and/or parcel of ground anywhere within the physical
boundaries of the Borough of Maywood, except for:
A.
Where the root system of such bamboo plants is entirely contained
within an aboveground level planter container, or similar vessel of
such design, material and location as to entirely prevent the spread
or growth of the bamboo plants' root system beyond the container
in which it is planted, said vessel shall be located so that no part
of the plant shall be closer than 20 feet from any property line.
This article shall not apply to any landowner or possessor of
said land who, prior to the effective date of this chapter, has planted
or caused to grow any bamboo on any property within the Borough limits
unless the Code Enforcement Officer determines on his/her own, or
upon complaint from any abutting or nearby property owner, 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
or any possessor of said land. Permitting such growth or root/branch
extension over any public way or any private property not owned by
or in the possession of such landowner or any possessor of said land
shall be a violation of this article.
All property within the Borough of Maywood shall be compliant
with this article. At any time a complaint is received by the Borough
of Maywood regarding the intrusion of any bamboo plant or root, or
whenever the Borough, on its own observations and inspections, determines
that there is a violation of bamboo plants or roots onto the property
of another landowner or tenant in possession of the property, or both,
the Borough shall have the right to investigate same and take responsive
action.
A.
Any person determined by any court of sufficient jurisdiction to
have violated this article shall be subject to pay a fine of no 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 the 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 charged. 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 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 intrusive bamboo and to take all reasonable steps to demolish
any possible future continuation 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.
