[HISTORY: Adopted by the Borough Council
of the Borough of Glenolden 2-11-1960 by Ord. No. 581, approved 2-11-1960; amended in
its entirety 8-21-2018 by Ord.
No. 581-2018, approved 8-21-2018. Subsequent amendments noted where applicable]
GENERAL REFERENCES
Nuisances — See Ch. 112.
No person, firm or corporation owning or occupying
any property within the Borough of Glenolden shall permit any grass
or weeds or any vegetation whatsoever, not edible or planted for some
useful or ornamental purpose, to grow or remain upon such premises
so as to exceed a height of 18 inches or to throw off any unpleasant
or noxious odor or to conceal any filthy deposit or to create or produce
pollen. Any grass, weeds or other vegetation growing upon any premises
in the Borough in violation of any of the provisions of this section
is hereby declared to be a nuisance and detrimental to the health,
safety, cleanliness and comfort of the inhabitants of the Borough.
The owner of any premises, as to vacant premises
or premises occupied by the owner, or the occupant thereof, in the
case of premises occupied by other than the owner thereof, shall remove,
trim or cut all grass, weeds or other vegetation growing or remaining
upon such premises in violation of the provisions of the first section
of this chapter.
The Borough Council or any officer or employee
of the Borough designated thereby for the purpose is hereby authorized
to give notice, by personal service or by United States mail, to the
owner or occupant, as the case may be, of any premises whereon grass,
weeds or other vegetation is growing or remaining in violation of
the provisions of the first section of this chapter, directing and
requiring such owner or occupant to remove, trim or cut such grass,
weeds or vegetation so as to conform to the requirements of this chapter
within five days after issuance of such notice. In case any person,
firm or corporation shall neglect, fail or refuse to comply with such
notice within the period of time stated therein, the Borough authorities
may remove, trim or cut such grass, weeds or vegetation, and the cost
thereof, together with any additional penalty authorized by the law,
may be collected by the Borough from such person, firm or corporation
in the manner provided by law for the abatement, prohibition and removal
of nuisances.
[Amended 12-9-1982 by Ord. No. 867, approved 12-9-1982; 9-8-1988 by Ord. No.
936, approved 9-8-1988]
Any person or other legal entity who or which
shall violate or fail, neglect or refuse to comply with any of the
provisions of this chapter shall, upon conviction thereof, be punished
by a fine of not more than $600 and costs of prosecution or, in default
thereof, be imprisoned for a period not to exceed 60 days. Each day's
failure to comply with any provision of this chapter shall constitute
a separate violation thereof.
The Borough of Glenolden has determined that the planting, cultivating
and growing of certain running noxious plants and grasses, particularly
those plants and/or grasses commonly referred to as "bamboo," within
the Borough of Glenolden has a negative impact on the health, safety
and welfare of the residents of the Borough of Glenolden and the public
at large, as the uncontrolled planting, cultivating and growth of
said bamboo plants and grasses results in the destruction of private
and public property and constitutes a nuisance within the Borough.
The Borough has therefore determined that is in the best interests
of its residents and the public at large to control the planting,
cultivating and/or growing of said bamboo plants and grasses within
the Borough of Glenolden, primarily by prohibiting the future planting,
cultivating and/or growing of said bamboo plants and grasses within
the Borough, and by requiring the use of barriers to prevent the invasive
spread of existing bamboo plants and grasses within the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
Any monopodial (running) tropical or semi-tropical grasses
from the genera Bambusa including, but not limited to Bambusa, Phyllostachys,
and Pseudosasa as well as common bamboo, golden bamboo and arrow bamboo.
Any property owner or resident who has planted and/or grows
bamboo, or who maintains bamboo on the property, or who permits bamboo
to grow or remain on the property even if the bamboo has spread from
an adjoining property. Any property owner or resident at which bamboo
is found on the property will be considered a bamboo owner, except
any property owner or resident who:
Did not plant or grow or cause bamboo to be planted or grown
on his property;
Has provided satisfactory proof to the Borough that, within
a reasonable period of time after discovering the encroachment of
bamboo onto the property from an adjoining or neighboring property,
he advised the owner of such property of his objection to the encroachment
of the bamboo; and
Has initiated steps for the removal of the bamboo from the property,
including remedies at law.
Borough of Glenolden, County of Delaware, Commonwealth of
Pennsylvania.
A.
Upon the effective date of this article the planting or growing of
bamboo shall be prohibited within the Borough. Any person who thereafter
plants, or grows, or causes to be planted or grown, bamboo within
the Borough shall be deemed to be in violation of this article, and
shall be subject to such penalties as are set forth hereunder.
B.
Any bamboo either planted or caused to be planted or existing on
a property prior to the effective date of this article may not be
replanted or replaced in kind once such running bamboo is or has become,
for any reason, dead, destroyed, uprooted or otherwise removed.
For the purposes of this article, bamboo found growing upon
a property shall constitute presumptive evidence that bamboo was planted
and/or grown by and/or with the consent of the bamboo owner.
A.
Any bamboo that has been previously planted or already in existence
on any property within the Borough prior to the effective date of
this article may remain on such property, subject to the following
regulations:
(1)
Bamboo shall not be planted, maintained or otherwise be permitted
to exist within 20 feet of the edge of the pavement or traveled portion
of any public roadway in the Borough; and
(2)
Any bamboo owner whose property contains bamboo shall remove and
abate the growth of the bamboo within 20 feet of edge of the pavement
or traveled portion of a public road in the Borough; and
(3)
Each bamboo owner shall be responsible to ensure that the bamboo
planted or growing on the property prior to the effective date of
this article does not encroach or grow upon any adjoining or neighboring
property or properties, including all public property and Borough
rights-of-way; and
(4)
Each bamboo owner shall be required to take such measures as are
reasonably expected to prevent bamboo planted or growing on the property
from invading, encroaching or growing onto adjoining or neighboring
properties. Such measures shall include, but not limited to, installation
of a sheathing barrier comprised of metal or other material impenetrable
by the bamboo's root system at a sufficient depth within the
property line or lines where the running bamboo is planted or is growing
to prevent the growth or encroachment upon adjoining or neighboring
property by the bamboo.
(5)
Whether planted or growing as described in this article, all bamboo
plants shall be located, trimmed and maintained so that no part of
the plant or root system is closer than 10 feet to any property line.
A.
In the event that bamboo growing on a bamboo owner's property
invades or grows on an adjoining or neighboring property that is owned
or held on behalf of the Borough, the Borough shall notify the bamboo
owner in writing that the bamboo has invaded the Borough property
and that the bamboo owner is responsible for the removal of such running
bamboo from the Borough property. This notice shall be sent by certified
mail, return receipt requested and by regular mail to the latest address
of the bamboo owner on file with the Borough and a copy of the notice
shall also be posted at the bamboo owner's property.
B.
In the event that the bamboo owner does not remove or contract for
the removal of the bamboo from the Borough property, or does not make
an arrangement with the Borough for removal of such bamboo within
30 days from the date the Borough first provided notice pursuant to
the above, the Borough, at its discretion, may remove or arrange for
the removal of such bamboo from the Borough property. The bamboo owner
shall be liable and responsible to the Borough for all costs incurred
in removing the bamboo from the Borough property. Such costs may be
assessed against the property of the bamboo owner.
C.
This article shall not be deemed to alter any rights of common law
or otherwise that any property owner may have to recover the cost
of removal of running bamboo on their own property from another property
owner from whose property the running bamboo has spread.
Any person, firm or corporation violating any of the provisions
of this article shall, in addition to the other charges hereinbefore
provided for each offense, upon summary conviction before any magisterial
District Justice, pay a fine not exceeding $1,000 and costs of prosecution;
and in the default of payment of the fine and costs, the violator
may be sentenced to imprisonment for a term not to exceed 30 days
for each violation of which the violator has been found guilty. Each
and every day in which any person, firm or corporation shall be in
violation of this article shall constitute a separate offense.
Should any section, subsection, paragraph, sentence, laws or
phrase of this article shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this article
which shall remain in full force and effect and for this purpose,
the provisions of this article are hereby declared to be severable.
All ordinances or parts of ordinances in conflict with the provisions
of this article are hereby repealed to the extent of such conflict.
The Borough reserves the right at any time by ordinance to amend or
otherwise modify or repeal this article.
