The preservation of public health, safety and welfare within the Township requires that all lands within the municipality be kept clear of brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris.
[HISTORY: Adopted by the Township Council of the Township of Lower by Ord. No. 86-5 (Sec. 3-14 of the 1975 Code). Amendments noted where applicable.]
It is hereby declared unlawful for any person, firm, association, partnership, or corporation owning, leasing, or otherwise occupying land or lands situate, lying and being within the confines of the Township to permit obnoxious brush, weeds, dead and dying trees, stumps, roots, growths, filth, garbage, trash or debris to remain thereon.
[Added 3-17-2025 by Ord. No. 2025-07]
A.
Purpose and intent. The purpose of this section is to preserve and protect private and public property from the damaging spread of invasive bamboo and to protect native plants and the wildlife they support from the spread of invasive bamboo.
B. BAMBOO PERSON PROPERTY OWNER
Definitions. The following definitions shall apply to this subsection:
The plant species commonly known as bamboo which shall include both running (monopodial) bamboo and clumping (sympodial) bamboo.
Any natural person, firm, corporation, partnership, limited liability company, or other organization or group.
Any property owner(s), occupant(s), or tenant(s) who, or which, have bamboo or invasive plants on their property, even if the bamboo or invasive plant has spread onto their property from an adjoining property.
C.
Prohibition on planting, growth, and cultivation of bamboo. No owner, tenant, occupant, or other person in possession or control of real property, whether public or private, shall plant, grow, maintain, or cultivate, or cause to plant, grow, maintain, or cultivate bamboo within the Township of Lower.
D.
Duty to confine.
(1)
In the event any species commonly classified as bamboo is located upon any property, whether public or private, within the Township, prior to the effective date of this article, the owner or person in possession of such property shall jointly and severally be required to confine such species to prevent the encroachment of same onto any other private or public property or public right-of-way. In lieu of confining the bamboo, the owner or person in possession of such property may remove the bamboo from the property and all affected properties. Failure to properly confine such bamboo shall require removal as set forth below. The cost of said removal shall be at the property owner's or person in possession's expense from which the bamboo first originated.
(2)
The duty to confine shall not apply if the bamboo which is on the property at the time of the adoption of this article originated on another property; the duty to confine shall apply to the owner or person in possession of the land from which the bamboo first originates.
E.
Requirement to remove.
(1)
In the event bamboo is present on the effective date of this section and a complaint is received by the Township regarding an encroachment of any bamboo plant or root, and the Code Enforcement Officer determines that there is an encroachment onto any adjoining/neighboring private or public property or public right-of-way, the Township shall serve notice to the property owner, or person in possession of such property from which the bamboo first originates, in writing, that the bamboo has encroached onto other private or public property or public right-of-way and demand remediation of the encroachment of the bamboo from the affected property, and demand appropriate confinement against future encroachment. Notice shall be provided to the bamboo property owner, or person in possession of the property, as well as to the owner of the affected property, by certified mail, return receipt requested, and by regular mail. Within 45 days of receipt of such notice, the bamboo property owner or person in possession of the land shall submit to the Code Enforcement Officer, with a copy to the owner of the affected property, a plan for the remediation of the encroachment of the bamboo from the affected property, which plan shall include restoration of the affected property after remediation of the encroachment. Within 120 days of receipt of the Code Enforcement Officer's approval of the plan of remediation and restoration, the remediation and restoration shall be completed to the satisfaction of the Code Enforcement Officer.
(2)
Nothing herein shall be interpreted as limiting the rights of a private property owner to seek civil relief through a court of proper jurisdiction.
(3)
When an encroachment is upon public property or public right-of-way and the owner or person in possession of the property from which the bamboo first originated fails to comply with the written notice provided as set forth above, the Township, at its discretion, may remove or contract for the removal of such bamboo from the Township property or public right-of-way. The cost of such removal shall be the responsibility of the owner or person in possession of the property and shall be paid or assessed as a lien against the property on which the bamboo growth originated. The cost of said removal from the Township-owned property and/or public right-of-way shall include the installation of an appropriate barrier to prevent future bamboo invasion.
F.
Responsible parties. In the event the property owner, or person in possession of such property, from which the bamboo first originates complies with the provisions of this section, including the confinement and removal of bamboo on and from their property, and an affected property owner refuses or fails to permit the confinement or removal of the bamboo on their property by the originating property owner, that affected property owner shall be deemed, for the purposes of this section, to be the property owner, or person in possession of such property from which the bamboo first originates, and the provisions of this section shall apply to the affected property owner.
G.
Replanting prohibited. Any bamboo existing on the effective date of this section shall not be replanted or replaced after such bamboo has died, been destroyed, uprooted, or otherwise removed.
H.
Violations and penalties. Except as provided for in Subsection D(2) above, any person who violates any of the provisions of this section, or who shall fail to remove and remediate bamboo after receiving the required notice set forth herein, shall, upon conviction thereof, be subject to a penalty of not more than $1,000 and/or imprisonment for a period not exceeding 30 days, and/or a period of community service not to exceed 30 days. Any repetition of any act herein prohibited shall be deemed a new and separate offense, and upon convection thereof be subject to the penalties herein.
[Amended 7-1-2013 by Ord. No. 2013-14]
All property owners in the Township of Lower are deemed to be on notice that it is their responsibility and duty to monitor and keep their properties in compliance with this chapter. Therefore, no prior notice of violations need be given by the Code Enforcement Officer prior to issuing a summons for any violations hereof.
[Amended 7-1-2013 by Ord. No. 2013-14]
In the event that the owner, lessee, or occupant shall fail to abate, remove, or remedy the offending condition in a manner satisfactory to the enforcement official within 10 days of being cited for a violation of same, the enforcement official may remove or abate the offending condition and charge the owner, lessee and/or occupant for all costs involved with this action.
[Amended 10-4-2010 by Ord. No. 2010-10]
In all cases where brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and/or debris are destroyed or removed from any lands under the terms of this chapter by or under the direction of the enforcement official, the enforcement official shall certify the cost thereof to the Township Council, which shall examine, certify and if found correct shall cause the cost 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, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officials and in the same manner as taxes. An administrative lien fee in the amount of $500 shall be imposed in conjunction with the creation of a lien.
The following persons shall be deemed enforcement officials for purposes of this chapter:
A.
The Township Construction Official and his subordinates.
B.
The Township Zoning Official.
C.
The Township Health Official, which title shall include any county health official assigned to or functioning within the Township.
D.
Any member of the Police Department.
E.
Any member of the Board of Health.