[HISTORY: Adopted by the City Council of the City of Port
Republic 9-15-2005 by Ord. No. 11-2005. Amendments noted where applicable.]
This chapter shall apply where it is found that there exists
in the City of Port Republic premises which are or may become substandard
with respect to the site, structure, equipment or maintenance or,
further, that such conditions, including but not limited to structural
deterioration, lack of maintenance, deteriorating appearance of the
structure or premises, infestation and existence of fire or other
hazards, are generally a menace to health, safety and the general
welfare, so that property values are thereby maintained, the desirability
and amenities enhanced and the public health, safety and welfare protected
and fostered.
The purpose of this chapter is to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance, appearance, condition and occupancy of real property;
to fix certain responsibilities and duties upon owners, operators
and occupants; to authorize procedures for the inspection of real
property; to fix penalties for the violation of this chapter; to provide
for the right of access across adjoining premises to permit repairs;
and to provide for the repair of premises unfit for occupancy or use.
This chapter is hereby declared to be remedial and essential for the
public interest.
The following terms, wherever used in this chapter, shall have
the respective meanings assigned to them, unless a different meaning
clearly appears from the content:
A structure, the use of which is incidental to that of the
main building and which is located on the same lot.
A portion of a building located partly underground but having
less than half of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
A combination of materials to form a construction adapted
to permanent or continuous occupancy or use.
A portion of a building located partly or wholly underground
and having half or more than half of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
Any premises, or any part thereof, or any building or part
thereof which may be lawfully viewed by the public from a sidewalk,
street or alleyway or from any adjoining or neighboring premises.
Open space on the premises outside of any building therein.
The control or elimination of insects, rodents or other pests
by eliminating their harborage places, by removing or making inaccessible
materials that may serve as food or by any other recognized and legal
pest-elimination methods approved by the Health Officer.
Any device or condition likely to cause fire and which is
so located as to endanger either persons or property; the creation,
maintenance or continuance of any physical condition through which
there exists a use, accumulation or storage of combustible or explosive
material sufficient in amount or so located or in such a manner as
to put in jeopardy, in event of ignition, either persons or property.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
As defined under the New Jersey Spill Compensation and Control
Act, N.J.S.A. 58:10-23.11.b.
[Added 7-13-2018 by Ord.
No. 03-2018]
The presence of any insects, rodents, vermin or other pests.
Any public annoyance known at public law or in equity jurisprudence
or as provided by the statutes of the State of New Jersey or in the
ordinances of the City of Port Republic, including the following:
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises or upon
an unoccupied lot. This includes but is not limited to abandoned wells,
shafts, basements or excavations; abandoned iceboxes, refrigerators
or motor vehicles; any structurally unsound fences or structures;
lumber, trash, fences, debris or vegetation, such as poison ivy, oak
or sumac, which may prove a hazard for inquisitive minors.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
Inadequate or unsanitary sewage or plumbing facilities in violation
of any code of the City of Port Republic.
Fire hazards.
The Building Code Enforcement Officer as appointed by City
Council.
Any person who has charge, care or control of a building
or a part thereof.
Any person who, alone, jointly or severally with others,
shall have the legal title to any property, with or without accompanying
actual possession thereof, or shall have charge, care or control of
any property as owner or agent of the owner or as executor, executrix,
administrator, administratrix, trustee or guardian of the estate of
the owner. Any such person thus representing the actual owner shall
be bound to comply with the provisions of this chapter and the rules
and regulations adopted pursuant thereto to the same extent as if
he were the owner.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Any combustible and noncombustible waste materials, except
garbage, including the residue from the burning of wood, coal, coke
and other combustible material, paper, rags, cartons, wood, excelsior,
rubber, leather, tree branches, grass trimmings, tin cans, metals,
mineral matter, glass, crockery and dust.
An assembly of materials forming a construction for occupancy
or use, including, among others, buildings, stadiums, gospel and circus
tents, reviewing stands, platforms, stagings, observation towers,
radio towers, water tanks, trestles, piers, wharves, open sheds, coal
bins, shelters, fences and display signs.
Deterioration, decay or damage caused by exposure to the
elements.
A.
Whenever the words "accessory structure," "building," "premises,"
"room," "rooming unit" or "structure" are used in this chapter, they
shall be construed, unless expressly stated to the contrary, to include
the plurals of these words and as if they were followed by the words
"or any part thereof."
B.
The word "shall" shall be applied retroactively as well as prospectively.
A.
Compliance required. Every premises situated in the City, whether used or intended to be used for residential, commercial, or industrial occupancy, shall comply with the provisions of this chapter, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this chapter, and irrespective of any permits, certificates of occupancy or licenses which shall have been issued for the use or occupancy of the building or premises and for the construction or repair of equipment or facilities prior to the effective date of this chapter. This chapter establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained herein, except as provided in Subsection B.
B.
Higher standard to prevail in case of conflict with other laws or
ordinances. In any case where the provisions of this chapter impose
a higher standard than set forth in any other ordinances of the City
or under the laws of the State of New Jersey, then the standard as
set forth herein shall prevail, but if the provisions of this chapter
impose a lower standard than any other ordinances of the City or of
the laws of the State of New Jersey, then the higher standard contained
in any such other ordinance or law shall prevail.
C.
Issuance and renewal of other permits and licenses. After the date
of enactment hereof, all licenses and permits, wherever applicable,
shall be issued upon compliance with this chapter as well as compliance
with the ordinances under which licenses and permits are granted.
D.
Enforcement of and compliance with other ordinances. No license or
permit or other certification of compliance with this chapter shall
constitute a defense against any violation of any other ordinance
of the City applicable to any structure or premises, nor shall any
provision herein relieve any owner, operator or occupant from complying
with any such other provision nor any official of the City from enforcing
any such other provision.
A.
Owner and operator. Owners and operators shall have all the duties
and responsibilities as prescribed herein and in the regulations promulgated
pursuant thereto, and no owner or operator shall be relieved from
any such duty and responsibility nor be entitled to defend against
any charge of violation thereof by reason of the fact that the occupant
is also responsible therefor and in violation thereof.
B.
Occupant. Occupants shall have all the duties and responsibilities
as prescribed herein and in all the regulations promulgated pursuant
thereto, and the occupant shall not be relieved from any such duty
and responsibility nor be entitled to defend against any charge of
violation thereof by reason of the fact that the owner or operator
is also responsible therefor and in violation thereof.
C.
Contract not to alter responsibilities. Unless expressly provided
to the contrary in this chapter, the respective obligations and responsibilities
of the owner and operator on one hand, and the occupant on the other,
shall not be altered or affected by any agreement or contract by and
between any of the aforesaid or between them and other parties.
A.
Duties and responsibilities of owner and operator. The exterior of
the premises and all structures thereon shall be kept free of all
graffiti, nuisances and any hazards to the safety of occupants, pedestrians
and other persons utilizing the premises and free of unsanitary conditions,
and any of the foregoing shall be promptly removed and abated by the
owner or operator. It shall be the duty of the owner or operator to
keep the premises free of hazards, which include but are not limited
to the following:
(1)
Refuse: brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, refuse and debris.
(2)
Natural growth: dead and dying trees and limbs or other natural growth
in rotting or deteriorating condition or storm-damaged which constitute
a hazard to persons in the vicinity thereof.
(3)
Sources of infestation.
(4)
No motor vehicle designed to store and/or transport an excess of
1,000 gallons of hazardous substances shall be permitted to park on
any residential property between the hours of 11:00 p.m. and 6:00
a.m. or for more than five consecutive hours.
[Added 7-13-2018 by Ord.
No. 03-2018]
B.
Appearance of exterior of premises and structures.
(1)
The exterior of the premises and the condition of all structures
shall be so maintained that their appearance shall reflect a high
level of maintenance, a standard physical condition and shall not
constitute a blighting influence on adjoining property owners nor
any element leading to the deterioration and downgrading of the neighborhood
or the reduction of property values.
(2)
Where the premises are landscaped, lawns, hedges, bushes, planter
tubs or other containers shall be kept trimmed, free from becoming
overgrown and unsightly and generally in a healthy, attractive condition.
Ten inches is the maximum height for grass.
C.
The exterior of every structure or accessory structure, including
fences and storefronts, shall be maintained in good repair, and all
surfaces thereof shall be kept painted where necessary for purposes
of preservation and appearance. All surfaces shall be maintained free
of broken glass, loose shingles, crumbling stone or brick, excessive
peeling paint or other conditions reflective of deterioration or inadequate
maintenance to the end that the property itself may be preserved,
safety and fire hazards eliminated and adjoining properties and the
neighborhood protected from blighting influences.
D.
All reconstruction of walls and sidings shall be of standard quality
as permitted by the City's Building Code[1] and of an appearance commensurate with the character of
the properties in the same block and on both sides of the street on
which the premises fronts, such that the materials used will not be
of a kind that their appearance under prevailing appraisal practices
and standards will depreciate the values of neighboring and adjoining
premises as aforesaid.
A.
All parts of the premises shall be maintained in a clean and sanitary
condition so as to prevent infestation, be free of nuisance and be
free of hazards to health, safety and fire.
B.
Removal of garbage or rubbish shall be the duty of the owner and
operator.
C.
All premises shall be properly connected to and provided with electrical
power through safety-insulated conductors conforming to the requirements
of the City of Port Republic.
D.
It shall be the duty of the owner, tenant or person in possession
of any land in the City to maintain and keep living trees in the road
right-of-way of any road in the City in a manner so as to keep the
right-of-way safe to preserve the public health, safety and general
welfare and to remove dead or dying trees and/or branches.
If any condition exists that violates this chapter, the Officer
or his/her designee shall notify the owner, tenant or other person
in possession of the property of such condition or conditions, in
writing, by regular mail or personal delivery. The owner, tenant or
person in possession of the property shall have 14 days from the date
of such written notice to correct the condition or conditions so noticed.
The Building Code Enforcement Officer shall reinspect the lands in
question after the fourteen-day period has expired to determine if
the condition or conditions have been abated or remedied.
If the owner, tenant or person in possession of the lands in
question fails to abate or remediate the condition or conditions noticed
by the Officer within 14 days of the notice, the following shall occur:
A.
A complaint shall be issued by the Officer for the violation or violations
of this chapter, which complaint shall be brought before the Municipal
Court of the City of Port Republic.
B.
If it is necessary to preserve the public health, safety or general
welfare of the City, the Officer shall cause the condition or conditions
complained about to be abated or remedied and shall certify the cost
of abatement or remediation to the Council of the City of Port Republic.
The amount of such abatement or remediation shall be paid by the owner,
tenant or person in possession within 10 days of the date of the mailing
by which the invoice is sent to the aforesaid person.
C.
If the said invoice is not so paid, the amount so charged shall be
added to and become a part of the taxes next to be assessed upon the
lands in question and shall bear interest at the same rate as municipal
real estate taxes and shall be collected and enforced by the same
officer and in the same manner as delinquent taxes.
D.
For each day the condition or conditions complained of continue to
exist after the fourteen-day period has expired, the tenant, owner
or person in possession shall be subject to one or more of the following:
a fine of not less than $100 nor more than $1,000, imprisonment for
a period not to exceed 90 days or a period of community service not
to exceed 90 days for each and every day the condition or conditions
exist.
A.
Building Code Enforcement Officer to be inspecting officer. The Building
Code Enforcement Officer is hereby designated to serve as the inspecting
officer hereunder, and all inspections, regulations, enforcement and
hearings on violations of the provisions of this chapter, unless expressly
stated to the contrary, shall be under his direction and supervision.
He may appoint or designate such other public officials or employees
of the City to perform duties as may be necessary to the enforcement
of this chapter, including the making of inspections and holding of
hearings.
B.
When inspections are to be made. All buildings and premises subject
to this chapter are subject to inspections by the enforcing officer.
At the time of such inspections, all parts of the premises must be
available and accessible for such inspections, and the owner and operator
are required to provide the necessary arrangements to enable such
inspections. Such inspections shall be made during regular business
hours, unless the violation is of an emergency type which requires
abatement without delay.
C.
Identification and conduct of inspectors. The Officer shall be supplied
with official identification and, upon request, shall exhibit such
identification when entering any building, rooming unit or any part
of any premises subject to this chapter. The Officer shall conduct
himself so as to avoid intentional embarrassment or inconvenience
to occupants.
D.
Where entry by Officer is refused.
(1)
Penalties. Where the Officer or his agent is refused entry or access
or is otherwise impeded or prevented by the owner or operator from
conducting an inspection of the premises, such person shall be in
violation of this chapter and subject to the penalties hereunder.
(2)
Search warrant or access warrant. In addition to the provisions of Subsection D(1), the Officer may, upon affidavit, apply to the Municipal Court of the City of Port Republic, or such other court that may have jurisdiction, for a search warrant, setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter exists on the premises, and, if the Judge is satisfied as to the matter set forth in the said affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists. Warrant for access may be issued by the court having jurisdiction upon affidavit of the Officer establishing grounds thereof.
Except as provided in Subsection H, where a violation of this
chapter or the regulations hereunder is found to exist, a written
notice from the Officer shall be served on the person or persons responsible
for the correction thereof.
A.
Contents of notice. The notice shall specify the violation or violations committed, what must be done to correct same, a reasonable period of time, not to exceed 30 days, to start to correct or abate the violation and a reasonable time period to complete the correction of said violation, the right of the person served to request a hearing and that the notice shall become an order of the public officer five working days after service unless a hearing is requested pursuant to Subsection C.
B.
Service of notice. Notice may be served personally or by certified
mail, with postage prepaid, addressed to the last known address of
the person to be served. In the case of an occupant, notice may be
posted upon the door of his dwelling unit or rooming unit. Where it
is ascertained that the owner does not reside on the premises, the
last known address shall be the address of the owner as shown in the
office of the Tax Collector. If the last known address cannot be ascertained,
the notice may be posted on the outside front entrance of the building.
The Officer shall file and provide notice to any owner, operator or
occupant of any violation at any address other than the last known
address provided hereunder if such other address is filed with the
inspecting official personally or by certified mail addressed to the
Officer. Service upon an owner, operator or occupant may also be attained
by service of any notice upon a member of the family of the owner,
operator or occupant. Date of service of the notice shall be determined,
where service is by mail, as the day following the day of mailing
for notices to addresses within the City and as the fourth day after
the day of mailing for notices to addresses outside the City. Where
the day of service would fall upon a Sunday or other day when mail
is not ordinarily delivered, then the day of service shall be the
next regular delivery day, notwithstanding any other provision herein
contained.
C.
Notice to become an order unless hearing requested. Within five working
days of the date of service of a notice, the notice shall constitute
a final order unless any person affected by the notice requests a
hearing thereon by serving a written request within the five-day period
in person or by certified mail on the Officer. Such request for a
hearing shall set forth briefly the grounds or reasons on which the
request for a hearing is based and the factual matters contained in
the notice of violation which are to be disputed at the hearing. The
Officer, upon receipt of the request, shall, within 30 days therefrom
and upon five days' notice to the party aggrieved, set the matter
down for hearing.
D.
Determination at hearing. At any hearing provided hereunder, the
Officer shall be vested with all the powers provided by law to compel
the attendance of witnesses and parties in interest by issuance and
service of subpoena, to require by subpoena the production of books,
records or other documents at any such hearing which may be pertinent
to matters to be determined by him and to enforce any such subpoena
or secure any order for the enforcement of any such subpoena as provided
by law. Determination shall be made within 10 days of the completion
of the hearing. The Officer shall issue an order either incorporating
the determinations and directions contained in the notice, modifying
the same or withdrawing the notice.
E.
Extensions of time. The Officer may extend the time for correction
or abatement of the violations for an additional period of time not
to exceed 30 days, except where major capital improvements or renovations
are involved, in which instance the time for completion may be extended
for a period not to exceed 90 days beyond the expiration date of the
original notice.
F.
Summary abatement in emergency; notice and hearing not required.
Where the violation or condition existing on the premises is of such
a nature as to constitute an immediate threat to life and limb unless
abated without delay, the Officer may either abate the violation or
condition immediately or order the owner, operator or occupant to
correct the violation or condition within a period of time not to
exceed three days, and, upon failure to do so, the Officer shall abate
the condition immediately thereafter.
G.
Referral of violations. Any violation of any related ordinance other
than this chapter discovered by an inspector shall be reported to
the Officer, who shall refer the alleged violation to the official
or agency responsible for the enforcement of such other ordinance.
H.
Where the Officer, after hearing, shall determine that there was
a violation, and a notice was served upon the owner, operator or occupant,
whether or not said violation was abated prior to the issuance of
an order, if thereafter, within the space of one year, there shall
be a second violation by the same owner, operator or occupant of the
same provision of this chapter discovered on the same premises, the
offender may be prosecuted on the second violation without the Officer
first giving notice and opportunity for a hearing to the owner, operator
or occupant by the filing of a complaint by the Officer in the Municipal
Court. Where the Officer has on two different occasions found violations
by the same owner, operator or occupant on the same premises and has
issued notices on each and has held at least one hearing and issued
an order thereon, upon discovering a third or subsequent violation
by the same owner, operator or occupant on the same premises within
the space of one year, whether of the same sections or of any other
sections of this chapter, he may thereupon prosecute the offender
by filing a complaint in the Municipal Court for the said third or
subsequent violation occurring within the said period of one year
without first providing notice and opportunity for a hearing by the
Officer.
I.
Effect of notice on owner. For the purposes of enforcement of this
chapter, the service of a notice on an owner, whether or not the owner
is also the operator, shall constitute notice of violations set forth
therein until said violations are abated in conformity with this chapter
and the other applicable ordinances of the City of Port Republic.
A.
Fines for violations. A violator of any section or subsection of
this chapter shall be punishable by a fine not to exceed $5,000 or
90 days in jail, at the discretion of the Judge of the Municipal Court,
for each violation committed hereunder.
B.
Meaning of "each violation." Each violation of a section or subsection
of this chapter shall constitute a separate and distinct violation
independent of any other section or subsection. Each day's failure
to comply with any such section or subsection shall constitute a separate
violation.
The repeal of any provisions of any other ordinances by this
chapter shall not affect any action for prosecution or abatement under
any such ordinance or any notice, complaint or order issued by any
officer or agency of the City prior to the effective date hereof or
concerning which any prosecution or other steps of enforcement have
been taken or are being taken within any administrative agency or
in the Municipal Court for enforcement thereof.
A.
Adoption of rules and regulations by Officer. The Officer is hereby
authorized and empowered to promulgate such written rules and regulations
as may be necessary for the proper interpretation and administration
of the provisions of this chapter, provided that such rules and regulations
do not conflict with this chapter and conform to the general standards
prescribed by this chapter. The Officer shall file copies of such
rules and regulations with the City Clerk, City Engineer and Fire
Chief and shall make available in the Officer's office a copy for
inspection by members of the public during regular business hours.
Such rules and regulations shall have the approval of the City Engineer
and Fire Chief, respectively, where the provisions thereof relate
to matters which are also in the jurisdiction of and supervision of
each officer. In case of conflict, the rule or regulation may be promulgated
by direction of the Mayor. Such rules and regulations shall have the
same force and effect as the provisions of this chapter, and the violations
thereof shall be enforced as violations of the express provisions
of this chapter, as herein provided.
B.
Annual review of chapter provisions and related activity. The Officer
shall, in the month of December of each year, review with the Fire
Chief, City Engineer and the City Counsel the procedure and operation
of this chapter and report to the Mayor and City Council on or before
January 1:
(1)
Any recommended amendment, addition or modification of provisions
of this chapter consonant with the field experience of the personnel
charged with enforcement.
(2)
A summary of the enforcement experience, indicating number of violations
abated, number of cases processed in the Municipal Court, number of
inspections made and such other and further pertinent information
as will provide the Mayor and City Council with an annual account
of progress in securing the standards required by this chapter.
(3)
Any further recommendation as to how this chapter and the procedure
and operations thereunder can be improved.
[Added 8-11-2020 by Ord. No. 07-2020]
It is determined that certain types of the bamboo plant are
invasive and often difficult to control, and such bamboo can and has
caused significant damage to properties in the City of Port Republic.
The purposes of this section are to preserve and protect private and
public property from the damaging spread of bamboo, to protect indigenous
and other plant materials from the invasive spread of bamboo, and
to maintain the general welfare of the residents of the City of Port
Republic.
A.
Prohibition.
No owner, tenant or occupant of a property, or person, corporation
or other entity, shall plant, install, cultivate, grow or cause or
permit the planting or installation of plant species commonly known
as "running bamboo" including, but not limited to, any bamboo in the
genus Phyllostachys, including Phyllostachys aureosulcata, upon any
property located within the City of Port Republic. For purposes of
this section, "running bamboo" means any monopodial bamboo that spreads
variously, sending out underground runners (rhizomes) which sometimes
range far from the parent plant. The definition refers to all parts
of the bamboo including the above ground plant, its roots and rhizomes.
For the purpose of enforcement of this section, running bamboo shall
be identified by the structure of growth and need not be by biological
identification.
B.
Duty to
confine. In the event any species commonly known as "running bamboo"
is located upon any property within the City of Port Republic, prior
to the effective date of this prohibition, the owner and/or occupant
of said property shall jointly and severally be required to confine
such species to prevent the encroachment, spread, invasion or intrusion
of same onto any other private or public property or public right-of-way.
In lieu of confining the species, the property owner and/or occupant
may elect to totally 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
bamboo property owner's and/or occupant's expense. This duty to confine
shall not apply if the property owner and/or occupant can establish
to the satisfaction of the Code Enforcement Officer that the bamboo
which is on his/her property at the time of the adoption of this section
originated on another property.
C.
Removal/confinement.
(1)
In
the event running bamboo is present on the effective date of this
prohibition and a complaint is received by the City regarding an encroachment
of any bamboo plant or root, and the Code Enforcement Officer of the
City, after observation and/or inspection, determines that there is
an encroachment or invasion on any adjoining/neighboring private or
public property or public right-of-way (hereinafter, "the affected
property"), the City shall serve notice to the bamboo property owner,
in writing, that the bamboo has invaded other private or public properties
or public rights-of-way and demand remediation of the encroachment
and/or removal of the bamboo from the affected property, and demand
approved confinement against future encroachment. Notice shall be
provided to the bamboo property owner, as well as to the owner of
the affected property, by certified, return-receipt-requested mail
and regular mail. Within 20 days of receipt of such notice, the bamboo
property owner shall submit to the Code Enforcement Officer of the
City, 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 45 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 of the City.
(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,
nor the institution of civil proceedings against the proper parties.
(3)
When
an encroachment is upon public property or a public right-of-way and
the bamboo property owner and/or occupant has not complied with the
written notice provided as set forth above, the City of Port Republic,
at its discretion, may remove or contract for the removal of such
bamboo from the City property or public right-of-way. The cost of
such removal shall be the responsibility of the bamboo property owner
and occupant 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 City-owned property and/or public right-of-way shall include the
installation of an appropriate barrier to prevent future bamboo invasion.
(4)
Upon
complaint or visual observation by Code Enforcement Officer of any
running bamboo already in existence on any property within the City
limits, to include private property, the property owner and/or occupant
shall take the necessary measures to the satisfaction of the Code
Enforcement Officer to ensure that the encroachment of the bamboo
and root system is prevented from encroaching on adjoining properties.
(5)
Whether
planted or growing in a container or contained within a barrier, all
bamboo plants shall be located, trimmed, and maintained so that no
part of the plant (including stalks, branches, leaves, and/or roots)
shall extend nearer than 40 feet to any adjoining or neighboring property,
curb, sidewalk, roadway, cartway, street, highway, right-of-way, storm
sewer, sanitary, sewer, septic system, or sources of water. The property
owner and/or occupant shall remove and abate the growth of the bamboo
within 40 feet of any adjoining or neighboring property, curb, sidewalk,
roadway, cartway, street, highway, right-of-way, storm sewer, sanitary
sewer, septic system, or sources of water within the City of Port
Republic.
D.
Replanting
prohibited. Any running bamboo either planted or caused to be planted
or existing on the effective date of this regulation may not be replanted
or replaced once such bamboo is or has become dead, destroyed, uprooted,
or otherwise removed.
