Purpose. The purpose of this chapter is to promote and protect the
property, property values and welfare of the residents of the Village
of Babylon and their guests, and of the visitors to the Village, and
to protect the property and preserve the aesthetic qualities of the
environment of the Village of Babylon.
Intent. It is the finding of the Board of Trustees that the planting
and/or the growing of bamboo, a plant not indigenous to the Fire Island
National Seashore, within the Village of Babylon has been and will
continue to be destructive to the natural environment, including indigenous
flora, and destructive to structures and walks on properties within
the Village adjoining and neighboring those properties where bamboo
has been planted and/or permitted to grow; that because of these effects
the planting and the growing of bamboo threatens the value and physical
integrity of both public and private property in the Village; and
that 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 bamboo within the Village.
A property owner in the Village who has planted or grown
or caused the planting or growing of bamboo on his property and/or
permitted or permits the growing of bamboo of his property that had
initially encroached onto his property from an adjoining or neighboring
property.
Applicability. For purposes of this section, if bamboo is found growing
upon a property that shall constitute presumptive evidence that the
growing of bamboo on the property shall have occurred with the consent
of the owner of such property, except that such property owner shall
not be presumed to be a bamboo property owner if the property owner
did not plant or grow or cause said bamboo to be planted or grown
in 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 bamboo 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 bamboo onto his property and/or initiated steps
for the removal of the bamboo from his property.
Prohibition. Effective upon the date this provision shall become
law, the planting or growing of bamboo shall be prohibited within
the Village of Babylon. Any person who thereafter plants or grows,
or causes to be planted to grow, bamboo within the Village shall be
deemed to be in violation of this section, and shall be subject to
such penalties as are set forth hereunder.
Regulation. Any bamboo which has been planted or otherwise permitted to grow in any property within the Village of Babylon prior to the effective date of this chapter may remain on such property subject to compliance with this § 270-2. Each bamboo property owner shall be responsible to ensure that the bamboo 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, and shall be required to take such measures as are reasonably expected to prevent such bamboo from invading or growing onto adjoining or neighboring properties. Such measures shall include installation of sheathing comprised of metal or other material impenetrable by bamboo at a sufficient depth within the property line or lines where the bamboo is planted or is growing to prevent the growth or encroachment upon adjoining or neighboring property by said bamboo. The Board of Trustees may from time to time prescribe such rules and regulations as may be necessary to give effect to this.
In the event that bamboo growing on a bamboo property owner's
property invades or grows on an adjoining or neighboring property
that is owned or held on behalf of the Village of Babylon, the Village
shall notify the bamboo property owner that the bamboo said owner
had planted or caused to plant or had permitted to grow on his property
has invaded Village property, and that the bamboo property owner is
responsible for the removal of such bamboo from the Village property.
This notice shall be sent by certified mail, return receipt requested,
and by regular mail to the latest address of the bamboo property owner
on file with the Village Clerk and a copy of the notice shall also
be left in a conspicuous location on the bamboo property owner's
property in the Village of Babylon.
In the event that the bamboo property owner does not remove or contract for the removal of said bamboo from the Village property, or does not make an arrangement with the Village for removal of such bamboo within 30 days from the date the Village first deposited the notice as provided in Subsection E(1) above with the United States Postal Service, then the Village, at its discretion, may remove or arrange for the removal of such bamboo from the Village property. The bamboo property owner shall be liable and responsible to the Village for the Village's costs in removing the bamboo from the Village property. Such costs may be assessed against the property of the bamboo property owner as a tax payable by such bamboo 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 bamboo property owner.
In the event that the Village is compelled to undertake the removal or to contract for the undertaking of removal of bamboo, as provided for in Subsection E(2) above, neither the Village nor its employees shall have any liability for damages or other claims to the bamboo property owner by reason of the removal of such bamboo. In the event such removal entails or causes damages to the flora or other property of a person other than the property of the bamboo property owner, the bamboo property owner in violation of this section shall be responsible for such damages.
Replanting prohibited. Any bamboo either planted or caused to be
planted or existing on a property prior to the effective date of this
section may not be replanted or replaced in kind once such bamboo
is or has become, for any reason, dead, destroyed, uprooted or otherwise
removed.
Notification. 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 section
and requesting that each property owner who would be deemed a bamboo
property owner hereunder as of the effective date of this section
notify the Village in writing no later than 60 days after the date
of the aforementioned notice from the Village that bamboo is present
on the property of such property owner and such other information
as may be requested in the notice from the Village.
Violations. Any property owner who violates any of the provisions
of this section shall be guilty of a violation thereof. Each and every
day that a violation of this section shall exist shall constitute
a separate violation of this section.
The Village may also pursue civil or injunctive relief, or pursue
criminal penalties, irrespective of any determination to prosecute
for a violation of this section.
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.