[HISTORY: Adopted by the Board of Supervisors of the Township of Concord 10-2012 by Ord. No. 343. Amendments noted where applicable.]
Property maintenance — See Ch. 127.
Editor’s Note: This chapter was originally adopted as Ch. 126 but was renumbered to maintain the alphabetical organization of the Code.
The provisions of this chapter are enacted to control the planting, growing or cultivating of bamboo in the Township of Concord so as to control the introduction of bamboo in Concord Township as well as prevent the trespass of existing bamboo onto neighboring properties by requiring effective barriers.
Subject to the exemptions set forth in this chapter, no person, property owner, or tenant shall plant, cause to grow or cultivate any bamboo on any lot or parcel of ground located in Concord Township, subject to the following exceptions:
The root system of the bamboo plants are entirely contained within an aboveground planter, barrel or other container of such design, material and location as to prevent the spread of the bamboo's root system beyond the confines of the container in which it is contained; or
The root system is planted in the ground but is entirely contained within a barrier, constructed in accordance with the following specifications. Compliance with these specifications is subject to inspection by the Code Enforcement Officer.
The barrier itself shall be composed of a high-density polypropylene or polyethylene, with a thickness of at least 40 mils;
The barrier shall be secured and joined together by stainless steel clamps or stainless steel closure strips designed to be used with such barriers;
The barrier shall be installed at least 30 inches deep;
At least three inches of the barrier must protrude above ground level around the entire perimeter of the bamboo;
The barrier shall slant outward from bottom to top.
Whether planted or growing in a container, as described herein, all bamboo plants shall be located, trimmed and maintained so that no part of the plant is closer than 10 feet to any property line.
This chapter shall not apply to any land owner or possessor who, prior to the effective date of this chapter, had planted or caused to grow any bamboo on any property within the Township boundaries unless, upon determination of the Code Enforcement Officer, any portion of such bamboo has been allowed to grow upon or its roots, branches and/or stalks have extended onto or over any public way or another's private property.
Whenever a complaint is received by the Township regarding the encroachment of any bamboo plant or root, or whenever the Township on its own observations and inspections determines that there is an encroachment of bamboo plants or roots onto the property of another, public street or sidewalk, the Township shall give notice to the landowner or tenant in possession of the property to remove the offending bamboo plant or root system.
The notice shall be mailed by certified mail, return receipt requested, properly addressed and with sufficient postage. Notice by certified mail shall be deemed complete on the date of personal delivery. If the certified mail is marked "refused," "unclaimed" or otherwise undeliverable by the United States Postal Service, notice will be sent by regular mail and by posting the notice on the property.
The notice shall specify the nature of the violation.
The notice shall state that the violation must be corrected within 30 days from the date of mailing or posting the property, whichever is later.
The notice shall state specifically what must be done by the responsible party to correct the violation and come into compliance with this chapter.
The notice shall state that failure to comply within 30 days will result in the removal of the offending bamboo or root system by the Township and that the responsible party will be billed for all costs incurred by the Township. The Township may, in its discretion, elect to issue a citation daily until such time as the offending bamboo or root system is removed, and the notice should so advise the responsible party.
Any property owner or possessor of a property determined by any court of competent jurisdiction to have violated this chapter shall be subject to pay a fine of $100 per day for each day that the violation persists, as well as court costs, legal fees and any other fees incurred by the Township to enforce this chapter against the responsible party. Each day of a continuing violation shall constitute a separate offense, for which a separate fine shall be levied.