[HISTORY: Adopted by the Board of Supervisors of the Township
of Concord 10-2012 by Ord. No. 343. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 127.
[1]
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.
A.
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:
(1)
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
(2)
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.
(a)
The barrier itself shall be composed of a high-density polypropylene
or polyethylene, with a thickness of at least 40 mils;
(b)
The barrier shall be secured and joined together by stainless
steel clamps or stainless steel closure strips designed to be used
with such barriers;
(c)
The barrier shall be installed at least 30 inches deep;
(d)
At least three inches of the barrier must protrude above ground
level around the entire perimeter of the bamboo;
(e)
The barrier shall slant outward from bottom to top.
B.
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.
A.
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.
B.
The notice shall specify the nature of the violation.
C.
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.
D.
The notice shall state specifically what must be done by the responsible
party to correct the violation and come into compliance with this
chapter.
E.
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.
