The purpose of this article is to protect and promote the public health through the control of the growth of invasive plant species.
[Adopted 12-12-2012 by Ord. No. 21-2012]
As used in this article, the following terms shall have the meanings indicated:
All native and non-native vines and vegetation that grow out of place and are competitive, persistent, and pernicious. These plants may damage trees, vegetation or structures. Examples include but are not limited to bamboo (spreading or running type), ragweed, multi flora rose and kudzu vine.
All persons must control the growth of invasive plants. Failure to control the spread of such vegetation beyond the boundaries of a resident's property is a violation of this article.
All places and premises in the Township of Wall shall be subject to inspection by the enforcing officer. Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Township of Wall. Such inspection shall be made if that official has reason to believe that any section of this article is being violated.
A.
Whenever an invasive plant as defined by this article is found on any plot of land, lot or any other premises or place, a violation shall be given to the owner, in writing, to remove or abate the same within one year of notification.
B.
The cost of abatement shall be borne by the property owner.
C.
If the owner fails to comply with such notice within the time specified therein, the enforcing official may remove or otherwise control the invasive plant species and the Township may thereafter recover the cost of such removal from the property owner and place a lien on the property to recover the cost of invasive plant removal.
D.
Any person who violates or fails to comply with any provision of this article shall be subject to the following penalties:
(1)
A fine of not more than $1,250, provided that the minimum mandatory fine for a first offense under this article shall be $250; the minimum mandatory penalty for a second offense under this article shall be $500; and the minimum mandatory fine for a third or subsequent offense under this article shall be $1,250; or
(2)
Imprisonment for a term of not more than 90 days or community service in the Township's recycling program for a period of not more than 90 days; or
(3)
Both a fine and imprisonment or, as an alternative to imprisonment, community service.