[HISTORY: Adopted by the Town Board of the Town of Huntington 4-9-2013 by L.L. No.
8-2013. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance; nuisances — See Ch. 156.
The purpose of this Chapter is to preserve and protect private
and public property from the damaging spread of certain running bamboo
grasses, protect indigenous plant materials from the invasive spread
of running bamboo and maintain the general welfare of the residents
of the Town of Huntington.
As used in this chapter, the following terms shall have the
meanings indicated:
RUNNING BAMBOOHereinafter defined as any tropical or semi-tropical grasses with monopodial (leptomorph) rhizome (root) systems which typically send off rhizomes far away from the plant including, but not limited to, the following plant genera: Arrow Bamboo, Arundinaria, Bambusa, Chimonobambusa, Common Bamboo, Golden Bamboo, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella, and Semiarundinaria.
CLUMPING BAMBOOHereinafter defined as any tropical or semi-tropical or sympodial podial (pachymorph) grasses which typically send off rhizomes near the base of the plant, including, but not limited to, Bambusa, Chusquea, Dendrocalamus, Drepanostachyum, Fargesia, Himalayacalamus, Otatea, Thamnocalamus, Thyrostachys and Yushania.
Any property owner or resident who has planted and/or grows
Bamboo, or who maintains Bamboo on the property, or who permits Bamboo
to grow or remain on the property even if the Bamboo has spread from
an adjoining property. Any property owner or resident at whose property
Bamboo is found will be considered a Bamboo Owner, except any property
owner or resident who:
Did not plant or grow or cause Bamboo to be planted or grown
on his property, and
Has provided satisfactory proof to the Town of Huntington that,
within a reasonable period of time after discovering the encroachment
of Bamboo onto the property from an adjoining or neighboring property,
advised the owner of such property of an objection to the encroachment
of the Bamboo, and
Has initiated steps for the removal of the Bamboo from the property,
including remedies at law.
In the event Bamboo is found to have encroached, spread, invaded
or intruded upon any other property or right of way, said species
shall be presumed to be classified as "running bamboo." This presumption
shall be rebuttable.
For the purposes of this Section, Bamboo found growing upon
a property shall constitute presumptive evidence that the Bamboo was
planted and/or grown by and/or with the consent of the Bamboo Owner.
Upon the effective date of this provision the planting of "running
bamboo" shall be prohibited within the Town of Huntington. Any person
who thereafter plants or causes to be planted any such "running bamboo"
within the Town of Huntington shall be deemed to be in violation of
this Section and shall be subject to such penalties as are set forth
hereunder.
In the event any species of Bamboo is located upon any property
within the Town of Huntington, the owner or occupant of said property
shall confine such species to prevent the encroachment, spread, invasion
or intrusion of same onto any other property or right of way.
Any Bamboo that has been planted or otherwise permitted to grow
on any property within the Town of Huntington prior to the effective
date of this Section may remain on such property subject to compliance
with this Section.
A.
Bamboo shall not be planted, maintained or otherwise be permitted
to exist within ten (10) feet of the edge of the pavement or traveled
portion of any public roadway in the Town of Huntington, and
B.
Any Bamboo Owner whose property contains Bamboo shall remove and
abate the growth of the Bamboo within ten (10) feet of the edge of
the pavement or traveled portion of a public road in the Town of Huntington,
and
C.
Each Bamboo Owner shall be responsible to ensure that the Bamboo
planted or growing on the property prior to the effective date of
this Section does not encroach or grow upon any adjoining or neighboring
property or properties, including all public property and Town of
Huntington rights-of-way, and
D.
Each Bamboo Owner 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,
but not be limited to, installation of sheathing impenetrable by Bamboo
at a sufficient depth within the property line or lines where the
running bamboo is planted or is growing to prevent the growth or encroachment
upon adjoining or neighboring property by the Bamboo, and
E.
The Town Board may from time to time prescribe such rules and regulations
as may be necessary to give effect to this Section.
A.
Notice. In the event that Bamboo growing on a Bamboo Owner's
property invades or grows on an adjoining or neighboring property
that is owned or held on behalf of the Town of Huntington or its Trustees,
the Director of Public Safety on behalf of the Town of Huntington
or its Trustees shall notify the Bamboo Owner in writing that the
Bamboo has invaded the Town of Huntington property and that the Bamboo
Owner is responsible for the removal of such bamboo from the Town
of Huntington property within thirty (30) days. Such period may be
extended for good cause shown, as long as it can be demonstrated that
remedial measures have been started and the delay is not under the
control of or due to the actions of the person to whom the notice
has been issued. The Bamboo Owner shall be liable and responsible
to the Town of Huntington for all costs incurred in removing the bamboo
from the Town of Huntington property. Such costs may be assessed against
the property of the Bamboo Owner.
B.
Service of the notice. The notice shall be served either personally
in accordance with the CPLR or by registered or certified mail, return
receipt requested, and addressed to the property owner at the last
address shown on the most current assessment roll of the Town Assessor
and/or Receiver of Taxes, or to the owner's agent at the last
known address, or to the occupant of the property, or person having
a vested or contingent interest in the property as shown on the most
current assessment roll of the Town Assessor and/or Receiver of Taxes.
A copy of the notice shall also be posted at the Bamboo Owner's
property.
C.
Action upon noncompliance. Upon the failure, neglect or refusal of
such owner, agent, or person or business entity occupying the premises
to remove, remedy or abate the bamboo nuisance within the specified
period of time; or if the mailing is returned by the Post Office because
of the inability to make delivery for any reason, as long as the notice
was properly addressed, the Director of Public Safety may refer the
matter to the Administrative Hearing Officer appointed by the Town
Board for further action. The Administrative Hearing Officer shall
conduct a hearing concerning the premises within fifteen (15) days
of receipt of a referral from the Director of the Department of Public
Safety.
D.
Administrative Hearing. Upon referral to the Administrative Hearing
Officer, the Public Safety Department code enforcement officer shall
present a report on the status of the property where the bamboo nuisance
is alleged to exist; the owner and/or agent of the owner of the affected
property shall have the opportunity to present relevant evidence to
the Administrative Hearing Officer, with or without legal counsel.
A record shall be kept of such hearing including without limitation
all documentary evidence presented together with a record of the testimony
offered by any witnesses, who shall be duly sworn by the Administrative
Hearing Officer prior to offering testimony. The decision of the Administrative
Hearing Officer shall be issued within fifteen (15) days of the last
day of the hearing conducted, thereon, and, it shall be filed with
the Office of the Huntington Town Clerk and mailed to the person(s)
to whom the original notice was served by regular mail and by registered
or certified mail, return receipt requested, within five (5) days
of the date of the decision.
E.
Action of the Administrative Hearing Officer. The Administrative
Hearing Officer appointed by the Town Board, may direct the Bamboo
Owner whose property has caused the bamboo nuisance to remove, remedy
or abate the bamboo nuisance within thirty (30) days of receipt of
a copy of the decision of the Administrative Hearing Officer, and
upon the failure, neglect or refusal of such person or business entity
to comply with the decision of the Administrative Hearing Officer,
the Director of Public Safety may direct Town personnel, to remove,
remedy or abate the nuisance, by whatever means deemed necessary or
proper by the Town, at the expense of the property owner, or his agent
and/or the occupier of land. A copy of the Public Safety Director's
directive to Town personnel to proceed shall be mailed by certified
or registered mail, return receipt requested, and addressed to the
property owner at the last address shown on the most current assessment
role on file in the Office of the Town Assessor and/or the Receiver
of Taxes, or to the owner's agent at the last known address,
and/or to the person or business entity occupying the land at the
location of the property.
F.
Removal of the nuisance. Upon the failure, neglect or refusal of
the owner, his agent, or person, or business entity occupying the
premises to remove, remedy or abate such nuisance within the period
provided by the decision of the Administrative Hearing Officer, or
if the mailing is returned by the Post Office because of the inability
to make delivery for any reason, as long as the notice was properly
addressed, Town personnel may enter the property, upon reasonable
notice, and take all necessary action to remove or abate the nuisance
at the expense of the property owner, his agent, or occupier of the
land as set forth in this article.
G.
Any person or business entity who resists, obstructs or impedes the
agents, servants, officers and/or employees of the Town of Huntington
in the remediation or removal process shall be in violation of this
article and shall be subject to the fines and penalties provided herein.
H.
Liability for the costs of removal and/or abatement. The property
owner, or his agent, and/or person or business entity who occupies
the land shall be liable for the direct and indirect costs of abating
the nuisance and all expenses incidental thereto, including but not
limited to, an administrative fee equal to twenty-five (25%) percent
of the total cost of said removal, remediation and/or disposal process.
Said administrative fee is intended to reimburse the Town for the
monies and time expended by its employees in abating the nuisance
and collecting the sums due, including but not limited to, notifying
the appropriate party, certifying the amounts due to the Town, and/or
charging same against the property.
I.
The costs incurred by the Town as set forth herein shall be certified
by the Director of each Town department providing services and the
Town Attorney shall mail written notice of such costs by certified
or registered mail, return receipt requested, to the owner of the
premises at the last address shown on the most current assessment
role on file in the Office of the Town Assessor, or to the owner's
agent at the last known address, and/or to the occupier of the premises
at the location of the property. Said notice shall further state that
upon the failure of the property owner, his agent, and/or occupier
to pay such sums within ten (10) days of receipt of such written notice
by cash, certified or bank check, or money order, shall be sufficient
cause to add the amount due to the tax bill without further notice.
J.
Recovery of costs and tax lien. In the event the property owner,
his agent and/or the occupier of the land fails, refuses and/or neglects
to pay the monies due and owing to the Town within said ten-day period,
or if the mailing is returned by the Post Office because of the inability
to make delivery for any reason, as long as the notice was properly
addressed, such certification of costs shall be provided to the Town
of Huntington Tax Receiver who shall cause the costs as shown thereon
to be charged against such lands without further notice. The amount
so charged shall forthwith become a lien against such lands and shall
be added to and become part of the taxes next to be assessed and levied
upon such lands, the same to bear interest at the same rate as taxes,
and shall be collected and enforced by the same officers and in the
same manner as taxes.
Any Bamboo either planted or caused to be planted or existing
on a property prior to the effective date of this Chapter may not
be replanted or replaced in kind once such running bamboo is or has
become, for any reason, dead, destroyed, uprooted or otherwise removed.
[Amended 11-6-2019 by L.L. No. 56-2019]
(A)
Any person or entity violating any provisions of §§ 156A-5 and 156A-9, prohibiting the planting and/or replanting of running bamboo shall be guilty of an offense and, upon conviction, shall be subject to a fine of not less than seven hundred fifty ($750) dollars nor more than one thousand five hundred ($1,500) dollars. Each month's continued violation shall constitute a separate additional offense. Any person or entity found by the Bureau of Administrative Adjudication to have violated any provisions of §§ 156A-5 and 156A-9 shall likewise be subject to a monetary penalty within the range of fines authorized hearin for any offense or continuing offense.
(B)
Any person or entity violating any provisions of §§ 156A-6, 156A-7 and 156A-8 prohibiting the maintaining, growing or failure to remove running bamboo in violation of these regulations shall be deemed guilty of an offense and, upon conviction, shall be subject to a fine of not less than two hundred fifty ($250) dollars and not more than five hundred ($500) dollars. Each month's continued violation shall constitute a separate additional violation. Any person or entity found by the Bureau of Administrative Adjudication to have violated any provisions of §§ 156A-6, 156A-7 and 156A-8 shall likewise be subject to a monetary penalty within the range of fines authorized herein for any offense or continuing offense.
