[Adopted 12-10-2013 by L.L. No. 3-2013]
Purpose. The purpose of this Part 4 is to promote and protect the property, property values and welfare of the residents of the City of Glen Cove and their guests, and of the visitors to the City, and to protect the property and preserve the aesthetic qualities of the environment of the City of Glen Cove.
Intent. It is the finding of the City Council that the planting and/or the growing of bamboo within the City of Glen Cove 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 City 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 City; and that, therefore, in order to protect and preserve said environment and values, the City declares it necessary to regulate or prohibit the planting and/or growing of bamboo within the City.
Definitions. As used in this Part 4, the following terms shall have the meanings indicated:
- Any tropical or semitropical grass of the genera bambusa, dendrocalamus or of any other related genera.
- BAMBOO PROPERTY OWNER
- A property owner in the City 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 on his property that had initially encroached onto his property from an adjoining or neighboring property.
Applicability. For purposes of this Part 4, 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 on his property and he shall provide the Code Enforcement Official with proof, satisfactory to the Code Enforcement Official, 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 City of Glen Cove. Any person who thereafter plants or grows, or causes to be planted to grow, bamboo within the City shall be deemed to be in violation of this Part 4 and shall be subject to such penalties as are set forth hereunder.
Any bamboo which has been planted or otherwise permitted to grow on any property within the City of Glen Cove prior to the effective date of this Part 4 may remain on such property subject to compliance with § 235-83D(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 Part 4 does not encroach or grow upon any adjoining or neighboring property or properties, including all public property and rights-of-way held by the City, and shall be required to take such measures as are necessary to prevent such bamboo from invading or growing onto adjoining or neighboring properties. Such measures shall include but not be limited to the 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 City Council may from time to time prescribe such rules and regulations as may be necessary to give effect to this.
No bamboo property owner within the City of Glen Cove shall cause, suffer, or allow bamboo to be planted, maintained, or otherwise permitted to exist within 10 feet of any property line, street, sidewalk, or public right-of-way in a fashion that blocks or otherwise impedes lines of sight at intersections or impedes pedestrian access to City sidewalks, thoroughfares and rights-of-way.
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 City of Glen Cove, the City 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 City property and that the bamboo property owner is responsible for the removal of such bamboo from the City property. This notice shall be sent by certified mail, return receipt requested, and regular mail to the latest address of the bamboo property owner on file with the Building Department records or as available through other records of the City of Glen Cove.
In the event that the bamboo property owner does not remove or contract for the removal of said bamboo from the City property, or does not make an arrangement with the City for removal of such bamboo, within 30 days from the date the City first deposited the notice as provided in § 235-83E(1) above with the United States Postal Service, then the City, at its discretion, may remove or arrange for the removal of such bamboo from the City property. The bamboo property owner shall be liable and responsible to the City for the City's costs in removing the bamboo from the City 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 City on the bamboo property owner.
In the event that the City is compelled to undertake the removal or to contract for the undertaking of removal of bamboo, as provided for in § 235-83E(2) above, it will do so in a reasonably workmanlike manner. Neither the City 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 Part 4 shall be responsible for such damages.
In the event that bamboo growing on a bamboo property owner's property invades or grows on an adjoining or neighboring private property, the neighbor 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 his property and that the bamboo property owner is responsible for the removal of such bamboo from his neighbor's property. This notice shall be sent by certified mail, return receipt requested, and regular mail to the latest address of the bamboo property owner on file with the Building Department records or as available through other records of the City of Glen Cove.
Notice. If the provisions of § 235-83E(4) of the foregoing sections are not complied with, then the Director of Public Works shall serve written notice in person or by mail upon the owner, lessee or occupant or any person having the care or control of such lot or land to comply with the provisions of this section.
Noncompliance with notice. If the person upon whom the notice is served fails, neglects or refuses so to comply with such written notice and demand of the Director of Public Works within five days after service of such notice, the Director of Public Works shall cause such condition to be remedied, and the actual cost of such work, plus 50% for supervision and administration in connection therewith, shall be certified by the Director of Public Works to the Controller, and shall thereupon become and be a lien upon the property on which such violation of this section occurs, and shall be added to and become and form part of the taxes next to be assessed and levied upon said lot or land, and shall bear interest at the same rate as taxes and shall be enforced by the same officer, and in the same manner, as taxes.
Replanting prohibited, unless otherwise permitted and approved by the City Council. Any bamboo either planted or caused to be planted or existing on a property prior to the effective date of this Part 4 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 Part 4, the City shall give notice by reasonable means to all property owners in the City advising them of the enactment of this Part 4 and requesting that each property owner who would be deemed a bamboo property owner hereunder as of the effective date of this part notify the City in writing no later than 60 days after the date of the aforementioned notice from the City that bamboo is present on the property of such property owner and such other information as may be requested in the notice from the City.
Violations. Any property owner who violates any of the provisions of this Part 4 shall be guilty of a violation thereof. Each and every day that a violation of this part shall exist shall constitute a separate violation of this part.
Penalties. Any person or corporation violating any provision of this Part 4 shall be deemed guilty of a violation and, upon a first conviction, shall be punished by a fine of no less than $250 and no more than $1,000 for each day the violation exists; upon a second or subsequent conviction, by a fine of no less than $500 and no more than $2,000 for each day the violation exists.
In the event that any portion or portions of this Part 4 shall be determined to be invalid or unenforceable for any reason, the remainder of the part and its provisions shall remain in full force and effect.