This chapter is adopted to control the planting, cultivating
or growing of bamboo in the Borough of Emerson; and to require barriers
to prevent the spread of existing bamboo into other areas of the Borough.
Subject to certain exemptions set forth in this chapter, no
persons, or other property owners or tenants, shall plant, cultivate,
or cause to grow any bamboo on any lot or parcel of ground in the
Borough of Emerson, subject to the following exceptions:
A. The root system of such bamboo plants is entirely contained within
an above-ground-level planter, barrel, or other vessel of such design,
material, and location as to entirely prevent the spread of growth
of the bamboo plants' root system beyond the container in which it
is planted; or
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. The root system is contained within a properly constructed and maintained
barrier system.
C. 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 shall be 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, has planted or caused
to grow any bamboo on any property within the Borough limits unless
the Code Enforcement Official determines, on his own or upon complaint
from any abutting or nearby property owner, that any portion of such
bamboo has been allowed to grow upon, extend roots across, or extend
branches, stalks or leaves over any public way or any private property
not owned by or in the possession of such land owner or any possessor
of said land.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Whenever a complaint is received by the Borough regarding the
encroachment of any bamboo plant or root, or whenever the Borough,
on its own observations and inspections, determines that there is
an encroachment of bamboo plants or roots on to the property of another
land owner, or tenant in possession of the property, or both, the
Borough shall cause notice to be served, which notice shall be substantially
as follows:
A. The notice shall be mailed by certified mail, return receipt requested,
properly addressed and with sufficient postage, and also by first-class
mail. Notice by certified mail shall be deemed complete on the date
of personal delivery, or the date the certified mail is marked refused
or unclaimed or otherwise undeliverable by the United States Post
Office, when the first-class mail was not returned.
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 the received or returned mailing.
D. The notice shall state specifically what must be done by the responsible
party to correct the violation.