The Town of Orange, through the Board of Selectmen, has determined
that running bamboo, as defined herein, is a nuisance. The purpose
of this chapter is to preserve and protect private and public property
from the damaging spread of running bamboo grasses and to protect
indigenous plants and the wildlife they support from the invasive
spread of such bamboo.
As used in this chapter, the following terms shall have the
meanings indicated:
BUFFER ZONE
A distance of at least 100 feet from any abutting property
or public or private right-of-way.
ENFORCEMENT OFFICER
The Zoning Enforcement Officer and/or the Inland Wetlands
and Watercourses Enforcement Officer may enforce the provisions of
this chapter.
NOTICE
Any written notice by, from or on behalf of the Town, notifying the running bamboo owner(s) that they are in violation of this chapter and directing them to cure or fix the violation. Such notice shall conform with §
195-8 of the Town Code and shall be sent by certified mail, return receipt requested, addressed to the owner(s) listed on the current tax address on file with the Town. A copy may also be posted on the property in question.
RECEIPT OF NOTICE
Receipt of the notice required herein shall be three days
after the date of mailing of said notice, or, if applicable, posting
of the notice on the property in question, whichever is earlier.
RUNNING BAMBOO
Any bamboo in the genus Phyllostachys, including Phyllostachys
aureosulcata, including rhizomes.
RUNNING BAMBOO OWNER(S)
Any property owner(s) who, or which, have running bamboo
planted in the ground on their property, even if the Bamboo has spread
onto their property from an adjoining property.
TOWN
The Town of Orange, New Haven County, State of Connecticut.
Any property owner, whether a person, firm, corporation, or
other legal entity, violating any of the provisions of this chapter
shall be subject to the following penalties, upon conviction of such
violation:
A. A fine in the amount of $250 shall be assessed for each day on which
a noticed violation remains in existence beginning 30 days following
the receipt of notice.
B. Each day on which the violation occurs shall constitute a separate
offense under this chapter.
Any property owner receiving notice under this chapter may contest his or her liability before a citation hearing officer in accordance with §
195-8 of the Town Code.