[Adopted 11-6-2014 by Ord. No. 09-14]
The purpose of this article is to preserve and protect private
and public property from the damaging spread of bamboo grasses, protect
property and indigenous plant materials from the invasive spread of
bamboo and to maintain the general welfare of the residents of the
Borough of Mount Ephraim.
No owner, tenant or occupant of a property, or person, corporation
or other entity shall plant, install or cause or permit the planting
or installation of plant species commonly known as "bamboo-running"
upon any property located within the Borough of Mount Ephraim except
as provided for and in accordance with the provisions of this article.
A.
In the
event any species commonly known as "bamboo-running" is located upon
any property within the Borough of Mount Ephraim, the owner or occupant
of said property shall confine such species to prevent the encroachment,
spread, invasion or intrusion of same onto any other private or public
property or public right-of-way byway of a rhizome (underground stem)
barrier, which shall:
(1)
Be
constructed of concrete, metal or plastic, such as high-density polypropylene,
40 mil or heavier, glued or taped at junctions, or clamped with stainless-steel
clamps;
(2)
Be
at least three feet deep and project at least one inch above ground
level; and
(3)
Be
slanted outward at the top so that when the stems hit the barrier
they will bend upwards.
B.
Rhizomes
that arch or grow over the top of the barrier shall be cut off to
prevent the spreading thereof.
C.
Failure
to properly confine such bamboo in accordance with this section shall
require its complete removal.
In the event it is determined that there is an encroachment
or invasion on any adjoining private or public property or public
right-of-way, the Borough shall notice the bamboo property owner in
writing that the bamboo has invaded other private or public property
or public right-of-way and demand the removal of the bamboo from such
other private or public property or public right-of-way and the confinement
against future encroachment or the total removal of the bamboo from
the owner's property. Notice shall be provided by certified,
return-receipt-requested mail and regular mail. If the bamboo property
owner does not remove the bamboo from such other private or public
property or public right-of-way within 45 days of the date of notice,
the Code Enforcement Officer shall cause a citation to be issued,
enforceable through the Municipal Court of the Borough of Mount Ephraim,
as well as civil proceedings for injunctive or civil relief. Nothing
herein shall be interpreted as limiting the rights of a private property
owner to seek civil relief through a court of proper jurisdiction,
nor the institution of civil proceedings against the proper parties.
When an encroachment is upon public property or public right-of-way,
the Borough of Mount Ephraim, at its discretion, may remove or contract
for the removal of such bamboo from the Borough property or public
right-of-way, the cost of which shall be the responsibility of the
bamboo property owner and shall be assessed as a lien against the
property on which the bamboo growth originated. The cost of removal
from the Borough-owned property and or public right-of-way shall include
the installation of an appropriate barrier to prevent future bamboo
invasion.
