[HISTORY: Adopted by the City Council of the City of Brigantine 8-3-2016 by Ord. No. 8-2016. Amendments noted where applicable.]
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 "running bamboo"
or "clumping (Sympodial) bamboo", including, but not limited to, the
following plant genera: Arundinaria, Bambusa, Chimonobambusa, Endrocalamus,
Fargesia, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella,
or Semiarundinaria upon any property located within the City of Brigantine.
In the event any species commonly known as "running bamboo"
or "clumping bamboo" is located upon any property within the City
of Brigantine, prior to the effective date of this prohibition, the
owner and occupant of said property shall jointly and severally be
required to 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. In lieu of confining the species, the property
owner or occupant may elect to totally remove the bamboo from the
property and all affected properties. Failure to properly confine
such bamboo shall require removal as set forth below. The cost of
said removal shall be at the bamboo property owner's expense.
This duty to confine shall not apply if the property owner and/or
occupant can establish to the satisfaction of the Code Enforcement
Officer that the bamboo, which is on his/her property at the time
of the adoption of this chapter, originated on another property.
A.
In the event running bamboo or clumping bamboo is present on the
effective date of this prohibition and a complaint is received by
the City regarding an encroachment of any bamboo plant or root, and
the Code Enforcement Officer of the City, after observation and/or
inspection, determines that there is an encroachment or invasion on
any adjoining/neighboring private or public property or public right-of-way
(hereinafter, "the affected property"), the City shall serve notice
to the bamboo property owner in writing that the bamboo has invaded
other private or public property(s) or public right-of-way(s) and
demand the removal of the bamboo from the affected property, and demand
approved confinement against future encroachment or, in the alternative,
the total removal from the bamboo property owner's property.
Notice shall be provided to the bamboo property owner, as well as
to the owner of the affected property, by certified, return receipt
requested mail and regular mail. Within 45 days of receipt of such
notice, the bamboo property owner shall submit to the Code Enforcement
Officer of the City, with a copy to the owner of the affected property,
a plan for the removal of the bamboo from the affected property, which
plan shall include restoration of the affected property after removal
of the bamboo. Within 120 days of receipt of the Code Enforcement
Officer's approval of the plan of removal and restoration, the
removal and restoration shall be completed to the satisfaction of
the Code Enforcement Officer of the City.
B.
If the bamboo property owner does not accomplish the removal of the
bamboo from such other private or public property or public right-of-way
in accordance herewith, the Code Enforcement Officer of the City of
Brigantine shall cause a citation to be issued with a penalty up to
$100 for each day the violation continues, enforceable through the
Municipal Court of the City of Brigantine. The Administrative Officer
may request, and the Municipal Court may grant, a specific performance
remedy. The City may also institute civil proceedings for injunctive
or civil relief.
C.
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 property parties.
D.
When an encroachment is upon public property or public right-of-way
and the bamboo property owner and/or occupant has not complied with
the written notice provided as set forth above, the City of Brigantine,
at its discretion, may remove or contract for the removal of such
bamboo from the City property or public right-of-way. The cost of
such removal shall be the responsibility of the bamboo property owner
and occupant and shall be paid or assessed as a lien against the property
on which the bamboo growth originated. The cost of said removal from
the City-owned property and/or public right-of-way shall include the
installation of an appropriate barrier to prevent future bamboo invasion.
Any running bamboo or clumping bamboo, either planted or caused
to be planted or existing on the effective date of this regulation,
may not be replanted or replaced once such bamboo is or has become
dead, destroyed, uprooted, or otherwise removed.
