[Ord. 829, 10/3/2016]
The provisions of this Part are enacted to control the planting, growing, or cultivating of certain species of plants in Fountain Hill Borough, so as to prevent the spread of noxious vegetation and its trespass onto public lands and rights-of-way, as well as private property. Therefore, it is the intent of this Part to ensure that the plant species named herein do not become a threat to the public health, safety and welfare.
[Ord. 829, 10/3/2016]
The following words and terms, as used in this Part, shall be construed and defined as follows, unless the context clearly indicates otherwise:
PLANT
A living organism exemplified by trees, flowers, grasses, shrubs, herbs, mosses, and ferns; and shall be understood to mean any and all of its parts, including, but not limited to: the roots, stem and stalk, leaves, seed pods, flowers and fruit.
RESTRICTED VEGETATION
Any plant that is determined by the Fountain Hill Borough Council to be injurious to public health or property; and shall be understood to include running bamboo.
RUNNING BAMBOO
All species of running bamboo, including, but not limited to: Acidosasa, Arundinaria, Bashania, Brachystachyum, Chimonobambusa, Gelidocalamus, Indocalamus, Indosasa, Ochlandra, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella, Semiarundinaria, Shibataea and Sinobambusa.
[Ord. 829, 10/3/2016]
1. 
No person owning, leasing, occupying, or having charge of any premises shall plant, grow, cause to grow, or in any way cultivate restricted vegetation thereon, subject to the following exceptions:
A. 
The root system of the restricted vegetation is entirely contained within an above-ground planter, barrel or other container of such design, material and location as to prevent the spread of the root system beyond the confines of said container; or
B. 
The root system of the restricted vegetation is in the ground, but is contained entirely within a barrier constructed in accordance with the following specifications:
(1) 
The barrier shall be composed of a high-density polypropylene or polyethylene, with a thickness of at least 40 millimeters;
(2) 
The barrier shall be secured and joined together by stainless steel clamps, or stainless steel closure strips, which are designed to be used with such a barrier according to manufacturer's specifications;
(3) 
The depth of the barrier shall be at least 30 inches below ground;
(4) 
The height of the barrier around its entire perimeter shall be at least three inches above ground; and
(5) 
The angle of the barrier shall slant outward from bottom to top.
2. 
For any restricted vegetation that is permitted under § 503, Subsection 1A or B, no part of such restricted vegetation shall be located less than 10 feet from any lot line. Any person owning, leasing, occupying, or having charge of any premises containing restricted vegetation as permitted under § 503, Subsection 1A or B shall remove all parts thereof which are less than 10 feet from any lot line.
[Ord. 829, 10/3/2016]
1. 
Whenever a complaint is received by the Borough of the presence of restricted vegetation in violation of § 503, or whenever the Borough on its own observations and inspections identifies the presence of restricted vegetation, the Borough shall take the necessary steps to verify that a violation of this Part has occurred. If a violation has occurred, the Borough shall give notice to the person owning, leasing, occupying, or having charge of the premises to control and/or remove the offending restricted vegetation.
2. 
The notice of violation shall be mailed by certified mail, return receipt requested, properly addressed and with sufficient postage. Notice by certified mail shall be deemed complete on the date of personal delivery. If the certified mail is marked "refused," "unclaimed," or otherwise undeliverable by the United States Postal Service, notice will be sent by regular mail and by posting the notice on the premises, and shall be deemed complete once the notice has been mailed and the premises posted.
3. 
The notice of violation shall specify the nature of the violation, and shall state specifically what must be done by the responsible party to correct the violation and come into compliance with this Part. The notice shall specify, as appropriate, the practices and processes to be followed and shall set a time frame for compliance. The notice shall state that failure to comply with the compliance time frame will result in the removal of the offending vegetation by the Borough and that the responsible party will be billed for all costs incurred by the Borough. The Borough may, in its discretion, elect to issue a citation daily until such time as the offending restricted vegetation is removed, and the notice should so advise the responsible party.
4. 
Compliance with the provisions of the notice of violation shall be subject to the inspection of the Borough Code Enforcement Officer.
[Ord. 829, 10/3/2016]
Any person violating the provisions of this Part shall, upon conviction thereof before any Magisterial District Justice, be subject to pay a fine of $100 per day for each day that the violation persists, as well as court costs, legal fees and any other fees incurred by the Borough to enforce this Part against the responsible party. Each day of a continuing violation shall constitute a separate offense, for which a separate fine shall be levied.