[HISTORY: Adopted by the Mayor and Council of the Borough
of Old Tappan 5-15-2017 by Ord.
No. 1116-17. Amendments noted where applicable.]
This chapter is adopted to control the planting, cultivating
or growing of bamboo in the Borough of Old Tappan; 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 others in possession or control
of real property or tenants shall plant, cultivate or cause to grow
bamboo on any lot or parcel of land within the Borough of Old Tappan,
subject to the following exceptions:
A.
The root system of such bamboo plants is entirely contained within
an aboveground level planter, barrel, or other vessel of such design,
material and location so as to entirely prevent the spread or growth
of the bamboo plant's root system beyond the container in which it
is planted; and
B.
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
or right-of-way.
This chapter shall not apply to any landowner or possessor who,
prior to the effective date of this chapter, has planted or caused
to grow bamboo on any property within the Borough limits unless the
Code Enforcement Officer determines 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 landowner, tenant, or any possessor
of said land.
Whenever a complaint is received by the Borough regarding the
encroachment of any bamboo plant or root, or whenever the Borough
determines that there is an encroachment of bamboo plants or roots
onto the property of another, the Borough, through its delegated official,
shall forward a notice of violation to the alleged offending person,
property owner, or other in possession of such property (hereinafter
the "violator"), 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 served 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.
B.
The notice shall specify the nature of the violation.
C.
The notice shall state that the violation must be cured within 30
days from the date of the received or returned mailing.
D.
The notice shall state specifically what must be done by the violator
to correct the violation.
All ordinances of the Borough of Old Tappan which are inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such inconsistency.
A.
Any violator determined by any court of competent jurisdiction to
have violated this chapter shall be subject to pay a fine of not less
than $25 per day, nor more than $100 per day, for each day the violation
exists after the date for cure as set forth in the notice. Each day
of a continuing violation shall constitute a separate offense, for
which an additional fine can be levied. The per-day fine will be in
addition to a penalty for failure to comply with the Bamboo Ordinance.
This fine can be up $1,000.
B.
If the violation is not remedied within the time set forth in the
aforesaid notice, the Borough is hereby authorized, but not obligated,
to remove or have removed any encroaching bamboo and to take all reasonable
steps to eradicate the regrowth of the bamboo on the public rights-of-way,
including sidewalks, and to restore such land to its normal condition,
prior to such removal and eradication.
C.
The Borough's cost of the corrective action together with any
civil penalties, legal fees and other costs shall be recoverable from
the violator.
If any section, subsection, clause or phrase of this chapter
is for any reason held to be unconstitutional or invalid by any court
of competent jurisdiction, such decision shall not affect the remaining
portion of this chapter.
