[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:
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
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:
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.
The notice shall specify the nature of the violation.
The notice shall state that the violation must be cured within 30 days from the date of the received or returned mailing.
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.
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.
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.
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.