[HISTORY: Adopted by the Board of Trustees of the Village of Flower Hill 8-1-2017 by L.L. No. 14-2017. Amendments noted where applicable.]
The Board of Trustees has been made aware of the potential detrimental effect upon the properties of the Village that may be created by the growth of bamboo and its encroachment into private and public spaces. This chapter is enacted to control the spread of bamboo and its detrimental effects.
The Board of Trustees also wants to ensure that only individuals responsible for the planting or installation of bamboo be held accountable. As such, copies of any violations issued pursuant to this chapter shall be maintained in the property file of each property for which a violation is issued, and copies shall also be maintained in a registry within the Village. As a result, the actual source of any bamboo may be more closely determined.
As used in this chapter, the following terms shall have the meanings indicated:
- Any species commonly considered to be classified as "bamboo," either "running" or "clumping," hereinafter defined as any tropical or semitropical monopodial (leptomorph) or sympodial (pachymorph) grasses, including, but not limited to, Arundinaria, Bambusa, Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus, Pseudosasa, Sas, Sasaella, and Semiarundinaria.
- ENFORCEMENT OFFICER
- All building officials, code enforcement officers, inspectors or other employees of the Village of Flower Hill authorized to enforce this code.
- PREEXISTING BAMBOO
- Bamboo planted or growing on a property prior to the effective date of this chapter.
Upon the effective date of this chapter, planting or installing bamboo shall be prohibited within the Village of Flower Hill. Any person who shall thereafter plant, install, or cause or permit the planting or installing of bamboo within the Village shall be deemed to be in violation of this section and shall be subject to the penalties set forth hereunder.
Any bamboo which has been planted, installed or otherwise permitted to grow in any property within the Village of Flower Hill prior to the effective date of this chapter may remain on such property, subject to compliance with this chapter. Property owners shall be responsible to ensure that preexisting bamboo does not encroach or grow upon any adjoining or neighboring property or properties, including all public property and rights-of-way held by the Village, and shall be required to take such reasonable measures to prevent such bamboo from invading or growing onto adjoining or neighboring properties. Such measures shall include installation of sheathing comprised of metal or other material impenetrable by bamboo at a sufficient depth within the property line or lines where the bamboo is planted or is growing to prevent the growth of encroachment upon adjoining or neighboring property by said bamboo.
Preexisting bamboo may not be replanted or replaced in kind once such bamboo is or has become, for any reason, dead, destroyed, uprooted or otherwise removed.
Any person, firm, corporation or public utility who violates any of the provisions of this chapter shall be guilty of a violation punishable by a fine of not less than $100 and not exceeding $500 for conviction of each violation. Each and every day that a violation of this chapter shall exist shall constitute a separate violation of this chapter.
A copy of each violation issued shall be maintained in the property file of the subject property. Additionally, the Village shall maintain a registry of such violations. With the issuance of each violation, a copy of such notice of violation shall also be maintained in the registry.
If any section, provision or part thereof in this chapter shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, then such adjudication shall not affect the validity of this chapter as a whole or any section, provision or part thereof not so adjudged invalid or unconstitutional.