[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.]
A.Â
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.
B.Â
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.
All building officials, code enforcement officers, inspectors
or other employees of the Village of Flower Hill authorized to enforce
this code.
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.
