This article is adopted to control the planting, cultivation,
and/or growing of bamboo in the Borough 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 article, no
persons, residents, citizens, property owners and/or tenants of the
Borough shall plant, cultivate, or cause to grow any bamboo on any
lot and/or parcel of ground anywhere within the geographic boundaries
of the Borough, except as follows:
A. Where the root system of such bamboo plants is entirely contained
within a planter, barrel, concrete container, or other vessel with
a solid bottom of such design, material and location as to entirely
prevent the spread of growth of the bamboo plants' root system beyond
the container beyond which it is planted; and
B. All bamboo plants planted, cultivated, or caused to grow in accordance with Subsection
A above shall be located, trimmed and maintained so that no part of the plant shall be closer than 10 feet from any property line.
This article shall not apply to any landowner or possessor of said land who, prior to the effective date of this article, has planted or caused to grow any bamboo on any property within the boundaries of the Borough, unless the Code Enforcement Officer determines on his/her own, or upon complaint from any abutting or nearby property owner, 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 or any possessor of said land. If such occurs, the provisions of §
155-13 shall apply.
Whenever a complaint is received by the Borough regarding the
encroachment of any bamboo plant or root, or whenever the Borough,
based upon its observation and inspection, determines that there is
an encroachment of bamboo plants or roots onto the property of another
landowner or tenant in possession of the property, or both, the Borough
shall cause notice to be served and the following actions occur:
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 complete 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. First-class mail shall be deemed delivered within five calendar
days of its being mailed by the Borough.
B. The notice shall specify the nature of the violation(s).
C. The notice shall state that the violation(s) must be corrected within
20 calendar days from the date of the received or returned mailing.
D. The notice shall state specifically the actions that must be taken
by the responsible party to correct the violation(s).