[HISTORY: Adopted by the Borough Council of the Borough of
Lodi 7-25-2017 by Ord. No. 2017-14. Amendments noted where applicable.]
This chapter is adopted to control the planting, cultivating
or growing of bamboo in the Borough of Lodi, 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 tenants, shall plant, cultivate,
or cause to grow any bamboo on any lot or parcel of ground in the
Borough of Lodi, 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 as to entirely prevent the spread of growth
of the bamboo plants' root system beyond the container beyond
which it is planted; or
B.
The root system is contained within a properly constructed and maintained
barrier system.
C.
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 from any property line.
This chapter shall not apply to any land owner or possessor
who, prior to the effective date of this chapter, has planted or caused
to grow any bamboo on any property within the Borough limits unless
the Code Enforcement Officer determines, on his 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 land owner 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,
on its own observations and inspections, determines that there is
an encroachment of bamboo plants or roots onto the property of another
land owner or tenant in possession of the property, or both, 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 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, when the first class mail was not returned.
B.
The notice shall specify the nature of the violation.
C.
The notice shall state that the violation must be corrected within
30 days from the date of the received or returned mailing.
D.
The notice shall state specifically what must be done by the responsible
party to correct the violation.
A.
Any person determined by any court of competent jurisdiction to have
violated this chapter shall be subject to pay a fine of $100 per violation.
A separate violation shall occur for each thirty-day period during
which the violation exists after the date for removal as set forth
in the notice which was sent to violator. Each thirty-day period of
a continuing violation shall constitute a separate offense for which
an additional fine can be levied.
B.
If the violation is not remedied within the time set forth in the
aforesaid notice, the Borough is hereby authorized 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 cost of the corrective action together with any civil penalties,
legal fees and other costs shall be recoverable from the responsible
party and shall be a lien on the subject property and levied by the
Borough Tax Collector.
If any provision of this chapter, or the application of any
such provision to any person or circumstances, shall be held invalid,
the remainder of this chapter to the extent it can be given effect,
or the application of such provision to persons or circumstances other
than those to which it is held invalid, shall not be affected thereby,
and to this extent the provisions of this chapter are severable.
All ordinances or parts of ordinances which are inconsistent
with any provisions of this chapter are hereby repealed as to the
extent of such inconsistencies.
This chapter shall take effect 10 days after adoption and publication
in the manner prescribed by law.
