Village of Roslyn Harbor, NY
Nassau County
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[HISTORY: Adopted by the Board of Trustees of the Village of Roslyn Harbor 6-12-2017 by L.L. No. 2-2017. Amendments noted where applicable.]
Professional property management  — See Ch. 132.
Property maintenance — See Ch. 193.
Trees  — See Ch. 251.
Purpose. The purpose of this chapter is to promote and protect the property, property values and welfare of the residents of the Village of Roslyn Harbor and preserve the aesthetic qualities of the environment of the Village of Roslyn Harbor.
Intent. The Board of Trustees finds that the planting and/or the growing of invasive bamboo within the Village of Roslyn Harbor has been and will continue to be destructive to the natural environment, indigenous flora, and to structures, walks and properties within the Village that adjoin or neighbor those properties where bamboo has been planted and/or permitted to grow. The planting and growing of bamboo threatens the value and physical integrity of both public and private property in the Village. Therefore, in order to protect and preserve said environment and property values, the Village deems it necessary to regulate or prohibit the planting and/or growing of bamboo within the Village.
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any tropical or semitropical grass of the genera Bambusa, Dendrocalamus or of any other related genera.
A property owner in the Village who has planted or grown or caused to be planted or grown and/or who has permitted or permits the growing of bamboo on his property even though it initially was planted or grown on an adjoining or neighboring property.
Applicability. For purposes of this chapter, if bamboo is found growing upon a property it shall constitute presumptive evidence that the growing of bamboo on the property shall have occurred with the consent of the owner of such property.
Prohibition. After September 1, 2017, the planting of bamboo shall be prohibited within the Village of Roslyn Harbor. Any person who thereafter plants, or causes to be planted to grow, bamboo within the Village shall be deemed to be in violation of this chapter, and shall be subject to the penalties as are set forth hereunder.
Regulation. Any bamboo which has been planted or otherwise permitted to grow in any property within the Village of Roslyn Harbor prior to September 1, 2017, may remain on such property. However, each bamboo property owner shall be responsible to ensure that the bamboo planted or growing on his property prior to September 1, 2017, does not encroach or grow upon any adjoining or neighboring property or properties. This shall include all public property and rights-of-way held by the Village, and shall be required to take such measures as are reasonably expected to prevent such bamboo from invading or growing onto adjoining or neighboring properties. Such preventative measures shall include but not be limited to 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 or encroachment upon adjoining or neighboring property by said bamboo. The Board of Trustees may from time to time prescribe such rules and regulations of the measures to be take as may be reasonable and necessary.
Replanting prohibited. Any bamboo either planted or caused to be planted or existing on a property prior to the effective date of this chapter may not be replanted or replaced in kind once such bamboo is or has been, for any reason, dead, destroyed, uprooted or otherwise removed.
Removal on Village property.
In the event that bamboo growing on a bamboo property owner's property invades or grows on Village property, the Village shall notify the bamboo property owner in writing that the bamboo has invaded Village property, and the owner is responsible for the removal of such bamboo from the Village property.
In the event that the bamboo property owner does not remove or contract for the removal of said bamboo from Village property within 30 days from the receipt of written notice, then the Village, at its discretion, may remove or arrange for the removal of such bamboo from the Village property. The bamboo property owner shall be liable and responsible to the Village for all Village costs in removing the bamboo from the Village property, if unpaid for more than 30 days after demand for payment. Such costs will be assessed and a Village lien against the property of the bamboo property owner as a tax payable by such bamboo property owner.
In the event that the Village is compelled to undertake the removal, neither the Village nor its employees shall have any liability for damages or other claims to the bamboo property owner by reason of the removal of such bamboo. In the event such removal entails or causes damages to the flora or other property of a person other than the property of the bamboo property owner, the bamboo property owner in violation of this section shall be responsible for such damages.
Notification. The Village shall give notice by reasonable means to all property owners advising them of the enactment of this section.
Violations. Any property owner who violates any of the provisions of this chapter shall be guilty of a violation. Each and every day that a violation of this chapter shall exist shall constitute a separate violation of this chapter.
A violation of any provision of this chapter shall be punishable by a fine not to exceed $250 for each violation.
The Village may also pursue civil or injunctive relief, or pursue criminal penalties, irrespective of any determination to prosecute for a violation of this chapter.
In the event that any portion or portions of this chapter shall be determined to be invalid or unenforceable for any reason, the remainder of the chapter and its provisions shall remain in full force and effect.