[HISTORY: Adopted by the Township Council of the Township
of Burlington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-9-2018 by Ord. No. 2018-OR-024]
No owner, tenant or occupant of a property, or person, corporation
or other entity, shall plant, install or cause or permit the planting
or installation of invasive bamboo, specifically the species commonly
known as "running bamboo," upon any property located with the Township.
For the purposes of this section, "bamboo" means any bamboo in the
genus Phyllostachys, including Phyllostachys aureosulcata.
In the event that bamboo is located upon any property within
the Township, prior to the effective date of this prohibition, the
owner and/or occupant of said property shall jointly and severally
be required to confine such species to prevent the encroachment, spread,
invasion or intrusion of same onto any other property or public right-of-way.
In lieu of confining the species, the property owner or occupant may
elect to totally remove the bamboo from the property and all affected
properties. The failure to properly confine such spread of bamboo
shall require removal as set forth below. The cost of said removal
shall be at the property owner's expense.
A.
In the event a complaint is received by the Township regarding an
encroachment of bamboo, and the Housing and Code Enforcement Officer,
or his or her designee ("Officer"), after observation and/or inspection,
determines that there is an encroachment on any adjoining/neighboring
property ("affected property"), the Officer shall serve written notice
on the property owner, by hand delivery, posting violation notice
on the property, or by certified and/or regular mail, that the bamboo
has invaded the affected property and demand both remediation of the
affected property, its restoration, and measures to prevent any future
encroachment. Within 45 days of receipt of such notice, the property
owner shall submit to the Officer a remediation plan, which plan shall
include both removal of the bamboo and restoration of the affected
property upon the completion of the remediation. Within 120 days of
the receipt of the Officer's approval of the plan of remediation
and restoration, the remediation and restoration shall be completed
to the Officer's satisfaction.
B.
If the property owner does not accomplish the remediation of the
affected property, the Officer shall issue a violation notice with
a penalty of up to $100 for each day the violation continues, enforceable
through the municipal court. The Township may also institute civil
proceedings for injunctive or civil relief.
C.
Nothing herein shall be interpreted as limiting the rights of an
affected property owner from seeking judicial relief.
D.
If the property owner fails to comply with the written notice, the
Township, at its discretion, may remove or contract for the removal
of such bamboo. The cost of such removal shall be the responsibility
of the property owner and if not paid may be assessed as a lien against
the property on which the bamboo growth originated.
Any bamboo existing on the effective date of this regulation
may not be replanted or replaced once such bamboo has died, been destroyed,
uprooted, or otherwise removed.
The prohibition shall not apply, where the root system of a
bamboo plant is entirely contained and confined within an aboveground
planter, barrel, or other vessel of such design, material and location
as to entirely prevent the spread of growth of the root system beyond
the container in which the bamboo is planted.
