[HISTORY: Adopted by the Board of Supervisors of the Township of Hilltown as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-26-2016 by Ord. No. 2016-003]
The purpose of this article is to control the planting, growing or cultivating of bamboo in Hilltown Township so as to prevent its spread onto public rights-of-way and/or neighboring properties and waterways. Therefore, it is the intent of this article to ensure that invasive growth of bamboo does not become a threat to the public health, safety and welfare of the residents of Hilltown Township.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BAMBOO
Any monopodial (running) tropical or semitropical grass of the genus Sasa. Pseudosasa and Pleioblastus, Phyllostachys ("running bamboo").
BAMBOO OWNER
Any property owner or resident who has planted and/or grows bamboo, or who maintains running bamboo on the property, or who permits bamboo to grow or remain on the property even if the running bamboo has spread to an adjoining property.
TOWNSHIP
The Township of Hilltown, County of Bucks, Commonwealth of Pennsylvania.
B. 
Applicability. For the purposes of this article, running bamboo found growing on a property constitutes presumptive evidence that the bamboo was planted and/or grown by and/or with the consent of the bamboo owner.
C. 
After the effective date of this article, running bamboo shall not be planted, within 20 feet of a property line, edge of pavement or traveled portion of a public roadway or a riparian buffer.
D. 
Any bamboo owner whose property contains running bamboo on the effective date of this article shall remove and abate the growth of running bamboo that has grown within 10 feet of a property line, edge of pavement or traveled portion of a public road.
E. 
Each bamboo owner shall be responsible to ensure that running bamboo planted or growing on the property does not encroach or grow closer than 10 feet of a property line, edge of pavement or traveled portion of a public road.
(1) 
When removing and destroying running bamboo, all rhizome disposal must be by incineration only. No composting or trash disposal of rhizomes shall be allowed.
Whenever a complaint is received by the Township regarding the encroachment of running bamboo in violation of this article, or whenever the Township on its own observations and inspections determines that there is encroachment of running bamboo in violation of this article, the Township shall give written notice to the bamboo owner to remove, cut or trim the offending running bamboo in accordance with the requirements of § 150-2.
A. 
The notice of encroachment shall be hand delivered or sent certified mail, return receipt requested, properly addressed and with sufficient postage, to the last known address of the bamboo owner. Notice by certified mail shall be deemed complete on the date of personal delivery. If the certified mail is marked "refused," "unclaimed," or otherwise undeliverable by the United States Postal Service, notice will be sent by regular mail and by posting the notice in a conspicuous location at the bamboo owner's property.
B. 
The notice shall specify the nature of the violation and that the violation must be corrected within 30 days from the date of mailing or posting of the property, whatever is later.
C. 
The notice shall state specifically what must be done by the responsible party to correct the violation and come into compliance with this article.
D. 
The notice shall state the failure to comply within 30 days will result in the removal of the offending running bamboo by the Township and that the bamboo owner will be billed for all costs incurred and may be subject to a civil penalty of up to a maximum of $300 for each day that the bamboo owner is in violation of this article. Such costs may be assessed against the bamboo property owner, and in the event that the costs remain unpaid more than 30 days after the demand of payment has been made by the Township on the bamboo owner, the Township may file a municipal lien against the property of the bamboo owner for these costs, plus interest, fees, and expenses, as allowed by law.
E. 
In the event that the Township is compelled to undertake the removal of bamboo, as provided for above, neither the Township nor its employees, contractors, or agents shall have any liability to the bamboo owner for any damages or other claims arising out of the removal of such running bamboo. In the event such removal entails or causes damage to the property of any other person or entity other than the bamboo owner, the bamboo owner shall be responsible for such damages.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this article shall be assessed a civil penalty of up to a maximum of $300 per day plus all costs, including reasonable attorneys' fees incurred by the Township as a result thereof. If the penalty imposed for the violation of this article is not voluntarily paid to the Township, the Township shall initiate a civil enforcement proceeding before a Magisterial District Judge by complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. In addition to or in lieu of civil actions before a Magisterial District Judge, the Township may enforce this article in equity. In any case where a penalty for a violation of this article has not been timely paid and the person upon whom the penalty was imposed is found to have been liable therefor in civil proceedings, the violator shall be liable for the penalty imposed, including additional daily penalties for continuing violations, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceeding.
If any provision of this article is invalid for any reason, including preemption by state or federal law, the remaining provisions of this article shall apply.