[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.
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.