[Adopted 7-11-2018 by Ord. No.
08-2018]
The purpose of this article is to protect and promote the public
health through the control of the growth of invasive plant species.
Failure to control the spread of such invasive plants beyond the boundaries
of a resident's property is a violation of this article.
As used in this article, the following terms shall have the
meanings indicated:
The Borough Code Enforcement Officer or his or her designee.
All native and non-native vines and vegetation that grow
out of place and are competitive, persistent and pernicious. These
plants may damage trees, vegetation, other plant materials or structures.
Examples include but are not limited to Japanese knotweed (Polygonum
cuspidatum), running (monopodial) bamboo, clumping (sympodial) bamboo,
multiflora rose, Kudzu vine and poison ivy and oak.
All persons must control the growth of invasive plants. Failure
to control the spread of such vegetation beyond the boundaries of
a resident's property is a violation of this article.
All places and premises in the Borough of the Atlantic Highlands
shall be subject to inspection by the enforcing officer. Such inspections
shall be performed by such person, persons or agency duly authorized
and appointed by the Borough of Atlantic Highlands. Such inspection
shall be made if that official has reason to believe that any section
of this article is being violated.
In the event invasive plants are present on the date of adoption
of this article and a complaint is received by the Borough regarding
an encroachment of any invasive plant, and the Code Enforcement Officer,
after observation and/or inspection, determines that there is an encroachment
or invasion on any adjoining/neighboring private or public property
or public right-of-way (hereinafter "the affected property"), the
Borough shall serve notice to the invasive plant property owner in
writing that the invasive plant has invaded other private or public
properties or public rights-of-way and demand the removal of the invasive
plant from the affected property and demand approved confinement against
future encroachment or, in the alternative, the total removal from
the property owner's property. Notice shall be provided to the
invasive plant property owner, as well as to the owner of the affected
property, by certified, return receipt requested mail and regular
mail. Within 30 days of receipt of such notice, the invasive plant
property owner shall submit to the Code Enforcement Officer of the
Borough, with a copy to the owner of the affected property, a plan
for the removal of the invasive plant from the affected property,
which plan shall include restoration of the affected property after
removal. Within 90 days of receipt of the Code Enforcement Officer's
approval of the plan of removal and restoration, the removal and restoration
shall be completed to the satisfaction of the Code Enforcement Officer.
A.
Whenever an invasive plant, as defined by this article, is found on any plot of land, lot or any other premises or place, and is found to lack appropriate physical barriers to prevent the spread of growth of the species, or is found to have spread beyond the boundaries of a property, a violation shall be given to the owner of the property from which the invasive species has spread, in writing, directing the property owner to submit a plan to the Code Enforcement Officer to remove or abate the same within 30 days, pursuant to § 265-12. The cost of all remedies, including the removal of plantings of invasive plants, shall be borne by the property owner. In the event more time is needed for treatment and/or removal, approval of the Code Enforcement Officer, or his or her designee, is required.
B.
Any person violating the provisions of this article shall, upon conviction,
be punishable by a fine of not more than $2,000 or community service
as determined by the Municipal Court. In addition, the Code Enforcement
Officer may request, and the Municipal Court may grant, a specific
performance remedy.
C.
The continuation of such violation for each successive day shall
constitute a separate offense, and the person or persons allowing
or permitting the continuation of such violation may be punished as
provided above for each separate offense.
D.
Notwithstanding any other penalty or fine which may be imposed under
this article, if an owner fails to comply with the removal or abatement
of an invasive plant, the Borough may thereafter remove or otherwise
abate the planting and thereafter recover the costs of such removal
or abatement from the property owner by placing a lien against the
property.
E.
Nothing herein shall be interpreted as limiting the rights of a private
property owner to seek civil relief through a court of proper jurisdiction,
nor the institution of civil proceedings against the proper parties.
All new in-ground planting of invasive plants are strictly prohibited.
All existing planting must be contained by appropriate physical barriers
to prevent the growth or spreading of the existing invasive species
beyond the boundaries of a resident's property.
