[HISTORY: Adopted by the Mayor and Council of the Borough of Waldwick October 25, 1994 as Ord. No. 24-94; amended in its entirety 8-17-2021 by Ord. No. 2021-22[1]. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also amended the title of this chapter, which was previously Weeds, Noxious.
The growth, existence or presence of brush, weeds, plants or debris injurious to the public health or presenting a fire hazard on any plot of land, lot, street, highway, right-of-way or any other public or private place is hereby determined to be a nuisance and detrimental to public health, safety and welfare.
For the purposes of this chapter, the terms "brush, weeds, plants and debris" shall include ragweed, poison ivy and other noxious weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, bamboo, garbage and trash.
A. 
No owner, tenant or occupant of any plot of land, lot, street, highway, right-of-way or any other public or private place shall cause, allow or permit brush, weeds, plants or debris injurious to the public health or presenting a fire hazard to grow, collect or exist thereon.
B. 
The prohibition on planting, cultivating or growing bamboo on any lot or parcel of land within the Borough is subject to the following exceptions:
(1) 
The root system of such bamboo plants is entirely contained with an above-ground-level planter, barrel, or other vessel of such design, material and location so as to entirely prevent the spread or growth of the bamboo plants' root system beyond the container in which they are planted; and whether or not planted or growing in a container, all bamboo plants shall be located, trimmed and maintained so that no part of the plant shall be closer than 10 feet to any property line or right-of-way.
(2) 
Any person who, prior to the effective date of this section, has planted or caused to grow bamboo on any property within the Borough limits unless the Code Enforcement Official determines that any portion of such bamboo has been allowed to grow upon, extend roots across, or extend branches, stalks, or leaves over any public way or any private property of another, which shall hereinafter be referred to as an encroachment onto the property of another.
It shall be the duty of such owner, tenant or occupant of any such plot of land, lot, street, highway, right-of-way or any other public or private place in the Borough of Waldwick to remove, destroy or cause to be removed and destroyed all such brush, weeds, plants and debris injurious to the public health, within ten (10) days after receiving notice to do so from either the Zoning Officer, Health Officer, Fire Inspector or Building Inspector of the Borough of Waldwick. Notice may be effected by personal service or by leaving a copy of the notice at the owner, tenant, or occupant's address with a member of the family above the age of fourteen (14) years; or by certified mail, return receipt requested, directed, in case of any owner, to the address of such owner as the same appears on the last tax duplicate of the Borough of Waldwick and, in the case of a tenant or occupant, to the address of the lands in question. If the certified mail is not claimed, notice shall be sent by regular mail.
Should the owner, tenant or occupant upon whom such notice is served fail, neglect or refuse to remove and destroy, or cause to be removed or destroyed, such brush, weeds, plants or debris injurious to the public health, safety and welfare, within ten (10) days after the service of such notice, the Borough of Waldwick may cause such brush, weeds, plants or debris to be removed or otherwise destroyed, and the actual cost of such removal shall be certified by the Borough Administrator to the Mayor and Council, who shall examine such certificate and, if the same be found to be correct, shall cause the same to be charged against the lands from which such brush, weeds, plants or debris shall have been removed, and the amount so charged shall forthwith become and be a lien on the property on which such brush, weeds, plants or debris were located, and shall be added to and form a part of the taxes next to be assessed on said lot or tract of land and shall be collected and enforced by the same officers and in the same manner as taxes.
Any owner, tenant or occupant who shall neglect to remove or otherwise destroy such brush, weeds, plants or debris injurious to the public health as directed by this chapter, or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided for, or who shall resist or obstruct the Borough of Waldwick or its servants, agents and/or employees in the removal or destruction of the brush, weeds, plants or debris injurious to the public health, upon conviction thereof, shall be subject to a fine not exceeding five hundred dollars ($500) or be imprisoned for a term not exceeding ninety (90) days, or both, for each and every offense, and each day upon which a violation of this chapter continues shall constitute a separate offense.
The imposition and collection of the fine imposed by this chapter shall not constitute any bar to the right of the Borough of Waldwick to collect the costs of removing or otherwise destroying such brush, weeds, plants or debris injurious to the public health in the manner herein authorized.