[HISTORY: Adopted by the Mayor and Council of the Borough
of Leonia 5-20-2019 by Ord. No. 2019-4. Amendments noted where applicable.]
The purpose of this chapter is to protect and promote the public
health through the control of the growth of invasive plant species.
As used in this chapter, the following terms shall have the
meanings indicated:
All native and nonnative vines and vegetation that grow out
of place and are competitive, persistent and pernicious. These plants
may damage trees, vegetation or structures. Examples include, but
are not limited to, bamboo (spreading or running type), ragweed, multi-flora
rose, kudzu-vine and poison ivy or oak.
All persons must control the growth of invasive plants, as defined
herein. Failure to control the spread of such vegetation beyond the
boundaries of a resident's property is a violation of this chapter.
The Property Maintenance Officer shall have the right to conduct
an inspection of the property on which the alleged violation is occurring,
if the Property Maintenance Officer has reason to believe that any
section of this chapter is being violated.
A.Â
Whenever an invasive plant as defined by this chapter 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 or 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, to remove
or abate the same within 30 days. The cost of all remedies, including
the removal of plantings of invasive plants, shall be borne by the
property owner.
B.Â
Any person violating the provisions of this chapter shall, upon conviction,
be punishable by a fine of not more than $2,000 or community service
as determined by the Municipal Court. 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.
C.Â
Notwithstanding any other penalty or fine which may be imposed under
this section, 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.
All new in-ground plantings of invasive plants and all existing
plantings of invasive plants must be contained by appropriate physical
barriers to prevent the growth or spread of invasive species beyond
the boundaries of a resident's property.
