[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin Lakes 8-20-2019 by Ord. No. 1799. Amendments noted where applicable.]
This chapter is adopted to control the planting, cultivating or growing of bamboo in the Borough of Franklin Lakes; and to require barriers to prevent the spread of existing bamboo into other areas of the Borough.
Subject to certain exemptions set forth in this chapter, no person, property owner, person in possession or control of real property, or tenant (hereinafter referred to as "person") shall plant, cultivate or cause to grow bamboo on any lot or parcel of land within the Borough, subject to the following exceptions:
The root system of such bamboo plants is entirely contained within 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 it is 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.
This chapter shall not apply to any person who, prior to the effective date of this chapter, 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.
Whenever the Code Enforcement Official determines that there is an encroachment of bamboo plants or roots onto public property or the property of another, the Code Enforcement Official shall forward a notice of violation to the offending person, property owner, or other in possession of such property, which notice shall be substantially as follows:
The notice shall be mailed by certified mail, return receipt requested, properly addressed and with sufficient postage, and also by first class mail. Notice by certified mail shall be deemed served on the date of personal delivery, or the date the certified mail is marked "refused" or "unclaimed" or otherwise undeliverable by the United States Post Office.
The notice shall specify the nature of the violation.
The notice shall state that the violation must be cured within 30 days from the date of the received or returned mailing.
The notice shall state specifically what must be done by the violator to abate the violation which may include, but is not limited to, creating a barrier to prevent the spread of bamboo onto the property of another, and/or, with the permission of the owner of the adjacent property, contracting for or arranging for the removal of the bamboo from the property of another.
Any person determined by any court of competent jurisdiction to have violated this chapter shall be subject to pay a fine of not more than $100 per day for each day the violation exists after the date for cure as set forth in the notice. Each day of a continuing violation shall constitute a separate offense, for which an additional fine can be levied.
If the violation is not remedied within the time set forth in the aforesaid notice, the Borough is hereby authorized, but not obligated, to remove or have removed any encroaching bamboo and to take all reasonable steps to eradicate the regrowth of the bamboo on the public rights-of-way, including sidewalks, and to restore such land to its normal condition, prior to such removal and eradication.
The Borough's cost of the corrective action together with any civil penalties, legal fees and other costs shall be recoverable from the person that has been determined to be in violation of this chapter and until recovery shall constitute a lien on the property of the violator.