As used in this chapter, the following terms shall have the
meanings indicated:
BAMBOO
All native and non-native variations of the plant commonly
known as bamboo. To that extent, there shall be no distinction between
various types of bamboo or named type of bamboo.
BAMBOO PROPERTY OWNER(S)
Any property owner(s) or tenant(s) or person or entity in
control of property or his or her agent, who, or which, have bamboo
on their property, even if the bamboo has spread onto their property
from an adjoining property.
BOROUGH
The Borough of Eatontown, County of Monmouth, State of New
Jersey.
BUFFER ZONE
A distance of at least 100 feet from any property line; lane;
street; avenue; or road, whether public or private, from any neighboring
property, whichever is more restrictive to the bamboo property owner(s).
NOTICE
Any written notice of violation by, from or on behalf of
the Borough of Eatontown notifying the bamboo property owner(s) that
they are in violation of this chapter and directing them to cure or
fix the violation. Such notice shall be sent by certified mail, return
receipt requested, and regular mail addressed to the owner(s) listed
on the current tax address on file in the Borough or landlord/tenant
registration statement or mercantile license on file in the Borough.
A copy shall also be posted on the property in question.
RECEIPT OF NOTICE
Receipt of the notice required herein shall be the date of
mailing said notice, or if applicable, posting of the notice on the
property in question, whichever is earlier.
If bamboo on any property grows in or into any buffer zone or
any adjoining property, the Borough shall give notice to the bamboo
property owner(s), and/or tenants or person or entity in control or
their agents as required by this chapter, that the said property owner(s),
and/or tenants or person or entity in control or their agents are
responsible for the extermination or removal of such bamboo from the
buffer zone, and/or with the consent of the adjoining property owner,
removal, remediation and restoration of the adjoining property to
its natural state prior to the growth of bamboo.
All places and premises in the Borough of Eatontown shall be
subject to inspection by the Borough Code Enforcement Officer or other
designated Borough enforcement officer designated in compliance with
this chapter.
The Borough Code Enforcement Officer or other designated, authorized
Borough enforcement officer, in writing, as defined in this chapter,
shall deliver to the owner(s), and/or tenant or person or entity in
control of the subject property or the agent of the owner(s) and/or
tenant or person in control or entity, advising him/her or the entity
of the particular violation. The owner(s), and/or tenant, person or
entity, shall have 30 days from the date of receipt of said notice
to commence extermination or removal and remediation of all bamboo,
which is in violation of this chapter, as noted in the notice of violation,
with completion of all the aforesaid actions and restoration of the
property to its prior natural status without the bamboo at his/her/its
sole cost and expense within 90 days of commencement. Said notice
shall serve as a continuing notice for the remainder of the calendar
year, and the Borough may, without further notice, take action in
accordance with this chapter.
Any party who needs to take action as a result of §
251-6, but is able to demonstrate that he/she/it, after a good-faith effort to complete all of the aforesaid actions within 90 days, is unable to do so, said party may file a notice of appeal within 10 days following the ninety-day period of completion, to the Borough Administrator to seek a temporary extension of time to complete all extermination, removal, remediation and/or restoration as required by the notice of violation. Such an extension shall only be granted after proof of good-faith efforts to complete all of the aforesaid actions within 90 days, without success. Should the Borough Administrator deny the appeal, a final appeal may be made to the Mayor and Council within 10 days of the Administrator's denial. During all such appeals, actions of enforcement of this chapter shall be stayed until the appeal process is completed. A grant of an extension of time shall provide a limited time for completion and not an exemption from completion.
Upon failure, neglect or refusal of any owner(s) and/or tenant
or person or entity in control or his/her or its agent to remediate
existence of bamboo located on the property of the owner(s), and/or
tenants or person or entity in control or their agents in violation
of this chapter, or on adjoining property owners' property, upon
consent to remediate, and to restore the adjoining property owners'
property in order to correct the conditions in violation of this chapter
within the time period prescribed above, then the Borough is authorized
to take all actions prescribed by this chapter against the violating
owner(s) and/or tenants or person or entity in control or their agents.
All remediation shall also include proper restoration of the subject
property to its natural state without bamboo.
The regulation of bamboo standards and regulations shall be
in addition to the provisions of any other applicable ordinance, law,
rule or regulation. Nothing in this chapter shall be construed to
impair or prevent enforcement of any other ordinance, law, rule or
regulation.
The remedies set forth in §
251-9 shall not be exclusive, and the Borough shall at all times have the option to bring a legal action in the Superior Court of New Jersey or other appropriate court to seek injunctive relief or other equitable remedies, damages and costs of remediation, removal and restoration and/or other legal action to the extent permitted by law, and seek against the violating party the costs of said action, including reasonable attorney fees.
In the event any provision of this chapter is stricken by a
court for any reason, the remaining provisions of the chapter shall
remain valid and in full force and effect notwithstanding the stricken
provision.