[Amended 12-14-2023 by Ord. No. 2023-1548]
The Borough Council of the Borough of Montvale does hereby find and determine that it is necessary and proper to control the planting, cultivating and/or growing of bamboo in the Borough of Montvale and to require barriers to prevent the spread of existing bamboo onto public rights-of-way and public property in the Borough.
Subject to certain exemptions set forth in this article, no persons, residents, citizens, property owners, tenants or other entities shall plant, cultivate or cause to grow any bamboo upon any lot and/or parcel of ground anywhere within the territorial boundaries of the Borough of Montvale.
The following shall be exempt from the requirements of this article:
A. 
Any existing bamboo plant located on any property within the Borough limits as of April 10, 2018. Notwithstanding the foregoing, no portions of such bamboo shall be allowed to grow upon, extend roots across, or extend branches, stalks or leaves past the property boundary onto any public right-of-way or public property. Furthermore, the general prohibitions set forth in § 369-11 shall apply with respect to any bamboo plant whose presence on property located in the Borough does not predate the effective date of this article.
[Amended 12-14-2023 by Ord. No. 2023-1548]
B. 
Any bamboo plant where the root system of such bamboo plant is entirely contained within an above-ground-level planter, barrel, or other vessel of such design, material and location as to entirely prevent the spread of growth of the bamboo plant's root system beyond the container in which it is planted. Whether planted or growing in a container as described herein, 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 public right-of-way.
[Amended 12-14-2023 by Ord. No. 2023-1548]
Whenever a complaint is received by the Borough regarding the encroachment of any bamboo plant or root, or whenever the Borough, on its own observations and inspections, determines that there is an encroachment or bamboo plants or roots onto a pubic right-of-way or public property, and the Borough determines that good cause exists that a violation has occurred, the Borough shall cause notice to be served on the owner of the offending property, according to the following procedure:
A. 
The notice shall specify the nature of the violation(s).
B. 
The notice shall state specifically what must be done by the responsible party to correct the violation(s).
C. 
The notice shall state that the violation(s) must be corrected within 30 calendar days from the date of the notice is received.
D. 
If the violation is not remedied within the time frame set forth in the aforesaid notice, the Borough is hereby authorized and empowered to remove or to have removed any encroaching bamboo and to take all reasonable steps to eradicate the regrowth of the bamboo on the public right-of-way or public property, including sidewalks, and to restore such land to its normal condition prior to such removal and eradication.
E. 
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 complete 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. First-class mail shall be deemed delivered on the fifth calendar day after mailing by the Borough.
A. 
Any person or entity determined by a court of competent jurisdiction to have violated any provision of this article shall be subject to pay a fine of $100. Each day of a continuing violation shall constitute a separate offense for which an additional fine may be levied.
B. 
In addition to any penalty imposed as set forth above, the cost of any action taken by the Borough to remove and/or eradicate any prohibited bamboo, together with legal fees and other costs incurred by the Borough, shall be recoverable from the responsible party.