[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.