[Ord. No. 04-20; Ord. No. 12-07]
Pursuant to the recommendation of the Construction Official of the Borough of Tenafly, the Mayor and Council of the Borough of Tenafly do hereby adopt the 2012 International Property Maintenance Code including all subsequent revisions and amendments thereto. This Code is hereby adopted by reference as the Code for Housing and Property Maintenance in the Borough of Tenafly, subject to the modifications stated in subsection 12-1.3 of this section.
[Ord. No. 04-20; Ord. No. 12-07]
Copies of the 2012 International Property Maintenance Code shall
be maintained on file at all times in the office of the Borough Clerk,
the office of the Construction Official and in the Health Department
of the Borough of Tenafly.
[Ord. No. 04-20; Ord. No. 12-07]
The 2012 International Property Maintenance Code is hereby modified
as follows:
a.
Section 101.1 Title is hereby supplemented by the addition of the
words "The Borough of Tenafly" as the name of the jurisdiction.
b.
Section 103.5 Fees is hereby supplemented by the addition of a minimum
penalty of $100, a maximum penalty of $1,000, and/or imprisonment
for a period not to exceed 30 days for violations of this section.
c.
Section 302.4 Weeds is hereby supplemented by the insertion of height
"six inches."
d.
Section 304.14 Insect screens is hereby supplemented by the insertion
of the dates "April 1st to October 1st" where applicable, and in that
order.
e.
Section 602.3 Heat Supply is hereby supplemented by the insertion
of the dates "October 1st to April 1st" where applicable, and in that
order.
f.
Section 602.4 Occupiable workspaces is hereby supplemented by the
insertion of the dates "October 1st to April 1st" where applicable,
and in that order.
[Ord. No. 922 § 1; Ord. No. 963 § 1]
It shall be unlawful for any owner, tenant or occupant of any
lot or tract of land or any part thereof in the Borough to permit
or maintain on any lot or tract of land lying within the limits of
the Borough, any brush, weeds including ragweed, dead and dying trees,
stumps, roots, obnoxious growths, filth, garbage, trash and debris
injurious to health.
[Ord. No. 922 § 2]
It shall be the duty of each owner, tenant, or occupant of any
lot or tract of land or any part thereof in the Borough to cut and
remove or cause to be cut and removed or otherwise destroy all obnoxious
growths such as poison ivy and poison sumac, also brush and weeds
including ragweed, dead and dying trees, stumps, roots, filth, garbage,
trash and debris injurious to health or a fire hazard within 10 days
after receiving notice to do so from the Board of Health or from the
Fire Marshal of the Borough, which notice may be effected by personal
service or by certified mail. The delivery by United States Post Office
authorities of the return receipt, bearing signature of the addressee,
shall be presumed to be proof of such notice.
[Ord. No. 922 § 3]
Should the person or persons upon whom notice is served fail,
neglect or refuse to cut and remove or cause to be cut and removed
or otherwise destroy all obnoxious growths, such as poison ivy and
poison sumac, brush, weeds including ragweed, dead and dying trees,
stumps, roots, garbage, trash and debris within 10 days after the
service of such notice, the Borough may cause such obnoxious growths
to be cut and removed or otherwise destroyed, and the actual cost
of such cutting and removal or destroying shall be certified by the
Director of Public Works to the Tax Collector and shall become a lien
on the property on which the poison ivy, poison sumac, brush, dead
and dying trees, stumps, roots, filth, garbage, trash and debris were
located and shall be added to the taxes to be assessed on that lot
or tract of land and shall be collected in the same manner as taxes.
[Ord. No. 922 § 4]
Any owner or owners, tenant or tenants, occupant or occupants who shall neglect to cut and remove or otherwise destroy such poison ivy, poison sumac, brush, weeds including ragweed, dead and dying trees, stumps, roots, filth, garbage, trash and debris injurious to health, as directed by this section, or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided for, or who shall violate any of the provisions of this section, or who shall resist or obstruct the Borough or its employees, agents or contractors in the cutting and removal or destroying of poison ivy, poison sumac, brush, dead and dying trees, stumps, roots, filth, garbage, trash and debris, upon conviction before the Judge of the Municipal Court authorized to hear and determine the matter, shall be liable to the penalty stated in Chapter 1, Section 1-5. Each day on which such violation continues shall constitute a separate offense.
[Ord. No. 922 § 5]
The imposition and collection of the fine or penalty imposed
by the provisions of this section shall not constitute any bar to
the right of the Borough to collect the costs as certified for the
removal or destroying of the obnoxious growths in the manner herein
authorized.
[Ord. No. 691A10 § 1; Ord. No. 95-20 § 1; Ord. No. 08-31 § 1]
a.
The owner, tenant or tenants of lands abutting or bordering upon
sidewalks shall remove all snow and ice from the same within 12 hours
of daylight after the same shall have ceased to fall or be formed
thereon.
b.
Within the B1 and B2 business districts, all sidewalks abutting public
streets, avenues, highways and public places shall be cleared of snow
and ice to within one foot of the curb. If the sidewalk abuts a public
street, there shall be at least one clear path, no less than four
feet in width, permitting unobstructed access to the street from the
abutting sidewalk. In case of ice and snow which may be so frozen
to the sidewalks as to make complete removal impractical, the owner,
tenant or tenants shall cause the same to be thoroughly covered with
sand, salt or ashes within the first eight hours of daylight after
the same shall have ceased to fall or be formed thereon.
c.
Within the B1 and B2 business districts, the owner, tenant or tenants
of lands adjacent to fire hydrants shall be responsible for the removal
of all snow and ice from such fire hydrants within the first eight
hours of daylight after the same shall be formed or fall around them.
Within all other districts in the Borough, snow and ice shall be removed
from such fire hydrants within 24 hours after the same shall be formed
or fall around them.
d.
Within the B1 and B2 Zones where property is occupied by more than
one commercial tenant, all such tenants shall be jointly and severally
responsible, together with the owner of the property, for the removal
of snow and ice as provided in this subsection.
e.
No owner, tenant, or tenants of any land or premises abutting on
any public street shall throw, place or deposit any snow or ice onto
or upon such street in the Borough except as falls upon or is formed
upon that portion of the property so abutting the street lying within
the sidewalk lines thereof. All other persons are similarly prohibited
from throwing, casting, placing or depositing snow and ice that has
accumulated on private property upon the sidewalks or streets of the
Borough.
f.
Within the B1 and B2 districts, snow and ice removed from the sidewalk
may be piled on the abutting public street within two feet from the
face of the curb, and provided that such snow removal is completed
before 9:00 a.m. on the first business day after the snow shall have
ceased to fall.
g.
In case the owner or owners or tenants of lands abutting or bordering
upon the sidewalks and gutters of public streets, avenues, highways
and public places shall refuse or neglect to remove all snow or ice
from the same within 12 hours of daylight after the same shall be
formed or fall thereon or all grass and weeds and other impediments
therefrom after two days' notice, the Director of Public Works may
cause such work to be done under his direction, and he shall certify
the cost thereof to the Council.
h.
In addition to the other provisions of the section, any owner, tenant or tenants, or other person in the control of any lands abutting upon an public street, avenue, or highway in the Borough of Tenafly who shall, in the case of a snowfall, fail to remove all snow or ice from the abutting sidewalks within 12 hours of daylight after such snow shall fall or after such ice shall be formed thereon, shall be guilty of a violation of this subsection and shall, upon conviction thereof, shall be subject to the penalties in Section 1-5 of this Code.
[Ord. No. 691A10 § 3,
4; Ord. No. 95-20 § 2; Ord. No. 04-30]
In case the owner or tenant of lands abutting or bordering upon
a sidewalk or a sidewalk area in a public street or public place shall
refuse or neglect to remove all snow and ice from such sidewalk within
24 hours after the same shall be formed or fall thereon; or shall
refuse or neglect to remove all grass and weeds and other impediments
from such sidewalk area, or shall refuse or neglect to remove all
snow and ice from a fire hydrant within 24 hours after the same shall
be formed or fall thereon; after three days' notice served upon any
of them by the Borough, the Superintendent may cause such work to
be done under his/her direction, and he/she shall certify the cost
thereof to the Borough Council. The Mayor and Borough Council shall,
upon receiving a certificate of cost from the Superintendent, examine
the same, and if found correct, shall adopt a resolution to that effect,
directing that a certified copy thereof be delivered to the Collector
of Taxes, who shall collect such charges as a lien upon the lands
abutting or bordering any such sidewalks and gutter, which shall be
added to and become a part of the taxes next to be assessed upon such
lands and shall bear the same interest as taxes.
[Ord. No. 04-02]
It shall be unlawful for any owner, tenant or occupant of any
lot or tract of land, or any part thereof, within the Borough, across
which there exists any drainage ditch, ravine, stream, culvert, or
other water source, to permit or suffer the accumulation of loose
brush, fallen leaves, tree branches, dead trees, stumps, garbage,
trash, and/or other debris to the extent that such accumulation presents
a risk of washing downstream during periods of heavy drainage thereby
causing a blockage of the watercourse, and/or flooding or damaging
of adjacent downstream properties.
[Ord. No. 04-02]
It shall be the duty of each owner, tenant, or occupant of any
lot or tract of land or any part thereof within the Borough, to remove
or cause to be removed all such loose brush, fallen leaves, tree branches,
dead trees, stumps, garbage, trash and/or other debris within 10 days
after receiving written notice to do so from the Director of the Department
of Public Works, which notice may be effected by personal service
or by regular and certified mail, return receipt requested.
[Ord. No. 04-02]
Any owner, tenant, or occupant who shall neglect, fail or refuse to remove such loose brush, fallen leaves, tree branches, dead trees, stumps, garbage, trash, and/or other debris that presents a danger of washing downstream and blocking the flow of water, as directed by this section, or who shall fail, neglect, or refuse to comply with the provisions of any notice herein provided for, or shall violate any of the provisions of this section, upon conviction thereof before the Judge of the Municipal Court, shall be liable to the penalties stated in Chapter 1, Section 1-5, and each day on which such violation continues shall constitute a separate offense.
[Ord. No. 88-10]
The parking of vehicles on residential lawns is prohibited.
[Ord. No. 2018-2012]
As used in this section, the following terms shall have the
meanings indicated:
Except as provided in N.J.S.A. 55:19-83, any property that has
not been legally occupied for a period of six months and which meets
any one of the following additional criteria may be deemed to be abandoned
property upon a determination by the Construction Official that:
The property is in need of rehabilitation in the reasonable
judgment of the Construction Official, and no rehabilitation has taken
place during that six-month period;
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six months as of
the date of a determination by the Construction Official pursuant
to this section;
At least one installment of property tax remains unpaid and
delinquent on that property in accordance with N.J.S.A. 54:4-1 et
seq. as of the date of a determination by the Construction Official
pursuant to this section; or
The property has been determined to be a nuisance by the Construction
Official in accordance with N.J.S.A. 55:19-82.
A property which contains both residential and nonresidential
space may be considered abandoned pursuant to N.J.S.A. 55:19-78 et
seq. so long as two-thirds or more of the total net square footage
of the building was previously legally occupied as residential space
and none of the residential space has been legally occupied for at
least six months at the time of the determination of abandonment by
the Construction Official and the property meets the criteria of either
paragraph a1 or paragraph a4 above.
That the property is either listed for sale or rental by
the owner with a New Jersey licensed real estate broker, or that the
property is being publicly advertised for sale or rental through signage
at the property and/or advertisement in one or more newspapers of
general circulation not less frequently than once per month.
A portion of a commercial building that is offered for rent
for the transaction of a commercial business, such as a retail store,
salon, medical, legal, or other professional office.
[Added 2-19-2019 by Ord.
No. 19-02]
Any condition that on its own or combined with other conditions
present would lead a reasonable person to believe that the property
is or has been vacant for three or more months. Such evidence would
include, but is not limited to, evidence of the existence of two or
more of the following conditions at a property: overgrown or dead
vegetation; accumulation of newspapers, circulars, flyers or mail;
past-due utility notices or disconnected utilities; accumulation of
trash, junk or debris; the absence of window coverings such as curtains,
blinds or shutters; the absence of furnishings or personal items consistent
with residential habitation; statements by neighbors, delivery agents,
or government employees that the property is vacant or abandoned;
infestation by insects, vermin, rats or other pests; windows or entrances
that are boarded up or closed off; multiple window panes that are
damaged, broken or unrepaired; doors that are smashed, broken, unhinged
or continuously unlocked; or any uncorrected violation of a municipal
building, housing or similar code during the preceding year.
Property determined to be "abandoned property" in accordance
with the meaning of such term in the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall also be deemed to be vacant
property for the purposes of this section.
The legal or equitable title holder(s), any foreclosing entity
subject to the provisions of Public Law 2008, c. 127, Section 17 (N.J.S.A.
46:10B-51), any debtor in possession of the property, or any agent,
trustee or other person appointed by the court and vested with possession
or control of the title in fee simple.
A written statement containing the information required by Subsection 12-6.3a.
Any building containing one or more units used or to be used
as a residence.
[Added 2-19-2019 by Ord.
No. 19-02]
Any residential property which is not legally occupied or
at which substantially all lawful construction operations or all residential
occupancy has ceased for a period of at least three months, and any
commercial property or commercial rental unit that has not been legally
occupied or at which substantially all lawful construction operations
have ceased for a period of at least three months, and which exhibits
evidence of vacancy such that a reasonable person would believe that
the property is vacant. Any residential property that contains all
building systems in working order, is being maintained on a regular
basis, has not been cited by the Borough for any violation of a municipal
ordinance within such time, and is being actively marketed by its
owner for sale or rental shall not be deemed vacant.
[Amended 2-19-2019 by Ord. No. 19-02]
[Ord. No. 2018-12]
a.
The owner of any vacant property as defined herein shall, within 30 days after the building becomes vacant property, or within 30 days after assuming ownership of the vacant property, whichever is later, file a registration statement for each such vacant property with the Borough on forms provided by the Borough for such purposes. Thereafter the owner shall be required to renew the registration biannually, no later than January 31st and July 31st of each year, as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in Section 12-6.4 of this section for each vacant property registered.
b.
The owner of any building that meets the definition of "vacant property"
prior to the effective date of this ordinance shall file an initial
registration statement for that property within 60 days after the
effective date of this ordinance. Thereafter, the owner shall comply
with the renewal requirements in subsection (1) above.
c.
The owner shall notify the Borough within 30 days of any change in
the registration information by filing an amended registration statement
on a form provided by the Borough for such purpose.
d.
The registration statement shall be deemed prima facie proof of the
statement therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough against the owner or
owners of the building.
[Ord. No. 2018-2012]
a.
The registration statement required by this Section 12-6 shall include the name, street address, and telephone number of a natural person 21 years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding, on behalf of such owner or owners in connection with the enforcement of any applicable code. The designated agent must have a contact number that will be available 24 hours per day on an emergency basis. The statement shall also include the name of the person responsible for maintaining and securing the property, if different from the designated agent.
b.
An owner who is a natural person and who meets the requirements of
this section as to availability of a contact number on a twenty-four-hour
emergency basis may designate himself or herself as agent.
c.
By designating an authorized agent under the provisions of this section,
the owner consents to receive any and all notices of code violations
concerning the registered vacant property and all process in any court
proceeding or administrative enforcement proceeding brought to enforce
code provisions concerning the registered building by service of the
notice or process on the authorized agent. Any owner who has designated
an authorized agent under the provisions of this section shall be
deemed to consent to the continuation of the agent's designation for
the purpose of this section until the owner notifies the Borough of
a change of the authorized agent or until the owner files a new annual
registration statement. The designation of an authorized agent in
no way releases the owner from any requirement of this section.
d.
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall, upon request, provide
access to the Borough Construction Official, the Police Department,
the Fire Department, and any other appropriate official of the Borough
of Tenafly, to conduct exterior and interior inspections of the vacant
property to determine compliance with municipal codes. Unless there
is an emergency, such inspections shall be carried out on weekdays
during the hours of 9:00 a.m. and 4:00 p.m., or such other time as
may be mutually agreed upon. At no time shall an owner bar entry to
the building, or any part thereof, without a legal basis and/or Court
Order.
[Ord. No. 2018-2012]
a.
For each single-family and two-family residential property, the initial
registration fee shall be $75. The fee for the first and second renewal
registrations of a single-family or two-family residential property
shall be $100 each. The fee for the third and fourth renewal registrations
of a single-family or two-family residential property shall be $200
each. The fee for the fifth renewal registration and any subsequent
renewal registration of a single-family or two-family residential
property beyond the fifth renewal registration shall be $300 each.
b.
For all properties other than single-family and two-family residential
properties, the initial registration fee for each property shall be
$300. The fee for the first and second renewals shall be $500 each.
The fee for any subsequent renewal beyond the second renewal shall
be $2,000.
c.
When a property that was previously registered under this section
ceases to be a "vacant property" for a period of at least six consecutive
calendar months, then the next vacancy registration of such property
shall be considered an initial registration.
d.
At the time of any renewal, a one-time waiver of the registration
fee may be granted upon application to Mayor and Council if the owner
has applied to the Building Department for a permit to commence demolition,
construction or improvement work at the properly or if the owner is
in the process of selling or leasing the property, with appropriate
documentation presented demonstrating satisfactory proof of eligibility
for the waiver.
|
Vacant Property Registration Fee Schedule
| |
|---|---|
|
Single-Family and Two-Family Residential Properties
| |
|
Initial Registration
|
$75
|
|
First Renewal
|
$100
|
|
Second Renewal
|
$100
|
|
Third Renewal
|
$200
|
|
Fourth Renewal
|
$200
|
|
Fifth Renewal
|
$300
|
|
All Subsequent Renewals
|
$300
|
|
All Other Properties
| |
|
Initial Registration
|
$300
|
|
First Renewal
|
$500
|
|
Second Renewal
|
$500
|
|
Subsequent Renewal
|
$2,000
|
[Ord. No. 2018-2012]
The owner of any building that has become vacant property, and
any person maintaining, operating or collecting rent for any such
building that has become vacant, shall, immediately:
a.
Post a sign affixed to the inside of the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to Section 12-6.3), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 15 inches by 17 inches; and
b.
Remove all interior waste, garbage, debris, and hazardous and/or
combustible materials from inside the building and maintain the floors
of the premises in a broom clean condition. All windows facing a public
street or public right-of-way shall be kept reasonably clean and free
of dirt, graffiti, tape, stickers, and other similar contaminants.
c.
Enclose and secure the building against unauthorized entry and maintain the sign required in subsection 12-6.5a above until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete.
d.
Make provision for the cessation of the delivery of mail, newspapers
and circulars to the property, including having the property listed
on the exclusion list maintained by the Borough for the delivery of
circulars and advertisements to the property.
e.
Make provision for the winterizing of the property by the cessation
of water service to the property and the draining of water lines,
other than for buildings with a fire sprinkler system.
f.
Make provision for the cessation of electric or gas utility services
to the property, other than for buildings with a fire sprinkler system.
g.
Make provision for the regular maintenance of the exterior of the
property, including the lawn and yard, and also including regular
grass cutting as required by the applicable provisions of the Borough
Code.
h.
Maintain uninterrupted liability insurance coverage of not less than
$300,000 for the building and property. Proof of such insurance coverage
shall be provided at the time of the initial registration.
[Ord. No. 2018-2012]
The Borough may issue such additional rules and regulations
for the administration of the provisions of this section as it deems
necessary.
[Ord. No. 2018-2012]
a.
Any owner who is not in full compliance with this section or who
otherwise violates any provision of this section or of the rules and
regulations issued hereunder shall be in addition to the payment of
the prescribed licensing fee subject to a fine of not less than $250
and not more than $1,000 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this section shall be recoverable from the owner and
shall be a lien on the property and all such legal fees associated
with any reasonable cost recoverable from the owner as well.
b.
For purposes of this section, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of subsection 12-6.2 through and including subsection 12-6.5, or such other matters as may be established by the rules and regulations of the Borough shall be deemed to be violations of this section.
c.
Nothing in this section is intended to nor shall be read to conflict
or prevent the Borough from taking action against owners of building
or structures found to be unfit for human habitation or are unsafe
structures as provided in applicable provisions of the Borough Code,
including but not limited to provisions of the State or Borough Property
Maintenance codes. Further, any action taken under any such code provision
other than the demolition of a structure shall not relieve an owner
from its obligations under this section.
[Added 10-5-2021 by Ord.
No. 21-15]
The purpose of this section is to preserve and protect private
and public property from the damaging spread of running bamboo grasses
and to protect indigenous plants and the wildlife they support from
the invasive spread of such bamboo from any neighboring property line.
[Added 10-5-2021 by Ord.
No. 21-15]
As used in this section, the following terms shall have the
meanings indicated:
The Borough of Tenafly, Bergen County, New Jersey.
A distance of at least 10 feet from any lane, street or road,
whether public or private, or from any neighboring property.
Any written notice by, from or on behalf of the Borough,
1) notifying the running bamboo property owner(s) that they are in
violation of this section and 2) directing them to cure or fix the
violation within 10 days. Such notice shall be sent by certified mail,
return receipt requested, addressed to the owner(s) listed on the
current tax address on file with the Borough or personally served
on the property owner or tenant. A copy of the notice may also be
posted on the property in question.
The date of mailing the notice or, if applicable, the date
of personally serving or posting of the notice on the property in
question, whichever is earlier.
Any monopodial (running) woody grass from the genera of bamboos,
including, but not limited to, Bambusa, Phyllostachys and Pseudosasa,
as well as common bamboo, golden bamboo and arrow bamboo.
Any property owner(s) or tenant(s) who has running bamboo
on their property, even if the bamboo has spread onto their property
from an adjoining property.
[Added 10-5-2021 by Ord.
No. 21-15]
a.
The planting of running bamboo is prohibited in the Borough as of
the effective date of this section.
b.
Any existing running bamboo may not be replanted or replaced after
having died or been removed.
c.
Any person who plants or replants running bamboo within the Borough
after the effective date of this section shall be in violation of
this section and shall be subject to the penalties set forth herein,
subject to the following exceptions:
1.
The root system of such running bamboo is entirely contained within
an above ground planter and located so as to entirely prevent the
spread or growth of the bamboo plants' root system beyond the
container in which it is planted; or
2.
The root system is contained within a barrier, constructed in accordance
with the following specifications:
(a)
The barrier itself shall be composed of a high-density polypropylene
or polyethylene, with a minimum thickness of 40 mm;
(b)
Each portion of the barrier shall be joined together by the
use of stainless steel strips or clamps;
(c)
The barrier shall be a minimum of 30 inches deep, with two inches
to three inches of the barrier protruding above ground level around
the entire perimeter of the bamboo; and
(d)
When installed, the barrier shall slant outward from the bottom
to top.
3.
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 from any property line.
[Added 10-5-2021 by Ord.
No. 21-15]
a.
Any running bamboo already in existence on any property within the
Borough as of the effective date of this section may remain on such
property; provided, however, that the running bamboo shall not be
permitted to exist within any buffer zone.
b.
Running bamboo property owner(s) shall take all necessary measures
to ensure that any running bamboo on their property does not exist
within any buffer zone. Such measures shall include, but are not limited
to, cutting down running bamboo existing in the buffer zone and physically
removing or damaging the rhizomes and removing any regrowth for several
years until the running bamboo is dead and, if running bamboo is permitted
to remain outside the buffer zone, installing sheathing comprised
of metal or other impenetrable material and placed no less than 10
feet from the property line at a sufficient depth to prevent any growth
of running bamboo within any buffer zone.
c.
This section shall not be deemed to alter any rights at common law
or otherwise that any property owner may have to recover the cost
of removal of running bamboo on their own property from another property
owner from whose property the running bamboo has spread.
[Added 10-5-2021 by Ord.
No. 21-15]
This section shall be enforceable by the Code Enforcement Officer
or Health Officer and shall apply to all properties and premises within
the Borough.
[Added 10-5-2021 by Ord.
No. 21-15]
a.
Whenever running bamboo is found planted in the ground or otherwise on any property or premises in the Borough in violation of this section, a notice shall be given to the running bamboo property owner to abate the violation within 10 days. This provision shall not apply to any property or premises in the Borough as described in § 12-7.4, Subsection a.
b.
The cost of the abatement shall be borne by the running bamboo property
owner.
c.
If the running bamboo property owner fails to comply with the notice
within the ten-day period, the Code Enforcement Officer or Health
Officer may remove or otherwise control the invasive plant species,
and the Borough may thereafter recover the cost of such removal from
the running bamboo property owner and place a lien on the property
to recover the cost of the removal.
d.
Any person violating any of the provisions of this section who fails
to abate the violation after notice shall be subject to the following
penalties:
