This chapter is adopted to control the planting, cultivating
or growing of bamboo and to require barriers to prevent the spread
of existing bamboo into other areas in this Borough.
Subject to certain exemptions set forth in this chapter, no
persons, or other property owners or tenants, shall plant, cultivate,
or cause to grow any bamboo on any lot or parcel of ground in the
Borough of Hasbrouck Heights, subject to the following exceptions:
A. The root system of such bamboo plants is entirely contained within
an aboveground-level planter, barrel, or other vessel of such design,
material, and location as to entirely prevent the spread of growth
of the bamboo plants' root system beyond the container beyond
which it is planted; or
B. The root system is contained within a properly constructed and maintained
barrier system.
C. 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.
This chapter shall not apply to anyone who, prior to the effective
date of this chapter, has planted or cultivated any bamboo on any
property unless the Property Code Enforcement Officer 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 not owned by or in the possession of that person.
Whenever the Property Maintenance Code Enforcement Officer of
this Borough determines that bamboo has been planted in violation
of this chapter or that there is an encroachment from pre-existing
bamboo plants or roots onto another property of another, the Property
Maintenance Code Enforcement Officer shall issue a notice substantially
as follows:
A. 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, when the first class mail was not returned.
B. The notice shall specify the nature of the violation.
C. The notice shall state that the violation must be corrected within
30 days from the date of the received or returned mailing.
D. The notice shall state specifically what must be done by the responsible
party to correct the violation.