[Adopted 9-30-2021 by Ord. No. 2021-24C]
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Beach Haven Code Enforcement Officer or designee.
Plant species that are both nonnative and able to establish
on many sites, grow and spread quickly, to the point of disrupting
and causing harm to plan communities, ecosystems, or human health;
Each of the following: Canadian thistle (Cirsium arvense), Eurasian
watermilfoil (Lonicera japonica), garlic mustard (Alliaria petiolata),
Japanese knotweed (Polygonum caspidatum), Japanese stiltgrass (Microstegium
vimineum), mile-a-minute (Polygonum perfoliatum), purple loosestrife
(Lythrum salicaria), Russian olive (Elaeagnus angustifolia), Black
Pine (Pinus thunbergia) and water chestnut (Trapa natans) and shall
include the plant and any cutting, flower, seed, root, other plant
part, or cultivar therefrom; or
All native and nonnative bamboo. "Bamboo" shall mean and include
plant species commonly known as "running" (monopodial) or "clumping"
(sympodial). This definition shall include but is not limited to the
following plant genera:
All property owners and tenants shall control the growth of
invasive plants and ensure that the growth of invasive plants does
not spread to, encroach upon, or otherwise invade or intrude upon
adjoining private or public properties, or public rights-of-way. Failure
to control the spread of such vegetation beyond the boundaries of
the property is a violation of the chapter.
All places and premises shall be subject to inspection by the
Enforcement Officer. Such inspections shall be performed by such person,
persons, or agency duly authorized and appointed. Such inspections
shall be made if that official has reason to believe that any section
of this chapter is being violated.
All new in-ground plantings of invasive plants are strictly
prohibited. All existing invasive plants shall be contained with the
boundaries of the property by appropriate physical barriers to prevent
the growth and/or spread of the invasive plants beyond the boundaries
of the property.
A.
Whenever an invasive plant is found on any plot of land, lot, or
any other premises, or place, and is found to lack appropriate physical
barriers to prevent its spread or growth, or is found to have spread
beyond the boundaries of a property, a violation shall be given to
the owner of the property from which the invasive plants originated,
in writing, to remove or abate the same within 60 days. The costs
of all remedies, including the removal of the invasive plants, shall
be borne by the property owner of where the invasive plants originated.
If the property owner fails to abate the violation, a municipal summons/complaint
may be issued charging the property owner with violating the provisions
of this chapter.
B.
Notwithstanding any other penalty or fine that may be imposed under
this chapter, if a property owner fails to comply with the removal
or abatement of an invasive plant, the Borough may thereafter remove
or otherwise abate the invasive plant(s) and recover the costs of
such removal and/or abatement from the property owner by placing a
lien against the property.
In the event of the failure of the owner of said land to remove
or abate such condition existing thereon within the time required
after the service of the notice herein mentioned, and in addition
to the remedies hereinbefore provided, such person shall be in violation
of this article and, upon conviction thereof by the Judge of the Municipal
Court, shall be punished by a maximum fine of $2,000 per occurrence
and/or imprisonment in such a place as is maintained for offenders
in the Borough of Beach Haven for a period not to exceed 30 days.
Each day during which the violation continues after notice shall be
considered as a separate offense.
