[Adopted 3-22-2022 by Ord. No. 2022-7]
No person, property owner, tenant, entity or person(s) in possession
or control of real property shall plant, install, cultivate, allow
or cause to grow the commonly known species of bamboo on any lot or
parcel of land, whether private or public, within the Town of Secaucus
unless the following exception is met. For the purpose of this section,
bamboo shall encompass treelike grasses of the family Poaceae, subfamily
Bambusoideae.
Exception: Where the root system of the bamboo is entirely contained
within an above-ground level planter, container, barrel or other vessel
of design and material to entirely prevent the growth, encroachment,
spread, invasion or intrusion of the bamboo's root system beyond
the ground level planter, container, barrel or other vessel. The contained
bamboo shall be located, trimmed and maintained at least 10 feet from
any property line, sidewalk or right-of-way.
A.
Any bamboo planted or existing on a property prior to the effective
date of this Article must be confined in an allowable method at the
discretion of the Code Enforcement Official, Property Maintenance
Inspector or their designee to prevent the growth, encroachment, spread,
invasion or intrusion of the bamboo onto any other property, whether
private or public, or onto the right-of-way. In lieu of confinement,
the property owner, tenant, entity or person(s) in possession or control
of real property may choose to fully remove the bamboo from the property
and all affected properties by allowable methods, and repair any damages
caused by bamboo removal on all affected properties.
B.
Any bamboo planted or existing on a property prior to the effective
date of this Article may not be replanted, replaced or expanded once
such bamboo is destroyed, uprooted, dies or is otherwise removed.
A.
If a complaint is received regarding an encroachment of bamboo, root
or bamboo part, the Code Enforcement Official, Property Maintenance
Inspector or their designee shall investigate and give or cause to
be given written notice to the property owner, tenant, entity or person(s)
in possession or control of real property that the bamboo, root or
bamboo part has invaded other property, whether private or public,
or the right-of-way, and demand remediation of the affected property.
Prevention and confinement from future encroachment shall also be
undertaken in accordance with this Article.
B.
The notice specified in Subsection A above shall:
(1)
Require a remediation plan for the removal of the bamboo, root or
bamboo part within 10 days after service of the notice, with the removal
of the bamboo, root or bamboo part to be completed within 30 days
after service of the notice.
(2)
Advise the person to whom the notice is directed that failure to
accomplish such removal within the time stated therein will result
in the removal thereof by or under the direction of the municipal
officer and such other penalties and consequences as are provided
by this Article.
(3)
Service of notice. Service of any such notice shall be made upon
the property owner, tenant, entity or person(s) in possession or control
of real property either personally or by posting said notice on said
premises and mailing, by certified mail, a copy of said notice to
the property owner, tenant, entity or person(s) in possession or control
of real property at their last known post office address, if any.
Service of the notice by posting and mailing shall be deemed completed
upon such posting and mailing.
C.
Failure to comply with notice. Any property owner, tenant, entity
or person(s) in possession or control of real property, as the case
may be, who fails or neglects to comply with the notice described
above and duly served as provided herein and within the time prescribed
therein shall be subject to the penalty prescribed in this Article.
The property owner, tenant, entity or person(s) in possession or control
of real property are jointly and severally liable to meet the requirements
of this Article at their sole cost and expense.
D.
Abatement by town; costs; lien. Whenever, after due notice has been
given as herein, the property owner, tenant, entity or person(s) in
possession or control of real property shall have refused or neglected
to remove the bamboo, root or bamboo part in the manner and within
the time provided for in said notice, the Code Enforcement Official,
Property Maintenance Inspector or their designee shall cause the same
to be removed and to restore the area to its pre-existing condition,
and the cost of such removal and restoration shall be certified to
the Council by such officer. If, upon examination of such officer's
certificate, the Council shall find the same to be correct, such certified
costs shall forthwith become a charge against said lands and constitute
a lien upon said lands, which shall be added to and become and form
a part of the taxes next to be assessed and levied upon said lands.
The amount of such charge or lien shall bear interest at the same
rate and shall be collected and enforced by the same officers and
in the same manner as taxes.
Any person who violates any provision of this Article shall,
upon conviction thereof, be punished by a fine up to $100 per day,
for each day the violation exists. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
