As used in this chapter, the following terms shall have the
meanings indicated:
INVASIVE SPECIES
A.
Running bamboo, hereinafter defined as any tropical or semi-tropical
grass, including, but not limited to, the following plant genera:
Golden Bamboo (Phyllostachys aurea) and Nude Sheath Bamboo (Phyllostachys
nuda).
B.
English Ivy (Hedera helix).
INVASIVE SPECIES PROPERTY OWNER
A property owner in the Village who has planted or grown
or caused the planting or growing of invasive species on his property
and/or permitted or permits the growing of invasive species on his
property that had initially encroached onto his property from an adjoining
or neighboring property.
VILLAGE
The Incorporated Village of Old Brookville.
For purposes of this chapter, if invasive species are found
growing upon a property, it shall constitute presumptive evidence
that the growing of invasive species on the property shall have occurred
with the consent of the owner of such property, except that such presumption
shall be overcome if the property owner did not plant or grow or cause
said invasive species to be planted or grown on his property, and
he shall provide the Building Inspector with proof, satisfactory to
the Building Inspector, that within a reasonable period of time after
he first learned of the encroachment of invasive species onto his
property from an adjoining or neighboring property he advised the
owner of such adjoining or neighboring property of his objection to
the encroachment of invasive species onto his property and/or initiated
steps for the removal of the invasive species from his property.
Any invasive species either planted or caused to be planted
or existing on a property prior to the effective date of this chapter
may not be replanted or replaced in kind once such invasive species
is or has become, for any reason, dead, destroyed, uprooted or otherwise
removed.
All dead, destroyed, uprooted or otherwise removed invasive
species shall be disposed of off-site in a manner that will not permit
the removed plant to repropagate in the Village.
Within 30 days after the effective date of this chapter, the
Village shall give notice by reasonable means to all property owners
in the Village advising them of the enactment of this chapter and
requesting that each property owner who would be deemed an "invasive
species property owner" hereunder as of the effective date of this
chapter notify the Village, in writing, no later than 60 days after
the date of the aforementioned notice from the Village that an invasive
species is present on the property of such property owner and such
other information as may be requested in the notice from the Village.
Any property owner who violates any of the provisions of this chapter shall be guilty of a violation thereof. Each and every day that a violation of this chapter shall exist shall constitute a separate violation of this chapter. Violations shall be punishable as provided in Article
I of Chapter
1 of the Village Code. The Village may also pursue civil or injunctive relief, or pursue criminal penalties, irrespective of any determination to prosecute for a violation of this chapter.
The Building Inspector, Code Enforcement Officer or any police
officer shall have authority to enforce the provisions of this chapter,
including issuance of notices of violation and appearance tickets.
In the event that any portion or portions of this chapter shall
be determined to be invalid or unenforceable for any reason, the remainder
of the chapter and its provisions shall remain in full force and effect.