[Ord. 830, 10/2/2017]
The purpose of this Chapter and Part is to preserve and protect private and public property from the damaging effects of the spread of certain invasive, non-native plantings such as bamboo; to protect indigenous plant materials from the invasive spread of non-native plantings such as bamboo; and to maintain the general welfare of the residents of the Borough of Nazareth.
[Ord. 830, 10/2/2017]
For the purpose of this Chapter and Part the following definitions shall apply:
BAMBOO
Any monopodial (running) tropical or semi-tropical grasses from the genera Phyllostachys or Pseudosasa, including, but not limited to, Phyllostachys aureosulcata - Yellow Groove Bamboo. In addition, this definitions includes Common Bamboo, Golden Bamboo and Arrow Bamboo.
BAMBOO OWNER
Any Property Owner/Resident who has planted or grows Bamboo on their property; who maintains Bamboo on their property; or who permits Bamboo to grow or remain on their property, even if the Bamboo has spread from an adjoining property. A Property Owner/Resident will not be considered to be a Bamboo owner if:
1. 
The Property Owner/Resident has provided satisfactory proof to the Borough that, within a reasonable period of time after discovering the encroachment of Bamboo onto his or her property from an adjoining or neighboring property, the Property Owner/Resident advised the owner of such adjoining or neighboring property of his or her objection to the encroachment of the Bamboo; and
2. 
The Property Owner/Resident has initiated steps for the removal of the Bamboo from the subject property, including seeking available remedies at law and/or equity.
PROPERTY OWNER/RESIDENT
Any person owning or occupying any premises within the Borough of Nazareth. For purposes of this Chapter and Part, Bamboo Owner's responsibilities shall apply to the owner in the case of vacant premises or premises occupied by the owner, or to the occupant of the premises in case of premises occupied by other than the owner.
[Ord. 830, 10/2/2017]
1. 
Any Bamboo growing upon any premises in the Borough in violation of any of the provisions of this Chapter and Part is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Borough.
2. 
The planting or growing of Bamboo shall be prohibited within the Borough unless:
A. 
The root system of such Bamboo plant is entirely contained within a planter, barrier, or other vessel located entirely above ground-level, and of such design, material, and location as to entirely prevent the spread/growth of the Bamboo's root system beyond the container in which it is planted; or
B. 
The root system is contained within a barrier, constructed in accordance with the following specifications, and only after a permit has been issued by the Borough:
(1) 
The barrier shall be composed of high density polypropylene or polyethylene, 40 mil or heavier;
(2) 
Portions or sheets of the barrier shall be secured or joined together by the use of stainless steel clamps or stainless steel closure strips designed for such barriers;
(3) 
The entire perimeter of the barrier shall be more than 30 inches below ground level and more than three inches above ground level; and
(4) 
When installed the barrier shall slant outward from the bottom to the top.
3. 
Any person who hereafter plants or grows, or causes to be planted or grown, Bamboo within the Borough, except as under the conditions set forth in subparagraphs i) and ii) above, shall be deemed to be in violation of this Chapter and Part and shall be subject to such penalties as are set forth herein.
4. 
For purposes of this Chapter and Part, Bamboo found growing upon a property shall constitute presumptive evidence that the Bamboo was planted and/or grown by and/or with the consent of the Bamboo Owner.
5. 
Property Lines and Removal of Bamboo.
A. 
Bamboo shall not be planted, maintained, or otherwise be permitted to exist within 20 feet of any property line, utility easement, and public right-of-way. Any Bamboo Owner whose property contains Bamboo shall remove and abate the growth of the Bamboo within 20 feet of any property line, utility easement, and public right-of-way.
B. 
Whether planted or in existence before the effective date of this Chapter and Part, and/or planted or growing in a container or contained within a barrier, all Bamboo plants shall be located, trimmed, and maintained so that no part of the plant (including stalks, branches, leaves and/or roots) shall extend nearer than 10 feet to any property line, utility easement, and public right-of-way.
C. 
When removing and destroying Bamboo, all rhizome (underground plant stem capable of producing the shoot and root systems of a new plant) disposal must be by incineration only. No composting or trash disposal of rhizomes shall be allowed.
[Ord. 830, 10/2/2017]
1. 
The Bamboo Owner shall remove, trim, or cut all Bamboo growing or remaining upon his or her property in violation of the provisions of this Chapter and Part.
2. 
The Bamboo Owner shall be responsible for the cost of removal and/or abatement of Bamboo that has encroached upon an adjoining property in violation of this Chapter and Part.
3. 
Pre-Existing Bamboo.
A. 
Any Bamboo that has been planted or otherwise permitted to grow on any property within the Borough prior to the effective date of this Chapter and Part may remain on such property, subject to full compliance with this Chapter and Part.
B. 
Each Bamboo Owner shall be responsible to ensure that the Bamboo planted or growing on his or her property prior to the effective date of this Chapter and Part does not encroach or grow upon any adjoining or neighboring property, including all public property and right-of-ways. Such Bamboo Owners shall be required to take such measures as are reasonably expected to prevent such invasion or encroachment, including, but not limited to, the installation of sheathing compromised of metal or other materials impenetrable by Bamboo at a sufficient depth within the property line or lines where the Bamboo is planted or is growing to prevent the growth or encroachment upon adjoining or neighboring property by the Bamboo.
4. 
Re-planting Prohibited. Any Bamboo existing on a property prior to effective date of this Chapter and Part may not be replanted or replaced in kind once such Bamboo is or has become, for any reason, dead, destroyed, uprooted or otherwise removed except in compliance with the provisions of this Chapter and Part.
[Ord. 830, 10/2/2017]
1. 
Encroachment. In the event that Bamboo growing on a Bamboo Owner's property invades or grows onto Borough property, including, but not limited to right-of-ways, the Borough shall notify the Bamboo Owner, in writing, that Bamboo has invaded Borough property and that the Bamboo Owner is responsible for the removal of such Bamboo from the Borough property. This Encroachment Notice shall be sent by certified mail, return receipt requested, and by regular mail to the last known address of the Bamboo Owner, and a copy of the Notice shall also be posted in a conspicuous location on the Bamboo Owner's property.
2. 
In the event that the Bamboo Owner does not remove the Bamboo from the Borough property, or does not make an arrangement with the Borough for removal of such Bamboo within 15 calendar days from the date of the Encroachment Notice, the Borough, at Borough's discretion, may remove such Bamboo from the Borough property. The Bamboo Owner shall be liable and responsible to the Borough for all costs associated with the removal of the Bamboo from the Borough property. Such costs may be assessed against the property of the Bamboo Owner, and in the event that the costs remain unpaid more than 30 calendar days after the demand and payment has been made by the Borough on the Bamboo Owner, the Borough may place a lien on the property of the Bamboo Owner for these costs, plus interest, fees, and expenses, as allowed by law.
3. 
In the event that the Borough is compelled to undertake the removal of Bamboo as provided above, neither the Borough, or its employees, contractors or agents shall have any liability to the Bamboo Owner for any damages or other claims arising out of the removal of such Bamboo. In the event such removal entails or causes damages to the property of any person or entity other than the Bamboo Owner, the Bamboo Owner shall be responsible for such damages.
[Ord. 830, 10/2/2017]
1. 
In the event that there is any Bamboo growing or remaining upon any property in violation of the provisions of this Chapter and Part, the Borough shall notify the Bamboo Owner, in writing, of the existence of such violation. Notice of Violation shall be served by handing it directly to the Bamboo Owner; by mailing it to the last known address of the Bamboo Owner; or by posting the Notice of Violation on the premises at a conspicuous location.
2. 
Any Bamboo Owner receiving a Notice of Violation shall bring his or her property into compliance with this Chapter and Part within 15 calendar days of the Bamboo Owner's receipt of said Notice. If the Bamboo Owner fails to bring Bamboo Owner's property into compliance with the Notice and this Chapter and Part, then the Borough may issue a non-traffic citation against the Bamboo Owner.
[Ord. 830, 10/2/2017]
1. 
Any person who violates any of the provisions of this Chapter and Part shall, upon conviction, in a summary proceeding before any Magisterial District Judge of Northampton County, be punishable by a fine of not more than $600 and costs of prosecution for each and every offense, or, upon default in payment of the fine and costs not caused by indigence or lack of sufficient assets, by imprisonment in the Northampton County prison for a period not to exceed 30 calendar days. Each day that such violation is continued shall constitute a new and separate offense, punishable by like fine, penalty and imprisonment.
2. 
In addition, Borough Council may institute suits, in equity or at law, to restrain, prevent, or abate a violation of this Chapter and Part. Such proceedings may be initiated before any court of competent jurisdiction. The expense of such proceedings shall be recoverable from the violator in any manner as may now or hereafter be provided by law.
[Ord. 830, 10/2/2017]
All other provisions of the Borough's Code of Ordinances, as amended, shall remain in full force and effect. All other Ordinances or provisions of the Ordinance inconsistent herewith or in conflict with any of the terms hereof are, to the extent of said inconsistencies or conflicts, hereby specifically repealed.
[Ord. 830, 10/2/2017]
The provisions of this Chapter and Part are severable. If any section clause, sentence, part or provision thereof shall be held illegal, invalid, or unconstitutional by a court of competent jurisdiction, such decision of the court shall not affect or impair any of the remaining sections, clauses, sentences, parts or provisions of this Chapter and Part. It is hereby declared to be the intent of Borough Council that this Chapter and Part would have been adopted if such illegal, invalid or unconstitutional section, clause, sentence or part of a provision had not been included herein.