ENCROACHED or ENCROACHMENT
The encroaching, spreading, invading, or intruding by running
bamboo upon any property other than the property on which running
bamboo was originally planted.
RUNNING BAMBOO
Any monopodial (running) tropical or semi-tropical bamboo
grasses or bamboo species, and any other species of bamboo that is
found to have encroached upon any property other than the property
on which it was originally planted, including Town-owned property
or a Town-owned right-of-way.
RUNNING BAMBOO OWNER
Any property owner, whether a person, firm, trust, corporation or other legal entity, at whose property running bamboo is located. Any property owner who provides satisfactory evidence to the Town Manager or their designee that the property owner did not plant the running bamboo on his or her property, and upon discovery of the encroachment of running bamboo onto his or her property from an abutting property, informed the abutting property owner, by delivery of a written notice by certified mail within a year of the encroachment being discovered, of an objection to the encroachment of the running bamboo, and provides a copy of such written notice to the Town Manager within five days of mailing to the abutting property owner, shall not be considered a running bamboo owner with respect to the abutting property so noticed, but may be considered a running bamboo owner with respect to any other abutting properties, and shall be required to comply with the provisions of §
131-4 of this chapter with respect to any such other abutting properties.
The Town Manager may, but is not required to, consider the
following as additional evidence to determine whether a property owner
is a running bamboo owner:
a.
Photographic evidence that the running bamboo began on the running
bamboo owner's property and encroached onto the neighboring property;
b.
The absence of an adequate running bamboo barrier system on
the running bamboo owner's property; and
c.
Any other evidence provided to the Town Manager demonstrating
that the running bamboo was not planted on the owner's property.
Any running bamboo owner that is in violation of this bylaw
may be fined $100 per day for each day that the running bamboo remains
unconfined on the running bamboo owner's property, or is in violation
of any other provisions of this chapter. Any such penalty or penalties
may be enforced through noncriminal disposition as provided by MGL
c. 40, § 21D.
The provisions of this chapter are severable. If any section,
provision or portion of this bylaw is determined to be invalid by
a court of competent jurisdiction, the remaining provisions of this
bylaw shall continue to be valid.