[HISTORY: Adopted by the Town Board of the Town of Greenburgh 7-12-2023 by L.L. No. 6-2023. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
RUNNING BAMBOO
Any tropical or semi-tropical grass of the genera Phyllostachys, Pleioblastus or of any other related genera that is classified as a leptomorph.
A. 
It shall be unlawful from the effective date of this chapter for an owner or tenant of property, anywhere within the Town of Greenburgh, to plant running bamboo into the ground, or, with respect to existing running bamboo, to cause, permit, cultivate and/or allow such bamboo to be maintained in such a manner that it migrates onto any adjoining property, including any public property and/or any Town right-of-way.
B. 
All running bamboo which migrates onto adjacent properties shall be deemed a public nuisance, and no property owner shall have any vested or nonconforming right to continue maintenance of such bamboo, even if it preexisted the adoption of this regulation.
A. 
Each owner of the property from which the bamboo originated, or owner or tenant who has maintained bamboo that has spread to adjoining or neighboring properties, is required to take such measures as are reasonably expected to prevent such running bamboo from invading or growing onto adjoining or neighboring properties, including the Town's right-of-way. Such measures shall include, but not be limited to, installation of sheathing impenetrable by running bamboo at a sufficient depth, which at a minimum shall be three (3) feet in depth, within the subject property lines where the running bamboo exists, to prevent encroachment upon adjoining or neighboring property, including the Town's right-of-way, by such bamboo.
A. 
In the event that existing running bamboo growing on an owner's or tenant's property invades or grows upon an adjoining or neighboring property, including any public property and/or any Town right-of-way, the Town's Building Inspector shall notify in writing, through the issuance of a Notice of Violation, the bamboo property owner that said owner or tenant has planted, caused, or permitted such bamboo to invade or grow upon an adjoining or neighboring property, and that said owner or tenant shall be responsible for the removal of such bamboo, within 30 days from the date of such notice.
B. 
In the event that new running bamboo is planted or allowed to grow on an owner's or tenant's property, the Building Inspector shall notify in writing, through the issuance of a Notice of Violation, the bamboo property owner that said owner or tenant has planted, caused, or permitted such bamboo to grow upon their property, and that said owner or tenant shall be responsible for the removal of such bamboo from the property and anywhere such bamboo has grown or spread to, within 30 days from the date of such notice. This subsection shall not apply if the Building Inspector issues a Notice of Violation to an adjoining or neighboring property pursuant to § 325-4A, and the property owner on which the bamboo is growing or has spread to permits the removal of said bamboo.
C. 
Property owners issued a Notice of Violation pursuant to § 325-4A or § 325-4B shall remove the offending bamboo in its entirety, including stems and roots, and dispose of the bamboo according to the "NYS DEC Guidelines for Disposing of Invasive Plant Material."
A. 
Violations. Any owner of the property from which the bamboo originated or owner of property where bamboo has been maintained 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.
B. 
Penalties. Failure to cure a violation of any provision of this chapter within the allotted period of time, as specified within the Notice of Violation, shall be punishable by a fine of not less than $100 and not more than $500, for each violation. A second and subsequent violation for the same offense is punishable by a fine of not more than $1,000. Each day the violation is committed constitutes a separate offense. If a property owner is issued a second and subsequent violation pursuant to § 325-4A, said property owner shall remove all of the existing bamboo on its property as well as the adjacent or neighboring property which caused such violation.
C. 
Remediation. If, after being issued a Notice of Violation, a property owner demonstrates good-faith efforts to the satisfaction of the Building Inspector to remove the offending bamboo but is precluded from immediately doing so due to inclement weather, delays on the part of a bamboo removal service outside of the property owner's control, or issues obtaining access to the adjoining or neighboring property to remove the offending bamboo, the Building Inspector shall have the authority to preclude the involuntary delays from the count of violations.