The purpose of this article is to protect and promote the public health through the control of the growth of invasive plant species. All property owners must control the growth of existing invasive plants. All existing invasive planting must be contained by appropriate physical barriers to prevent the growth or spreading of the existing invasive species beyond the boundaries of a resident's property. Failure to control the spread of such invasive plants beyond the boundaries of a property is a violation of this article.
All places and premises in the Borough of the Atlantic Highlands shall be subject to inspection by the Enforcement Officer. Such inspections shall be performed by such person, persons or agent duly authorized and appointed by the Borough of Atlantic Highlands. Such inspection shall be made if there is reason to believe that any section of this article is being violated.
A. 
In the event invasive plants are present, and a complaint is received by the Borough regarding an encroachment of any invasive plant on an adjoining/neighboring private or public property or public right-of-way (hereinafter "the affected property"), and the Enforcement Officer, after observation and/or inspection, determines that there is encroachment or invasion on the affected property, the Borough shall serve a notice of violation, in writing, to the property owner indicating that the invasive plant has invaded other private or public properties or public rights-of-way and demand the removal of the invasive plant from the affected property and approved confinement against future encroachment or, in the alternative, the total removal from the property owner's property.
B. 
A property owner's plan for removal must comply with § 150-78, Steep slopes, in any designated steep slope area of the Borough.
A. 
Whenever an invasive plant is present on any property within the limits of the Borough of Atlantic Highlands and is found to lack appropriate physical barriers to prevent the spread of growth of the species or is found to have visibly spread beyond the boundaries of a property, a violation shall be given to the property owner, in writing, directing the property owner to submit a plan to the Enforcement Officer for removal or abatement of the invasive plant within 30 days. The cost of all remedies, including the removal of plantings of invasive plants, shall be borne by the property owner. In the event more time is needed for treatment and/or removal, approval of the Enforcement Officer, or his or her designee, is required.
B. 
In the case of discovery of Japanese knotweed (Polygonum cuspidatum), abatement requires mechanical removal to no less than five feet from the adjacent property and proper disposal away from other green waste.
C. 
Any person violating the provisions of this article shall, upon conviction, be subject to a penalty as provided in Chapter 1, Article II, General Penalty. In addition, the Enforcement Officer may request, and the Municipal Court may grant, a specific performance remedy.
D. 
Notwithstanding any other penalty or fine which may be imposed under this article, if a property owner fails to comply with the removal or abatement of an invasive plant, the Borough may remove or otherwise abate the planting and thereafter recover the costs of such removal or abatement from the property owner by placing a lien against the property.
E. 
Nothing herein shall be interpreted as limiting the rights of a property owner to seek civil relief through a court of proper jurisdiction, nor the institution of civil proceedings against the proper parties.