[HISTORY:[1] Adopted by the Township Committee of the Township of South Hackensack 9-12-2019 by Ord. No. 2019-06. Amendments noted where applicable.]
[1]
Editor's Note: Former Chapter 164, Poolrooms, adopted 12-2-1976 as Ch. 116 of the 1976 Code, as amended, was repealed 1-4-2004 by Ord. No. 2003-26.
This chapter is adopted to control the planting, cultivating and/or growing of bamboo within the Township and to require barriers to prevent the spread of existing bamboo into other areas of the Township.
Subject to certain exceptions set forth in this chapter no person, resident, citizen, property owner or tenant of the Township shall plant, cultivate or cause to grow bamboo upon any lot and/or parcel of ground anywhere within the Township except for:
A. 
Where the root system of such bamboo plant is entirely contained within an above ground level container, planter barrel or other vessel of such design, material and location as to entirely prevent the spread of growth of the root system beyond the container in which it is planted;
B. 
Whether planted or growing in a container, as set forth herein, all bamboo plants shall be located, trimmed and maintained so that no part of the plant shall be closer than 10 feet from any property line and shall not exceed the height of eight feet as measured from the ground to the top of the plant.
This chapter shall not apply to any landowner or possessor of said land who prior to the effective date of this chapter has planted or caused to grow any bamboo upon any property within the Township unless the Code Enforcement Official, being determined to be the Construction Official, Zoning Officer and/or Property Maintenance Officer, determines on his/her own or upon the complaint of an abutting property owner or other owner of property within 200 feet of said property that any portion of such bamboo has been allowed to grow upon or its roots or branches have extended upon any other private of public property not owned by or in possession of such landowner of possessor of said land. In addition any such existing bamboo shall be maintained not to exceed the height limit of eight feet as set forth in this chapter. Any violation of this subsection shall subject the property owner and/or possessor to § 164-4 of this Code.
Whenever a complaint is received by the Township regarding the encroachment of any bamboo plant or root, or whenever the Township, on its own inspections and observations, determines that the there is an encroachment of bamboo branches, leaves, stalks or roots onto the property of another landowner, tenant in possession, public land or right of way the Township shall cause notice to be served and the following action to occur:
A. 
A notice shall be mailed by certified mail, return receipt requested properly addressed and with sufficient postage and also by first class mail to the property owner of record. Said notice by certified mail shall be deemed complete upon the date of delivery, or personal delivery, or the date the certified mail is marked refused or unclaimed or otherwise undeliverable by the United States Post Office. First class mail shall be deemed delivered within five calendar days of it being mailed by the Township.
B. 
The notice shall specify the nature of the violation and the nature of the correction required.
C. 
The notice shall provide a period of 20 days from the date of receipt, or if refused or undeliverable as set forth above said date, to remedy the violation.
A. 
Any person determined by a court of competent jurisdiction to have violated this chapter shall be subject to a fine of not less than $25 per day nor more than $100 per day for each day that the violation exists after the date set for removal of the violation as set forth in the notice to the violator or as determined above. Said fines may be assessed up to the maximum amount allowable by state law for violation of municipal ordinances.
B. 
If the violation is not remedied within the time frames set forth herein or within the notice to the violator the Township is authorized to enter upon the land and/or retain such qualified individuals to enter upon the land and take any and all reasonable and necessary steps to remove such violation(s).
C. 
The cost of any corrective action as authorized by Subsection B above shall be in addition to the assessment of any other fines or costs by a Court of competent jurisdiction and shall be recoverable, plus any legal fees and costs, by the Township through any legal proceedings duly authorized by law.