[Adopted 10-14-1971 by Ord. No.
5-71 as Sec. 17-24 of the 1971 Code of Ordinances]
Any lands lying within the limits of the Borough
containing brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris which is or may become dangerous
to the public health, safety or general welfare or might tend to be
a fire hazard shall be considered a nuisance.
[Added 8-24-2017 by Ord.
No. 12-17]
A.
Purpose.
This section is adopted to control the planting, growing, maintaining
and/or cultivating of bamboo in the Borough of Rockaway and to require
barriers to prevent the spread of existing bamboo into other areas
of the Borough.
B.
Regulation
of the planting, growing or cultivating of bamboo. Bamboo is hereby
deemed to be an obnoxious growth under this chapter. Subject to certain
exemptions set forth in this section, no persons, residents, citizens,
property owners and/or tenants of the Borough shall plant, cultivate,
or cause to grow, any bamboo on any lot and/or parcel of ground anywhere
within the geographic boundaries of the Borough of Rockaway, except
for:
(1)
Where
the root system of such bamboo plants is entirely contained within
an above-ground-level planter, barrel, or other vessel of such design,
material and location as to entirely prevent the spread of growth
of the bamboo plants' root system beyond the container beyond which
it is planted; and
(2)
Whether
planted or growing in a container, as described herein, all bamboo
plants shall be located, trimmed and maintained so that no part of
the plant shall be closer than 10 feet to any property line.
C.
Exemptions. This section shall not apply to any landowner or possessor of said land who, prior to the effective date of this section, has any bamboo on any property within the Borough limits. Notwithstanding the foregoing, no portions of such bamboo shall be allowed to grow upon, extend roots across, or extend branches, stalks or leaves over any public way or onto any private property. If such occurs, the provisions of Subsection D shall apply.
D.
Complaint
notice, order for removal and compliance. Whenever a complaint is
received by the Borough regarding the encroachment of any bamboo plant
or root, or whenever the Borough, on its own observations and inspections,
determines that there is an encroachment of bamboo plants or roots
onto the property of another landowner or tenant in possession of
the property, or both, the Borough shall cause notice to be served
and the following actions occur:
(1)
The
notice shall be mailed by certified mail, return receipt requested,
properly addressed and with sufficient postage, and also by first-class
mail. Notice by certified mail shall be deemed complete on the date
of 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 its being mailed by the Borough.
(2)
The
notice shall specify the nature of the violation(s).
(3)
The
notice shall state that the violation(s) must be corrected within
30 calendar days from the date of the received or returned mailing.
(4)
The
notice shall state specifically what must be done by the responsible
party to correct the violation(s).
E.
Investigations;
reports. The Construction Official, Superintendent of the Department
of Public Works, or the Health Officer of the Borough shall be considered
the proper officers to investigate all lands within the limits of
the Borough to determine violations of this section.
[Amended 11-13-2008 by Ord. No. 28-08]
The Construction Official, Fire Marshal or the
Health Officer of the Borough shall be considered the proper officer
to investigate all lands within the limits of the Borough to determine
whether such lands are or may become dangerous to the public health,
safety or general welfare, or might tend to be a fire hazard, and
shall report any such nuisances to the Council.
The owner or tenant of lands lying within the
limits of the Borough containing brush, weeds, dead and dying trees,
stumps, roots, obnoxious growths, filth, garbage, trash and debris,
upon notice from the Borough Clerk, shall remove or cause the same
to be removed within 10 days.
[Amended 12-9-1976 by Ord. No. 11-76]
In the event that the owner or tenant shall
fail to comply with the notice from the Borough Clerk within 10 days
from the date of such notice, the Chief of the Fire Department or
the Health Officer of the Borough or their authorized agents shall
issue and serve upon said owner or tenant a summons for violation
of this section, said summons to state with particularity the violation
complained of.
[Amended 12-9-1976 by Ord. No. 11-76; 11-14-1991 by Ord. No. 22-91; 8-24-2006 by Ord. No. 15-06]
For each and every violation of the provisions of this article, Nuisances, the owner or tenant of any lands or building shall be subject to a fine of not less than $100 nor more than $2,000 and/or by imprisonment not exceeding 90 days and/or by 90 days' community service, at the discretion of the Court or judicial officer before whom a conviction may be had. Each and every day that such violation shall continue after the ten-day period stated in § 197-4 shall be considered a separate and specific violation of this section and not as a continuing offense.
[Amended 12-9-1976 by Ord. No. 11-76]
In the event that the owner or tenant fails
to comply with the notice from the Borough Clerk within 10 days from
the date of such notice, said brush, weeds, dead and dying trees,
stumps, roots, obnoxious growths, filth, garbage, trash and debris
may be removed from such lands under the direction of the working
foreman of streets; and, if removed under his direction at the cost
and expense of the Borough, he shall certify the cost and expense
thereof to the Council, which shall examine the certificate of such
cost and expense and, if found correct, shall cause the cost and expense
as shown thereon to be charged against said lands and shall be added
to and become and form a part of the taxes caused to be assessed and
levied upon lands, the same to be charged interest at the same rate
as taxes, and shall be collected and enforced by the same officers
and in the same manner as taxes.
