POR 2016 #32 · Agenda item attachment · Feb 22 2016

-1- Chapter 8.69—Running Bamboo Ordinance Sections: 8.69.010—Short Title This Chapter may be cited as the Running Bamboo Ordinance of the City of Cambridge 8.69.020—Statement of Purpose The purpose of and intent of this ordinance is to preserve and protect private and public property and right of ways from the damaging spread of running bamboo and to protect indigenous biodiversity threatened by the invasive grasses. Bamboo that encroaches beyond the owner’s property poses a substantive menace to the structures and property of abutting parcels, and the spread of rhizomes and new shoots creates a general nuisance. As running bamboo threatens to be destructive to the natural environment and to the enjoyment of public and private property including structures and paved surfaces in the City of Cambridge, the Council hereby declares it necessary to require regulation of existing and all subsequent running bamboo plantings. 8.69.030—Definitions Barrier System. For the purposes of this ordinance a Barrier System shall be defined as any barrier constructed with the following specifications: (a) A Barrier composed of high density polypropylene or polyethylene; (b) Secured or joined with stainless steel clamps or enclosure clips designed for such barriers; (c) Installed no less than thirty (30) inches deep; (d) Protruding no more than four (4) inches above ground level and no less than two (2) inches above ground level along the entire length of the barrier; (e) With the installed barrier slanting outward from the bottom to the top. Running Bamboo. Any monopodial (running) tropical or semi-tropical grasses in the genera Bambusa, Phyllostachys, and Pseurdosasa, including phyllostachys aurea and phyllostachys aureosulcata, commonly referred to as Golden Bamboo and Yellow Grove Bamboo, and their rhizomes. For the purpose of this ordinance, any species of bamboo that has spread to an abutting property shall be considered Running Bamboo. Running Bamboo Owner. Any property owner or resident who has planted and/or grows Running Bamboo, or who maintains Running Bamboo on the property, or who permits Running Bamboo to grow or remain on the property even if the bamboo spread from an adjoining

-2- property. Any property owner or resident at whose property Running Bamboo is found will be considered a Running Bamboo Owner, except any property owner or resident who: (a) Did not plant or grow or cause running bamboo to be planted or grown on his or her property; and (b) Has provided satisfactory proof to the City that, within a reasonable period of time after discovering the encroachment of running bamboo onto the property from an adjoining or neighboring property, advised the owner of such property, by delivery of a written notice, of an objection to the encroachment of the running bamboo and a request for the bamboo to be removed; and (c) Has initiated steps for the removal of the running bamboo from the property. 8.69.040—Applicability For the purposes of this Chapter, running bamboo found growing upon property shall constitute presumptive evidence that the bamboo was planted and/or grown by and with the consent of the owner upon whose property the running bamboo is growing. If the bamboo is found to have encroached, spread, invaded, or intruded upon any property other than the property on which it was planted, including public property and right of way, it shall be presumed that the bamboo is Running Bamboo as defined herein, and subject to the provisions of this section. The provisions of this section shall not apply to running bamboo planted on any property within 4 (four) feet of the boundary line if it is properly confined at the time of ordination. 8.69.050—Duty to Confine All running bamboo owners must confine bamboo in a manner that will prevent the bamboo from encroaching, spreading, invading, or intruding onto any other private or public property or right of way, and shall be required to take any such reasonable measure to do so, including but not limited to the installation of a property constructed and maintained underground physical Barrier System. No new running bamboo shall be planted, maintained, or otherwise permitted to grow on any property within four (4) feet of the boundary line of an adjoining property in the City or four (4) feet of any public right of way in the City. A Running Bamboo Owner who fails to confine bamboo to their own property, or permits running bamboo to grow within four (4) feet of their property boundary after the date of ordination, shall be subject to the penalty provisions of §8.69.080 herein. 8.69.060—Property Owners Affected by Running Bamboo In the event that a property owner notifies a Running Bamboo Owner that bamboo is encroaching, spreading, invading, or intruding upon such property owner’s property, as required under §8.69.030, such notifying property owner shall give consent to the Running Bamboo

-3- Owner to enter said notifying property owner’s property in order that the Running Bamboo Owner may remove the bamboo thereon. Except in the case that effected property is owned by the City, failure to give consent shall hold the notifying property owner responsible for the removal of the encroaching bamboo at such property owner’s cost. Consent hereunder shall also be deemed to be consent given to a contractor that the Running Bamboo Owner may hire for the removal of the running bamboo from effected property, and to the City or the City’s contractor should that become necessary. Neither the Running Bamboo Owner, the City, nor a contractor hired on behalf of the Running Bamboo Owner or the City to remove bamboo from a neighboring property, shall be liable for incidental damages caused by the removal of the bamboo. If Running Bamboo encroaches, spreads, invades, or intrudes upon property that is owned by the City, then the Running Bamboo will be removed by the City or its designated contractor at the cost of the Running Bamboo Owner. Nothing herein shall be misconstrued as to grant a right to a Running Bamboo Owner to cause the removal of Running Bamboo that has spread to public property. 8.69.070—Failure to Confine (a) In the event running bamboo is permitted to encroach or grow onto an adjoining or neighboring property, and the Running Bamboo Owner fails to remove the bamboo, or fails to cause it to be removed following a request to do so by the affected adjoining property owner within thirty (30) days from the date of the request, the affected adjoining property owner shall notify the Commissioner of Public Works of such encroachment. The Commissioner shall be provided satisfactory proof from the affected adjoining neighbor that the Running Bamboo Owner was notified of the encroachment and had the requisite number of days to remove the Bamboo. When Running Bamboo is permitted to encroach or grow onto public property or right of way, the Commissioner may immediately send a notice of the encroachment to the Running Bamboo Owner. (b) The Commissioner shall confirm the presence of the encroaching Bamboo and shall notify the Running Bamboo Owner in writing of such encroachment, which notice shall: (1) Specify the nature and location of the violation; (2) Provide notice of the requirement to prevent Running Bamboo to grow within four (4) feet of the boundary line of an adjoining property, and when applicable, to remove all portions of the Bamboo plant from the affected adjoining property within thirty (30) days from the date of the notice; and (3) State that the failure to comply with the notice and order may hold the Running Bamboo Owner liable to the City for the cost of removal, any fines that may be imposed pursuant to §8.69.080, and the City’s cost to install a Barrier System as may be permitted under §8.69.090.

-4- The Commissioner’s notice shall be sent to the Running Bamboo Owner by certified mail, return receipt requested. 8.69.080—Penalty Any Running Bamboo Owner, whether a person, firm, corporation, or other legal entity, that is found to have failed to remove running bamboo when noticed to do so under §8.69.070(b) shall be fined $100.00 per day for each day that the Bamboo remains after the expiration of the 30-day notice period given by the Commissioner of Public Works. 8.69.090—City Removal and Confinement of Running Bamboo If the Running Bamboo Owner fails to remove the bamboo as directed in the notice sent pursuant to §8.69.080(b), the Commissioner of Public Works may cause the running bamboo to be removed and destroyed, and may employ the necessary labor and equipment to perform such task, together with any cleanup work required, within appropriations previously made by Council. To prevent further encroachment onto any public property or right of way, the City may also install a physical Barrier System designed to contain the Running Bamboo and prevent its further intrusion. The cost of the installation of the Barrier System shall be charged to the Running Bamboo Owner as provided in §8.69.100. The City shall not be liable to the owner of property affected by running bamboo for damages cause as a result of the bamboo removal. 8.69.100—Statement of Cost to Owner When the Commissioner of Public Works causes Running Bamboo to be removed, or causes a physical Barrier System to be installed as provided in §8.69.090, a statement of the cost thereof shall be mailed to the Running Bamboo Owner by certified mail, return receipt requested. 8.69.110—Severability The provisions of this Chapter are severable. If any section, provision or portion of this Chapter is determined to be invalid by a court of competent jurisdiction, the remaining provisions of this Chapter shall continue to be valid.