City Council on Thursday approved the first reading of an ordinance that prohibits the planting of bamboo in Ocean City and requires owners of properties with existing bamboo to pay to remove it from neighbors' properties if it spreads.
The species travels easily from one property to the next and is extremely difficult to remove. At the same time, its strong underground runners can damage structures and landscapes.
Bamboo has been described as invasive, evil and in the words of one Ocean City resident who found it growing in his ductwork and through a slate porch — "amazing."
But with a species that spreads so easily somewhat prevalent on a densely developed island where little space separates neighbors, a handful of residents asked council members exactly how they propose to determine who's responsible for encroaching bamboo.
The ordinance is detailed but includes the following basic provisions:Ocean City resident Pete Ault told council that 20 years ago he and his wife enjoyed the bamboo that blocked his bathroom window and lined part of the perimeter of his property. That is, until the bamboo started spreading to his ductwork. That sobering discovery, Ault said, led to several years of hacking and digging at bamboo in an effort to eradicate it.
Having seemingly accomplished the task, Ault volunteered to remove some that had spread to his neighbor's property. But his neighbor declined, said he liked it. And now the bamboo has spread back to Ault's property. So who's responsible to pay for removing it under the new ordinance, Ault asked. Who's bamboo is it?
Merion Park resident Marty Mozzo said he's the third owner of a 16-year-old home with existing bamboo in adjacent yards. "How do you prove who's encroaching upon whom?" he asked.
"What happens if it reappears after a neighbor fixes it?" asked Phebe Dickson, who first approached City Council about doing something about the spread of bamboo.
"How will we know who started it?" Councilman Keith Hartzell asked. "It gets nasty when neighbors have to turn each other in. "This is the Hatfields and McCoys."
City Solicitor Dottie McCrosson told City Council that the city's code enforcement officer would be responsible for determining a property owner is responsible for encroachment. If the officer can't make a determination, each party would be responsible for containing their own bamboo, she said.
Council approved the measure in a 7-0 vote. The Planning Board will review the ordinance for consistency, and a public hearing and second reading is scheduled for Sept. 25.
In the meantime, Council President Tony Wilson said he would set up a meeting that would include Community Operations Director Roger McLarnon and Zoning Officer Ken Jones to talk about some of the enforcement issues that were raised on Thursday.
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