No known invasive trees, shrubs or other vegetation, as set forth in the Kentucky Invasive Plant Council List, including any species of bamboo, shall be planted within any public rights-of-way or upon any City owned or controlled property or easement.
   (A)   Any invasive which has been planted, installed, or otherwise continues to grow prior to the effective date hereof is subject to the following compliance requirements:
      (1)   The property owner shall be responsible to ensure that any such preexisting invasive plant does not encroach or grow upon any adjoining property or properties. Such measures may include installation of sheathing comprised of metal or any other impenetrable material at a sufficient depth within the property line or lines where such preexisting invasive is planted or growing.
      (2)   Preexisting bamboo shall not be replanted or replaced once such bamboo is or has become, for any reason, dead, destroyed, uprooted, eradicated or otherwise removed.
   (B)   In the event that any invasive grows or invades upon any adjoining property or properties, the City Arborist or Director shall notify the offending property owner of the invasion or growth and that the property owner is responsible for its removal. The property owner shall have 30 days in which to undertake remedial measures or thereafter shall be considered in violation hereof and, upon citation, shall be subject to the penalty provision set forth herein. In the event the City shall be required to remove said invasive from any public rights-of-way or City owned or controlled property or easement, the property owner shall be liable to the City, upon invoice, for the cost of removal.
(Ord. O-2019-011, passed 7-22-2019)