Post-Compliance Status Records for 221 Cherry Quay Road Bamboo Violation

The request was successful.

Dear Brick Township,

Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-5(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:
Copies of government records concerning the bamboo violation at 221 Cherry Quay Road, Brick, New Jersey, including, but not limited to, Code Violation CVIO-26-00784, for the period June 30, 2026 through the date this request is processed.

To be clear, I am seeking records created, received, sent, entered, modified, updated, reviewed, considered, relied upon, or used on or after June 30, 2026. I am not requesting duplicate copies of records previously produced in response to prior OPRA requests unless those records were modified, updated, newly entered into a Township system, reviewed, considered, relied upon, or used after June 30, 2026 in connection with a compliance, enforcement, status, extension, closure, reinspection, or bamboo-identification determination.

Please provide the following records:

1. All records showing the current status of the bamboo violation, including whether the matter is open, closed, compliant, noncompliant, partially compliant, extended, pending reinspection, pending further enforcement, or referred for summons/court action.

2. All records concerning any inspection or reinspection after the June 30, 2026 compliance deadline, including inspection reports, field notes, status notes, photographs, videos, screenshots, SDL entries, activity logs, complaint notes, inspection worksheets, and records showing the date, time, start time, end time, arrival time, departure time, duration, location, observations, and the name, title, and department of the inspector or code officer involved.

3. All records showing any summonses, warnings, notices, penalties, court referrals, additional extensions, abatement actions, or other enforcement action issued, considered, prepared, or taken after the June 30, 2026 compliance deadline.

4. All records showing whether the property owner requested any additional extension after June 30, 2026, and whether any such extension was granted, denied, considered, discussed, approved, or entered into any Township system.

5. All records submitted by or on behalf of the property owner after June 30, 2026 concerning bamboo removal, cutting, root removal, rhizome removal, containment, barriers, remediation, compliance, extension requests, contractor work, landscaping work, photographs, receipts, invoices, estimates, plans, or any claimed efforts to comply with the violation.

6. All records identifying the person or persons who entered, approved, authorized, directed, reviewed, signed off on, or modified any status change, compliance determination, extension, closure, reinspection result, enforcement decision, or compliance deadline after June 30, 2026.

7. All SDL audit trails, activity histories, change logs, user logs, status-change logs, screenshots, metadata, or system records showing any entry, update, modification, approval, extension, closure, compliance determination, or status change concerning this violation after June 30, 2026, including the date, time, user, employee, action taken, previous status, new status, previous compliance date, and new compliance date, if reflected in the system.

8. All call records, call logs, phone notes, message logs, voicemail records, complaint logs, service request logs, or other records reflecting telephone communications concerning this bamboo violation after June 30, 2026, including records showing whether each communication was incoming or outgoing, the date and time of the communication, the person or department involved, and any notes or summary of the communication.

9. All emails, including internal Township emails, external emails, forwarded emails, email chains, memoranda, text-based messages, or written communications concerning the June 30, 2026 compliance deadline, reinspection, compliance status, closure, extension, summonses, penalties, or further enforcement of this violation.

This request includes, but is not limited to, communications involving Darren Terrizzi, Joanne Bergin, Bryan Dickerson, Kevin Starkey, Jessica Larney, Jillian VonGlahn, Mayor Lisa Crate, Code Enforcement personnel, Zoning personnel, the Municipal Clerk’s Office, the Township Attorney’s Office, the Mayor’s Office, the property owner, and any Township employee or official involved in reviewing, discussing, approving, entering, modifying, or responding to the status of this matter.

10. All records created, received, entered, modified, updated, reviewed, considered, relied upon, or used after June 30, 2026 showing whether Brick Township made, changed, confirmed, relied upon, or applied any reasoned or rational determination regarding the type, classification, variety, or species of bamboo located at 221 Cherry Quay Road, including whether the bamboo was determined to be running, spreading, clumping, invasive, non-invasive, Fargesia scabrida, Phyllostachys, or any other type, variety, species, or classification.

11. All records showing the specific facts, objective observations, reasonable or rational basis, methodology, and records relied upon after June 30, 2026 for any bamboo type, variety, species, classification, compliance, or noncompliance determination, including inspection notes, photographs, measurements, diagrams, property-wide observations, sample testing, homeowner documentation, receipts, expert consultation, reference materials, training materials, certifications, communications, or other documents relied upon.

12. All records showing whether any inspection, identification, classification, compliance determination, or noncompliance determination after June 30, 2026 was based on direct observation of the entire property, multiple areas of the property, only one section of the property, areas where shoots or rhizomes were observed away from the original planting area, documentation provided by the property owner, expert input, prior Township records, photographs, field inspection, or any other source of information.

This request includes responsive records maintained in SDL or any other code enforcement system, email system, call log system, complaint tracking system, calendar/scheduling system, phone/voicemail system, vehicle log system, GPS system if maintained, or other Township recordkeeping system.

This request seeks existing government records and does not ask the Township to create a new record or provide a narrative explanation.

If no responsive records exist for any item, please confirm that in writing. If any responsive record is withheld or redacted, please identify the record withheld or redacted and state the specific legal basis for the withholding or redaction.

My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.

Yours faithfully,

Steven Miller

Jessica Larney, Brick Township

Please see the response from Code Enforcement below:

No new complaints or information exists since June 30, 2026. Darren is schedule to do a re-inspection in late August.

Sincerely,

Jessica L. Larney, RMC/CMR
Assistant Municipal Clerk
Deputy Registrar of Vital Statistics

Office of the Township Clerk/Vital Statistics
401 Chambers Bridge Road
Brick, New Jersey 08723
732-262-1003

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Dear Jessica,

Thank you for the response.

The Township previously advised that the compliance date for Code Violation CVIO-26-00784 was extended to June 30, 2026. The most recent response states: “No new complaints or information exists since June 30, 2026. Darren is scheduled to do a re-inspection in late August.”

For context, the bamboo remains a concern because it has spread beyond the property boundaries and continues to affect neighboring property. I am seeking records showing how the Township is evaluating compliance, reinspection timing, continued enforcement, and any treatment or remediation efforts in light of that ongoing spread.

Please provide any existing government records reflecting the scheduling, specific date, time, basis, approval, or reason for the late-August reinspection, regardless of whether those records were created before or after June 30, 2026.

This request includes, but is not limited to, any SDL entry, inspection queue entry, calendar entry, scheduling note, activity log, email, memorandum, internal communication, screenshot, status note, or other record reflecting:

1. the specific date and time, if any, of the late-August reinspection;
2. the date the late-August reinspection was scheduled;
3. who scheduled, approved, directed, or entered the late-August reinspection;
4. whether the June 30, 2026 compliance deadline was extended, deferred, continued, or otherwise not enforced;
5. the reason or basis for waiting until late August to reinspect;
6. the current status of the violation pending that reinspection; and
7. any records identifying chemical treatment, herbicide treatment, pesticide application, product name, active ingredient, EPA registration number, label, safety data sheet, applicator, contractor, application date, or application method concerning treatment reportedly applied to the bamboo, if such information was submitted to, received by, reviewed, considered, observed, or relied upon by the Township.

If no specific date has been scheduled for the late-August reinspection, please confirm that in writing.

If no records exist reflecting the late-August reinspection schedule, the basis for that schedule, any extension, deferral, or continued handling of the violation after the June 30, 2026 compliance date, or any chemical/herbicide/pesticide treatment information submitted to, received by, reviewed, considered, observed, or relied upon by the Township, please confirm that in writing.

Thank you,

Steven Miller

Jessica Larney, Brick Township

Hi Mr. Miller,

Please be advised that OPRA requests seeks specific, identifiable government records. Valid OPRA requests do not ask questions, do not seek information, and do not require a custodian to conduct any research or create a new record.
Majority of your request below is for information and questions, not for physical documents.
However, our Code Enforcement did respond below. In the future please just request for physical documents. Otherwise, your requests will be denied.
1. N/A next reinspection 8/28/26
2. N/A
3. N/A
4. Deferred until 8/28/26
5. Property owner is working toward compliance
6. Open
7. N/A
8. 8/28/26

Sincerely,

Jessica L. Larney, RMC/CMR
Assistant Municipal Clerk
Deputy Registrar of Vital Statistics

Office of the Township Clerk/Vital Statistics
401 Chambers Bridge Road
Brick, New Jersey 08723
732-262-1003

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