(A) Common open space, privately owned shall require provisions for maintenance and the financing of such maintenance to insure its continuity, conservation, maintenance and preservation in order to prevent its diversion and deterioration in the manner hereinafter set forth. Publicly owned common open space shall be the responsibility of the governmental entity approving as accepting same on the plat.
(B) If privately owned common property is a part of the plan, then the developer shall establish an open space development plan which shall include the plats, agreements, protective covenants, easements and documents to be recorded providing for the ownership, maintenance and financing of the maintenance for the common open space, together with the documents establishing a home owners association for the maintenance of all properties held in common.
(C) In the event that the owner established to own, develop and maintain the common open space, or any successor, shall at any time after the establishment of the open space development, fail to maintain the common open space in reasonable order and condition in accordance with the plan, or permit it to deteriorate so as to constitute a public nuisance, then the village having jurisdiction over the same may serve written notice upon the owner or upon the residence of the open space development area setting forth the manner in which the owner has failed to maintain the common open space in reasonable condition or has permitted a public nuisance to develop. The notice shall include a demand that the deficiencies be cured within 30 days thereof and shall state the date and place of hearing thereon before the village to be held within 15 days after the notice. At the hearing the village may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications hereof are not cured within the 30 days or any extension thereof, the village, in order to prevent further deterioration or to abate the public nuisance, may enter upon the common open space and maintain the same until the owner established for the purpose resumes its responsibility. The entry maintenance and abatement upon the common open space shall not vest in the village any rights to use the common open space for any other purpose, nor shall the entry constitute a dedication.
(D) To provide for the costs of the maintenance and abatement by the village, the developer or the owner established to own the common open space shall simultaneously with the execution of the unit plan grant to the village a conservation easement vesting in the village all of the rights necessary to carry out the term of this section, as well as all of the rights of the developer or the owner of the open space to collect dues or assessments from the property owners within the development, which dues and assessments, or a reasonable substitution therefore, for the maintenance of the common open space shall be an obligation upon the property owners by virtue of such conservation easement or recorded protective covenants, as well as any articles of incorporation or bylaws of any owners association to hold title to the common open space.
(Ord. 17-96, § 600.5, passed 4-15-1996)