(a) The ultimate owner of the open space shall be responsible for raising all monies required for operations, maintenance, or physical improvements to the open space through annual dues, special assessments, etc. The owner shall be authorized under its bylaws to place liens on the property of residents who fall delinquent in payment of such dues, assessments, etc.
(b) In the event that the organization established to own and maintain common open space shall at any time after establishment of the planned development fail to maintain the common open space in reasonable order and condition in accordance with the Final Development Plan, the Planning and Zoning Administrator may serve written notice upon such organization or upon the residents of the planned conservation development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. The notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof, and shall state the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice. At such hearing Council 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 thereof shall not be cured within said thirty (30) days or any extension thereof, Council, in order to preserve the taxable values of the properties within the planned development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one (1) year. Said entry and maintenance shall not vest in the public any rights to use the common open space. Before the expiration of said year, Council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the planned development, to be held by Council, at which hearing such organization or the residents of the planned development shall show cause why such maintenance by Council shall not, at the election of Council, continue for a succeeding year. If Council determines such organization is ready and able to maintain said common open space in reasonable condition, Council shall cease to maintain said common open space at the end of said year. If Council shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, Council may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination, in each year thereafter. The decision of Council in any such case shall constitute a final administrative decision subject to review as provided by law.
(c) The cost of such maintenance by the Municipality shall be assessed against the properties within the planned development that have a right of enjoyment of the common open space, and shall become a tax lien on said properties. The Municipality, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the Franklin or Fairfield County Recorder, upon the properties affected by such lien within the planned development.
(Ord. 41-01. Passed 8-20-01.)