Open space areas shall be maintained so that the use and enjoyment thereof is not diminished or destroyed. Open space areas may be owned, preserved, and maintained by any of the following mechanisms or combinations thereof:
A. Dedication to the City of Canby or an appropriate public agency approved by the City, if there is a public agency will to accept the dedication.
B. Common ownership by a homeowner’s association which assumes full responsibility for its maintenance.
C. Dedication of development rights to an appropriate public agency with ownership remaining with the developer or homeowner’s associations. Maintenance responsibility will remain with the property owner; and/or
D. Deed-restricted private ownership preventing development and/or subsequent subdivision and providing for maintenance responsibilities.
In the event that any private owner of open space fails to maintain it according to the standards of this Code, the City of Canby, following reasonable notice, may demand that the deficiency of maintenance be corrected, and may enter the open space for maintenance purposes. All costs thereby incurred by the City shall be charged to those persons having the primary responsibility for maintenance of the open space.