§ 12.16.080 MAINTENANCE.
   (A)   (1)   All private roads or streets shall be maintained by the owners thereof in such manner that adequate, safe and convenient access by vehicular traffic is provided at all times for all vehicles, including fire, police, health and sanitation and public utilities vehicles, and so that the public vehicles can service all properties to which access over the private road is to be gained.
      (2)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
         OWNERS. The owner or owners of the fee simple title to the easement and also all those who have easement to pass over the private road by virtue of ownership of property adjacent or contiguous to the easement.
   (B)   If the private roads or streets are not maintained as required by division (A) above, then the Director of Public Works may, after ten days written notice to those required to maintain the private roads or streets, proceed to cause the work and improvement to be done upon the private roads or streets as needed to meet the requirements and the cost thereof shall be a lien upon the property of the owners of the easement or private road; and the costs may be levied and assessed against the real property as a part of the real property tax for the next ensuing taxable year.
   (C)   All owners of the proposed private road or street, and all property owners adjacent or contiguous thereto, shall be notified that the provisions of this section shall apply as a condition of approval of a private road or street easement map.
   (D)   The Planning Commission may require as a condition of approval that the owners and any others having use of or benefit from the private road, including adjacent and contiguous property owners, enter into a private road maintenance agreement with the town.
(Prior Code, § 12.16.080)