(a) In the event that the organization or any successor organization responsible to own and maintain common open space, at any time after establishment of the Planned Unit Development, fails to maintain the common open space in a reasonable order and condition in accordance with the plan, the Planning Commission may cause service of written notice upon such organization or upon the residents of the Planned Unit 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 remedied within 30 days, and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At the hearing the Planning Commission may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be remedied. If the deficiencies set forth in the original notice or modifications are not remedied within the 30 days or any extension, the Village, in order to preserve taxable values of the properties within the Planned Unit Development and to prevent common open space from becoming a public nuisance, may enter upon the common open space and maintain it for a period of one year. The entry and maintenance shall not vest in the public any right to use the common open space, except when the open space is voluntarily dedicated to the public by the owners. Before the expiration of the organization responsible for the maintenance of the common open space, a public hearing shall be scheduled upon notice to the organization or to the residents of the Planned Unit Development, to be held by the Planning Commission at which hearing, the organization or the residents of the Planned Unit Development shall show cause why the maintenance by the Village shall not, at the election of the Planning Commission, continue for a succeeding year.
(b) The cost of such maintenance by the Village shall be proportionally assessed against the properties within the Planned Unit Development that have a right of enjoyment of the common open space and shall become a tax lien on the properties.
(Ord. 30-2007. Passed 12-20-07.)