1185.11 COVENANTS AND RESTRICTIONS.
The Planned Development shall provide common open space as required by this Zoning Ordinance and for the establishment of an organization (herein called the Association) for the ownership and maintenance of the common open space. All common open spaces located in the Development shall be reserved for the private use and benefit of the owners of the lots located in the Development.
The Planned Development shall provide for such plats, agreements, protective covenants, easements and documents to be recorded providing for the ownership, maintenance and financing of such maintenance for the common open space, as will reasonably ensure its continuity, conservation, maintenance and preservation and will work to prevent its diversion and deterioration.
In the event that the Association established to own and develop and maintain the common open space, or any successor organization, shall, at any time after the establishment of the Planned 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, the City may serve written notice upon such organization, or upon the residents of the Planned Development, setting forth the manner in which the Association has failed to maintain the common open space in reasonable condition, or has permitted a public nuisance to develop. Such notice shall include a demand that such deficiencies be cured within thirty days thereof and shall state the date and place of a hearing thereon before the Planning Commission to be held within fifteen days after the notice. At such 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 cured. If the deficiencies set forth in the original notice, or in the modifications thereof, are not cured within such thirty days or any extension thereof, the City, 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 Association established for such purpose resumes its responsibility. Such entry, maintenance and abatement upon the common open space shall not vest in the City any rights to use the common open space for any other purpose.
To provide for the costs of such maintenance and abatement by the City, the developer or the Association established to own the common open space, shall simultaneously with the execution of the unit plat, grant to the City a conservation easement vesting in the City all of the rights necessary to carry out the terms of this section, as well as all rights of the developer or Association, to collect dues or assessments from the property owners within the development, which dues and assessments, or a reasonable substitution thereof for the maintenance of the common open space, shall be an obligation of the property owners under recorded protective covenants, as well as the articles of incorporation or bylaws of the Association, formed to hold title to the common open space.
(Ord. 86-260. Passed 12-16-86.)