§ 155.574  MAINTENANCE OF COMMON OPEN SPACE.
   (A)   In the event that the organization established to own and maintain common open space, or any successor organization, at any time after establishment of the planned unit development fails to maintain the common open space in reasonable order and condition in accordance with the plan, the village may serve 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 conditions, and such notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the village 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 30 days or any extension thereof, the village, in order to preserve the taxable values of the properties within the planned unit development and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of one year. The entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the village 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 unit development, to be held by the Planning and Zoning Board of the village, at which hearing such organization of the residents of the planned unit development shall show cause why such maintenance by the village shall not, at the election of the village, continue for a succeeding year. If the Planning and Zoning Board determines that such organization is ready and able to maintain the common open space in reasonable condition, the village shall cease to maintain the common open space at the end of the year. If the Planning and Zoning Board determines such organization is not ready and able to maintain the common open space in a reasonable condition, the village may, in its discretion, continue to maintain the common open space during the next succeeding year subject to a similar hearing and determination, in each year thereafter. The decision of the Planning and Zoning Board in any such case shall constitute a final administrative decision subject to review in accordance with the appropriate provisions of this chapter.
   (B)   The cost of such maintenance by the village shall be assessed ratably 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 such properties. The village, at the time of entering upon the common open space for the purpose of maintenance, shall file a notice of such lien in the office of the County Recorder upon the properties affected by such lien within the planned unit development.
(Ord. 1999-2, Zoning § 22, subs. .300, passed 2-15-1999)