§ 158.190  MAINTENANCE.
   (A)   The applicant, developer, landowner and successors in interest shall be jointly and severally responsible for the regular maintenance of all landscaping elements, whether located on private common ground or private property, in accordance with the approved landscaping plan. Trees and vegetation, irrigation systems, fences, walls and other landscape elements shall be considered required elements of a development in the same manner as parking, building materials and other site requirements imposed by the final development plan or otherwise. When a buffer is required, the owner shall maintain the landscaping and screening to provide an opaque visual screen to a height of six feet on a continuous, year-round basis. All landscaping shall be maintained free of disease, pests, weeds and litter. All landscape structures shall such as fences, walls and planters shall be repaired and replaced periodically to maintain them in a structurally sound and aesthetically pleasing condition.
   (B)   (1)   All property owners shall be responsible to maintain and keep safe and free from debris and yard waste the landscaped parkway adjacent to such property. Any landscape element located on the owner’s property that dies, or is otherwise removed or seriously damaged, shall within 30 days of the beginning of the growing season be replaced based on the requirement of this subchapter.
      (2)   If the owner fails to fulfill his or her obligation in this regard during an 18-month period after installation of the landscaping, the city may complete the performance and seek reimbursement from the owner’s surety.
(Ord. 3474, passed 9-5-2006)