(a) Common open space, privately owned, shall require provisions for maintenance and the financing of such maintenance to ensure its continuity, conservation, maintenance and preservation in order to prevent its diversion and deterioration in the manner hereinafter set forth. Publicly owned common open space shall be the responsibility of the governmental entity approving and accepting the same on the plat.
(b) If privately owned common property is a part of the plan, then the developer shall establish an open space development plan which shall include 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, together with the documents establishing a homeowners' association for the maintenance of all properties held in common.
(c) In the event that the owner established to own, develop and maintain the common open space, or any successor, shall, at any time after the establishment of the open space 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, then the governmental unit having jurisdiction over the same (hereinafter called "governmental unit") may serve written notice upon such owner or upon the residents of the open space development area setting forth the manner in which the owner 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 corrected within 30 days thereof and shall state the date and place of hearing thereon before the governmental unit, to be held within 15 days after the notice. At such hearing the governmental unit may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof are not corrected within the 30 days or any extension thereof, the governmental unit, 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 owner established for such purpose resumes his or her responsibility. Such entry, maintenance and abatement upon the common open space shall not vest in the governmental unit any rights to use the common open space for any other purpose, nor shall such entry constitute a dedication.
(d) To provide for the costs of such maintenance and abatement by the governmental unit, the developer or the owner established to own the common open space shall, simultaneously with the execution of the unit plan, grant to the governmental unit a conservation easement vesting in the governmental unit all of the rights necessary to carry out the terms of this section, as well as all of the rights of the developer or the owner of the open space to collect dues or assessments from the property owners within the development, which dues and assessments, or a reasonable substitution therefor, for the maintenance of the common open space, shall be an obligation upon the property owners by virtue of such conservation easement or recorded protective covenants, as well as any articles of incorporation or bylaws of any homeowners' association to hold title to the common open space.
(Ord. 17-83, passed 6-6-1983)