§ 152.535 MAINTENANCE RESPONSIBILITY.
   (A)   In order for any landscaping and screening to fulfill the purpose for which it was established, it must be properly maintained. The of the property and any tenant on the property where screening is required will be jointly responsible for the maintenance of all landscaping and screening materials required under this UDO. Maintenance includes actions necessary to keep screening materials healthy, neat and orderly in appearance and free of litter and debris.
   (B)   All screening and landscaping areas must be protected from damage by motor vehicles or pedestrians which could reduce the effectiveness of the screening.
   (C)   Any dead, unhealthy, or missing , or disfigured by severe or excessive pruning, shall be replaced with locally adopted that conforms to the standards of this UDO and the approved site and/or plan. In the case of removal of existing original from required protection areas, the replacement requirements of§ 152.535 shall apply.
   (D)   In the event that any or physical element functioning to meet the standards of this UDO is severely damaged due to an unusual weather occurrence or natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, the may be required to replant if the standards are not being met. The shall have one growing season to replace or replant after reconstruction is complete. The Town Planner shall consider the type and location of the landscape or required area as well as the propensity for natural revegetation in making a on the extent of replanting requirements.
   (E)   Any of the Town Planner’s decision relating to the amount of required revegetation shall be made to the within ten days following the notice of decision, and the shall consider reduction requests at the next available regular meeting.
   (F)   All required buffers, streetscapes, vehicular use areas, and other landscaped areas shall be free of refuse and debris, shall be treated for pest/diseases in accordance with the approved site and/or plan, and shall be maintained so as to prevent mulch, straw, dirt, grass clippings, or other materials from washing onto and sidewalks.
   (G)   The should take actions to protect trees and landscaping from unnecessary damage during all facility and site maintenance operations. Plants must be maintained in a way that does not obstruct sight distances at roadway and drive intersection, obstruct traffic signs or devices, and/or interfere with the use of sidewalks or pedestrian trails. Viable plants shall not be removed, damaged, cut or severely pruned so that their natural form is impaired (shrubs within existing vehicle use areas and streetscapes may be pruned, but must maintain the minimum required height).
   (H)   In the event that existing required located within any required buffers, streetscapes, vehicular use or other landscape areas poses an immediate or imminent threat to improved structures on private or public property, severe pruning and/or removal of the is allowable provided prior approval from the Town Planner is obtained, and the performance standard of the landscape area is maintained consistent with this UDO.
   (I)   Unapproved removal of and/or severe or excessive pruning in non-emergency situations will result in a violation of this UDO.
   (J)   The of the property on which a required or wall is located shall maintain the or wall in a safe and attractive condition. This shall mean the following:
      (1)   No or wall shall have more than 20% of its surface area with disfigured, cracked, ripped or peeling paint or other material;
      (2)   A or wall shall not stand with bent or broken supports, including loose or missing appendages; and
      (3)    and walls shall be plumb (vertical) to the ground.
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2005-O8, passed 7-19-2005; Am. Ord. 2013-O15, passed 7-16-2013)