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I <br />I <br />I <br />I <br />i <br />I <br />I <br />I <br />I <br /> <br />and specifications showing the nature, kind, shape, height, color, materials and <br />l~ations of the improvement or alteration shall have been approved in writing <br />by~ the Board. <br />The criteria for approval shall include and require, at a minimum, the standards <br />sot forth in Section 2 of this Declaration. <br /> <br /> c. The restrictions and requirements in this Section shall not apply to the <br /> construction by the Declarant of streets, utilities, ponds or other amenities or <br /> facilities on the property. <br /> <br /> 3.03 Re'View Procedures The following procedures shall govern requests for <br />construction of irhprovements or alterations under this Section: <br /> <br /> a. When a site plan is required by the Declarant's City Code, that process shall be <br /> COmpleted in conjunction with the requirements of the covenants. <br /> <br /> b. Detailed plans, specifications and related information regarding any proposed <br /> ir~.' provement or alteration, in form and content acceptable to the Board, shall be <br /> sabmitted' to the Board at least 30 days prior to the projected commencement of <br /> constmcnon. No improvements or alterations shall be commenced prior to <br /> ap~proval. <br /> <br /> c. The Board shall give the owner written notice of approval or disapproval. <br /> Written notice of disapproval shall indicate reasons for disapproval and shall, if <br /> pi~tcticable, specify the aspects of the request for construction of improvements <br /> oN alternations which are not acceptable. If the Board fails to approve or <br /> disapprove within 30 days after receipt of said plans and specifications and all <br /> other information requested by the Board, then approval will not be required, <br /> arid this Section shall be deemed to have been fully complied with so long as the <br /> irfiprovements or alterations are done in accordance with the plans, <br /> specifications and related information which were submitted. <br /> <br /> d. If;no request for approval is submitted, approval is denied, unless (1) the <br /> improvements or alterations are reasonably visible, and (2) no written notice of <br /> the violation has been given to the owner on whose lot the improvement or <br /> alteration is made by the Board or another owner,' within six months following <br /> th~ date of completion of the improvement or alterations. Notice may be direct <br /> w0tten notice or the commencement of a legal action by the Board or an owner. <br /> Tt~e owner of the lot on which the improvement or alteration is made shall have <br /> the burden of proof, by clear and convincing evidence, that the improvement or <br /> al[erations were completed and reasonably visible for at least six months <br /> fo,llowing completion. <br /> <br /> 3.04 Remedies for Violations The Board may undertake any measures, legal or <br />administrative, t6 enforce compliance with this Section and shall be entitled to recover, from <br />the owner causintg or permitting the violation, all attorneys fees and costs of enforcement, <br />whether or not a l~egal action is started. Such attorneys fees and costs shall be a lien against the <br />owner's lot and alpersonal obligation of the owner. In addition, the Board shall have the right <br />to enter the owner s lot and to restore any part of the lot to ~ts prior condiuon ~f any <br />improvements o~ alterations were made in violation of this Section, and the cost of such <br />restoration shall lle a personal obligation of the owner and a lien against the owner's lot. <br /> <br />Page 6 of 9 <br /> <br /> <br />