05/21/85 - Laserfiche WebLink

Home

(3) notice shall include the demand that the deficiencies noted be cured within thirty (30) days thereafter and shall state the date and place of a hearing to be held within fourteen (14) days of the notice. At the time of hearing, the City Council may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth 'in the original notice or modifications are not cured within the time set, the City Council, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance, may enter upon such common facilities and maintain the same for a period of one (1) year. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedi- cated to public use. Before expiration of such year, the City Council shall, upon its own initiative or upon the written request of the organization theretofore responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the planned unit development. At such hearing, the organization responsible for maintenance and/or the residents of the development may show cause why maintenance by the City should not be continued for a suc- ceeding year. If the City Council determines that it is not necessary for the City to continue such maintenance, the City shall cease such maintenance at the time established by the City Council. Otherwise the City shall continue mainte- nance for the next succeeding year subject to a similar hearing and determination at the end of each year thereafter. The cost of maintenance by the City shall be a lien against the common facilities of the planned unit development and the private properties within the development. The City Council shall have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The City may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes. Guarantees for open space preservation. Open space shown on the approved final plan shall not be used for the construc- tion of any structures not shown on the final plan. -52-