Article III    Special Conditions
Sec. 7-3-23    Ownership and maintenance provisions, Town authorities
Sec. 7-3-24    Maintenance provisions, Town authorities
Sec. 7-3-25    Consent of landowners required

(a)    No PUD shall be approved unless the Town Board is satisfied that the landowner has provided for or established an adequate organization for the ownership and maintenance of common open space and private roads, drives and parking which, in the opinion of the Town Board, is best calculated to ensure maintenance of such areas.
(b)    Homeowners' association required to maintain improvements.
(1)    Should a homeowners' association be created by a property owner or developer with the responsibility of maintaining certain improvements, then in that event, such responsibility for maintaining improvements by the homeowners' association shall be mandatory under this Code.  In the event that the homeowners' association fails to properly maintain such improvements (common elements), including but not limited to landscape, street, sidewalks, fences, irrigation systems, walkways, bike trails, open space or other improvements as the case may be, then after serving the homeowners' association with a demand letter for compliance at least ten (10) days prior to taking action, the Town may provide the appropriate maintenance to such improvement and charge back the homeowners' association for its costs, including a five-percent fee for inspection and other administrative costs.
(2)    The Town Clerk, after the work has been performed by the Town, shall forward a statement to the homeowners' association to include all costs of the Town, including the five-percent fee, with a demand that such statement be paid within thirty (30) days of mailing by first class mail, postage prepaid.
(3)    Failure to pay such assessment within such period of thirty (30) days shall cause such assessment to become a lien to be applied pro rata against the individual properties of the particular development with the defaulting homeowners' association and shall have priority over all other liens except general property taxes and prior assessments, and the same may be certified at any time after such failure to pay the statement within said thirty (30) days by the Town Clerk to the County Treasurer to be placed upon the tax list for the current year to be collected in the same manner as other taxes are collected, with a ten-percent penalty to defray the cost of collection.  The Town may also use any other remedy available by law for the collection of a debt.
(4)    The homeowners' association shall be required to submit the name and telephone number of the chairman, president or other contact person to the Town Board within thirty (30) days of January 18, 2001, the effective date of the ordinance codified herein and on an annual basis as soon thereafter as each annual meeting of the homeowners' association occurs.  A property owner requesting a building permit must, in those circumstances where a subdivision or PUD has an architectural control committee, submit a certification that such architectural control committee has reviewed and approved the property owners' proposal.  Such review by the architectural control committee shall be limited to design, materials, color, etc.  Construction standards under the Uniform Building Code will remain the responsibility of the Town Building Inspector.  (Ord. 480 §2, 2000; Ord. 485 §1, 2001)

(1)    The Town Board may serve written notice upon such organizations or upon the residents of the PUD setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof and shall state the time, date and place of a hearing thereon, which shall be held within fifteen (15) days of the date of notice.
(2)    At such hearing, the Town Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be cured.
(3)    If the deficiencies set forth in the original notice and in the modifications thereof are not cured within the period set, the Town, in order to preserve the taxable values of the properties within the PUD and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of one (1) year.  Such entry and maintenance shall not vest in the public any rights to use the common open space except when it is dedicated to the public by the owners.
(4)    Prior to the expiration of the year of Town maintenance, the Town Board shall call a public hearing upon notice to the organization responsible for the maintenance of the open space, or to the residents of the PUD, at which hearing the organization or the residents shall show cause why such maintenance by the Town shall not continue for the succeeding year.  If the Town Board determines that the responsible organization is not ready and able to maintain the open space in a reasonable condition, the Town, in its discretion, may continue to maintain the open space during the next succeeding year, and subject to a similar hearing and determination, in each year thereafter.
(5)    The cost of maintenance by the Town shall be paid by the owners of properties within the PUD that have a right of enjoyment of the open space, and any unpaid assessment shall become a tax lien in the office of the County Clerk and Recorder upon the properties affected by such lien to the Town Board and Town Treasurer for collection, enforcement and remittance in the manner provided by law for the collection, enforcement and remittance of general property taxes.  (Ord. 480 §2, 2000)