All common areas, including open or green spaces, community recreation facilities, washrooms, common walkways, parking areas, private streets, sidewalks, curbs, gutters, and all improvements set forth in Section
9-2.602 of Article 6 of Chapter 2 of this title which are not dedicated and accepted may be constructed only upon full and adequate provisions for their preservation and future maintenance in a manner acceptable to the Commission. Such provisions may be satisfied by a declaration of covenants, conditions, and restrictions duly signed and acknowledged by the owner; articles of incorporation or association, to be filed with the Secretary of State, forming a corporation or association, which shall include provisions empowering the entity created to own and maintain all the properties within its jurisdiction and to exercise the powers and duties of the entity which shall be fully set forth in the declaration; bylaws of the entity which shall set forth rules of membership, fees, assessments, membership rights, and principles; and forms of deeds incorporating the declaration by reference to its recording data. All documents shall be referred to the City Attorney for review and have the approval of the Commission as to their sufficiency to accomplish this purpose. The owners of the individual lots, as a condition of ownership of such lots, shall be required to participate in the legal entity so formed and be responsible to such legal entity for the cost of performing the necessary maintenance.
Any failure to properly maintain the common areas and improvements shall be, and the same is hereby declared to be, unlawful and a public nuisance endangering the health, safety, and general welfare of the public.
(§ 2, Ord. 661, eff. June 20, 1980, as amended by § 132, Ord. 1095, eff. November 20, 2010)