A declaration of covenants, conditions and restrictions shall be prepared by the developer and submitted to the director of community development and the city attorney. The covenants, conditions and restrictions shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the city a party thereto, and shall be enforceable by the city. The covenants, conditions and restrictions shall be subject to the following conditions:
A. The covenants, conditions and restrictions shall be prepared at the developer's sole cost and expense, pursuant to city council Resolution No. 83-76.
B. The covenants, conditions and restrictions shall be in the form and content approved by the director of community development and the city attorney, and shall include such provisions as are required by this approval and as the officials deem necessary to protect the interests of the city and its residents.
C. The covenants, conditions and restrictions shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas and facilities.
D. The covenants, conditions and restrictions shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance.
E. The covenants, conditions and restrictions shall provide that if the property is not maintained in the condition required by the covenants, conditions and restrictions, then the city, after making due demand and giving reasonable notice, may enter the property and perform at the owner's sole expense, any maintenance required thereon by the covenants, conditions and restrictions or the city's ordinances. The property shall be subject to a lien in favor of the city to secure any such expense not promptly reimbursed.
F. The covenants, conditions and restrictions shall provide for reciprocal parking and access throughout the parking/circulation area.
G. The covenants, conditions and restrictions shall provide for the prohibition of drive-through style eating establishments.
H. The covenants, conditions and restrictions shall provide for the maintenance of all landscape areas within the area of development and grading areas within the area of the development and grading in a weed and disease free manner at all times.
(Ord. 1038 § 1 (Exh. A), 1996; Ord. 1181 § 3, 2008)