A. General Landscaping. A maintenance bond, cash deposit, or other security in a form acceptable to the city attorney covering ten percent of the cost of the performance assurance bond shall be in place prior to the release of a performance bond and shall be required for two years following installation.
B. Whenever planting has been required to comply with the landscape provisions of this chapter, the plant materials shall be permanently maintained in compliance with such regulations, approved plans and approval conditions, in such manner as to accomplish the purpose for which they were required. Failure to maintain required planting which creates substandard landscape shall disqualify such landscape for consideration as a legal nonconforming use.
C. The zoning administrator is authorized to notify the owner of any property upon which landscaping was installed as a condition of approval under this chapter that planting is not being adequately maintained, and the specific nature of such failure to maintain. The notice shall specify a date by which the property owner shall be expected to comply.
D. Upon the failure to perform the required maintenance within the date specified by the notice, the zoning administrator is authorized to collect funds under the maintenance bond or other security, and cause the required maintenance to be completed.
E. When funds have not been set aside or the performance assurance has expired, the zoning administrator is authorized to request the city attorney to institute legal action to recover the cost of the required maintenance, and upon receipt of the funds to cause the maintenance to be done.
F. Maintenance as used in this section includes replacement of dead, diseased or damaged plant materials, removal of weeds and/or invasive species, and repair of irrigation systems.
G. The property owner is required to maintain all on-site landscaping.
H. In subdivisions or site plans where the right-of-way contains landscaping, the adjacent property owner, homeowner’s association, or like mechanism, is required to maintain that landscaping. Such requirement shall be noted on the face of the plat or site plan. If there are such requirements that are maintained by an organization other than the adjacent homeowner, or if there are common areas on a property, a homeowner’s association is required.
I. Required landscape buffers are to be maintained by a homeowner’s association, management company, or like mechanism, as approved by the zoning administrator.
J. Required tree replacement plantings shall be maintained for a minimum of three years in the amount of fifty percent of the performance bond.
K. Ongoing maintenance of required landscaping areas shall be required after a maintenance bond has been released. Nonresidential required landscaping shall be maintained in a healthy live manner by the property owner. Residential landscaping shall be maintained in a healthy live manner by the homeowner or homeowner’s association if applicable. (Ord. 005/2019 § 10 (Exh. B))