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A. Where a subdivision has been approved by the advisory agency under the provisions of this chapter, full and adequate provisions acceptable to the city shall be made for the preservation and maintenance of all commonly owned land, improvements and facilities, which are not dedicated to public use, within twenty-five feet of the exterior boundaries of the project.

B. Such provision may be satisfied by a declaration of covenants, conditions and restrictions duly signed and acknowledged by the owner; articles of incorporation forming a homeowner’s association or some other legal entity, 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 to be set forth in the declaration; and bylaws setting forth rules of membership, fees and assessments; and forms of deeds incorporating the declaration by reference to its recording data.

C. Prior to recordation of a final map, all documents submitted to comply with subsection A of this section must be referred to the city attorney and planning director for review and determination as to their sufficiency to accomplish their purpose. To the extent that these documents are required to be recorded by the planning director, they must be recorded prior to or concurrently with recordation of a final map.

D. The owners of the individual lots shall, as a condition of ownership of said lots, be required to participate in the legal entity so formed and be responsible to said legally formed entity for the cost of performing the necessary maintenance.

E. Any failure to so maintain shall be, and the same is declared to be, unlawful and a public nuisance endangering the health, safety, and general welfare of the public. (Ord. 4844 § 1, 2016; Ord. 3515 § 1, 1993)