13-8-11. Ownership and management of open space.

(1) A homeowner's association representing residents of the conservation subdivision may own the open space. If owned by a homeowner's association, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. The homeowner's association shall have lien authority to ensure the collection of dues from all members.

(2) The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner.

(3) The applicant shall submit a plan for management of open space and common facilities that:

(a) allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements;

(b) estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided;

(c) provides that any changes to the plan be approved by the Tooele County Board of Commissioners; and

(d) provides for enforcement of the plan.

(4) In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, Tooele County may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the homeowner's association or to the individual property owners and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties in the case of a homeowner's association or the open space property. (Ord.2005-21, 09/6/05)