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6143
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Last modified
12/6/2004 2:47:32 PM
Creation date
11/5/2014 12:21:47 PM
Metadata
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City Ordinances
Passed
12/15/1997
Ordinance Number
6143
Bill Number
8361
Introdate
11/24/1997
Description
Amdg Chapter 29, Subdivision and Land Development Regulations
Introduced By
Ware
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Maintenance of Common Areas <br /> and Facilities <br /> <br />order under this subsection, with copies to all issuers <br />of letters of credit who have outstanding obligations for <br />any undeveloped portion of the subdivision, and shall <br />record an affidavit of such notice with the recorder of <br />deeds. If, within the ten (10) day period after notice is <br />given, the Director has not determined by compelling <br />evidence that completion of the improvements is <br />adequately assured, the Director shall order construc- <br />tion suspended on the undeveloped portion of the <br />subdivision. The order shall be served upon the <br />developer, with a copy to the issuer of the letter of <br />credit, a copy recorded with the recorder of deeds, a <br />copy to the Zoning Administrator, and a copy to the <br />Building Commissioner. Public notice of said order <br />shall be conspicuously and prominenfiy posted by the <br />Director at the subdivisions or lots subject to said <br />order. The notice shall contain the following mini- <br />mum language, which may be supplemented at the <br />discretion of the Director: <br /> <br />a. If said notice is for a subdivision: <br /> <br />THIS SUBDIVISION, (name of subdivision), <br />HAS BEEN DECLARED IN DEFAULT BY THE <br />CITY OF UNIVERSITY CiTY DIRECTOR OF <br />PUBLIC WORKS. NO DEVELOPMENT, CON- <br />STRUCTION, BUILDING, OR DEMOLITION <br />IN ANY MANNER SHALL TAKE PLACE <br />wrrHIN THE LIMITS OF THIS SUBDIVISION <br />UNTIL SUCH TIME AS THE CITY OF UNI- <br />VERSITY CITY DIRECTOR OF PUBLIC <br />WORKS REMOVES THIS PROHIBITION. <br />ANY DEVELOPMENT, CONSTRUCTION, <br />BUILDING, OR DEMOLITION IN ANY MAN- <br />NER WHILE THIS PROHIBITION IS IN EF- <br />FECT IS ILLEGAL AND SHALL BE <br />ENFORCED PURSUANT TO THE UNIVER- <br />SITY CITY MUNICIPAL CODE. <br /> <br />b. If said notice is for a lot: <br /> <br />THIS LOT, (lot number), HAS BEEN <br />DECLARED IN DEFAULT BY THE CITY OF <br />UNIVERSITY CITY ZONING DIRECTOR OF <br />PUBLIC WORKS. NO DEVELOPMENT, CON- <br />STRUCTION, BUILDING, OR DEMOLITION <br />IN ANY MANNER SHALL TAKE PLACE <br /> <br />WITHIN THE LIMITS OF THIS LOT UNTIL <br />SUCH TIME AS THE CITY OF UNIVERSITY <br />CITY DIRECTOR OF PUBLIC WORKS RE- <br />MOVES THIS PROHIBITION. ANY DEVEL- <br />OPMENT, CONSTRUCTION, BUILDING, OR <br />DEMOLrrlON IN ANY MANNER WHII.E TI-~S <br />PROHIBITION IS IN EFFECT IS ILLEGAL <br />AND SHALL BE ENFORCED PURSUANT TO <br />THE UNIVERSITY CITY MUNICIPAL CODE. <br /> <br />The suspension shall be rescinded in whole or in <br />part only when the Director of Public Works has <br />determined that completion of the improvements <br />is adequately assured in all or an appropriate part <br />of the subdivision. <br /> <br />SECTION 29-35 MAINTENANCE OF COMMON <br />AREAS AND FACILITIES <br /> <br />29-35.1 Trust Indenture <br /> <br />In any case where the establishment of common land <br />(including pedestrian walkways and cul-de-sac is- <br />lands), street lighting, drainage facilities (such as <br />detention basins, drainage pipe, and ditches) or any <br />other improvement requiring continuing maintenance, <br />a trust indenture providing for such maintenance shall <br />be recorded simultaneously with the final plat. <br /> <br />2. The trust indenture shall provide that the common <br /> land be used for the benefit, use, and enjoyment of the <br /> lot owners, present and fixture; for the proper mainte- <br /> nance and supervision by the trustees who are selected <br /> to act in accordance with the terms of such indenture <br /> and the applicable sections of this Chapter; and that no <br /> owner shall have the right to convey such owner's <br /> interest in the common land except as an incident of <br /> ownership of a platted lot. <br /> <br />3. Common land ~hail be conveyed by the owner in fee <br /> simple absolute title by warranty. deed to the subdivi- <br /> sion association or trustees. <br /> <br />'4. <br /> <br />Any trust indenture required to be recorded, or re- <br />corded for the purpose of compliance with the provi- <br />sions of this Chapter shall provide for not less than the <br /> <br />chapt29.fm 4-1 0 As approved by the Plan Commission on October 22, 1997 <br /> <br /> <br />
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