§ 19-10. Required landscape maintenance.

(a)

With respect to every lot, parcel, or tract of land within the city containing a use for which the provisions of this chapter apply, every owner, lessee, or any other person having the lawful right to possession and control of such premise shall:

(1)

Maintain all landscape materials and landscaped areas in accordance with the approved landscape plan, including the frontage street right-of-way landscaping required in section 19-63. Such landscaped areas shall be kept free of trash, debris, weeds, and dead plant material, and shall in all respects be maintained in a neat and clean fashion.

(2)

Replace all dead or removed plants with plants of the same variety, and in the size and quality as those removed.

(b)

The city shall accept responsibility for the maintenance and operation of all landscaping and appurtenances installed in accordance with the provisions of section 19-81 for reverse street frontage landscaping or any landscaping and appurtenances installed within other street rights-of-way, which rights-of-way are described by one of the following categories:

(1)

Arterial and/or secondary street rights-of-way adjacent to single-family residential areas that back onto the arterial and/or secondary street, and have a screening wall constructed on the rear property line.

(2)

Arterial street rights-of-way adjacent to single-family residential areas that side onto the arterial street, and which have a screening wall constructed on the side property line.

(3)

Bridle trails, bicycle paths and multi-use recreational facilities within city limits.

(4)

Median islands on arterial and secondary public streets within the city.

(5)

All alleys within city limits.

(6)

Street rights-of-way abutting municipal public facilities.

(7)

Street landscaping within districts specially approved or created by city council.

(8)

Flood control facilities which have been accepted for operation and maintenance by the city.

(c)

Prior to the city accepting for maintenance any reverse street frontage landscaping or other street right-of-way landscaping described in the foregoing subparagraph (b), the following conditions shall have been satisfied:

(1)

The landscaping shall be inspected and approved by the city for compliance with the approved landscape plan.

(2)

The subsequent completion of a sixty-day maintenance period wherein the developer shall be responsible for all watering, weeding, and replacement of all dead or dying plant materials.

(3)

A final inspection called by the developer or his representative at the completion of the sixty-day maintenance period resulting in final approval and acceptance by the city.

(Code 1963, § 30-12; Ord. No. 1295, § 1, 7-31-84; Ord. No. 1507, § 2, 8-25-87)