Nuisances & Remediation
What are Nuisances?
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Article IV, Section 8 of the Subdivision Bylaws states in part:
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"All lot owners shall keep their property, including easements, free from unsightly accumulations, weeds, debris, and other waste matter. Any failure to comply with this provision shall constitute a nuisance. No noxious or offensive activity shall be carried out on any lot, nor shall anything be done which will become an annoyance or nuisance to other residents. No lot owner shall permit or suffer anything to be done or kept on his lot which will obstruct or interfere with the rights of other residents or disturb them by unreasonable noises, smells or other offensive activity."
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Addressing Nuisances and Levying Fines
When a violation is brought to the attention of the Board, the Board will review the complaint and determine if corrective action should be taken.
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If corrective action is to be taken:
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As a courtesy, the Board will attempt to make contact with the Homeowner/Resident to present the concern and determine a schedule for resolving it. The details of that interaction will be documented.
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If contact cannot be made or if the concern is not addressed according to the schedule agreed to above, the Board will mail a written warning that notifies and documents the violation. The Homeowner/Resident will have 10 days to resolve the issue.
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The Homeowner/Resident has a right to request a hearing with the Board to discuss the violation and a schedule for resolution.
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If the violation is not resolved within 10 days of the mailing or according to a mutually agreed upon schedule, a fine of $75 is assessed to the Homeowner.
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Starting from the date of the initial fine, an additional $25 will be assessed every 7 days until the concern is resolved to the satisfaction of the Board. The fines will stop accumulating at $200.
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If the concern is not addressed to the satisfaction of the Board, the Board will hire a company to remediate the issue. The cost of the company's services are the responsibility of the Homeowner and will be added to the fine.
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If fines and/or remediation costs remain unpaid for 30 days, a lien will be placed on the property.
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The Board's Authority to Remediate​
Active IX, Section 2, Item 10 of the Subdivision Bylaws states in part that the duties of the board is:
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"To remove rubbish, debris, grass and weeds from and to trim, cut back, remove and replace and maintain trees, shrubbery and flowers upon any neglected lot or property and charge the owners thereof with the reasonable expenses so incurred. The Directors, their agents or employees, shall not be deemed guilty or liable for trespass or for any damage resulting from such removal or planting.
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