Unified Land Development Code - Town of Gilbert

LANDSCAPE AND OPEN SPACE CRITERIA
standards, the Planning Technician in charge of landscape plans shall review
the approved landscape plans for the subdivision, inspect the area, and
provide a written report to the Code Enforcement Officer regarding the
original plan requirements and acceptable alternatives, if any.
(1) A complaint will be processed pursuant to §§ 2 and 3 of
these procedures if the Code Enforcement Officer determines
that a violation of the landscaping maintenance regulations
exist.
(2) A violation will not be found to exist if plants have been
removed for public safety reasons such as maintaining traffic
visibility or preventing interference with utility poles and/or
lines, and if such removal has been authorized by the Town or
serving utility.
(3) A violation will not be found to exist if the maturity of
the landscape meets the intent of the original approved
plans.
b. Upon a determination that a violation exists, a notice shall be sent to the
homeowner's association (HOA) president and board, with a copy to the HOA
management company, if one is known to the Town, outlining the violation and
providing the HOA with forty-five (45) days to bring the landscaping into
compliance.
(1) Notice will be deemed given when done so in writing and
mailed to the HOA address on file with the Arizona
Corporation Commission.
(2) Within the forty-five (45) day period referenced above, the
HOA may file an informal proposed addendum to the
landscape plans if the HOA believes there are valid reasons
for not maintaining the landscaping in accordance with the
original approved plans. The addendum shall be reviewed and
approved or denied by the Design Review Board. The time for
compliance will be suspended after such a proposed
addendum is filed until it is approved or denied by the Design
Review Board.
(3) The Code Enforcement Officer may extend the forty-five
(45) day time limit one time for an additional forty-five (45)
days if the HOA is making reasonable efforts to bring the area
into compliance with the landscape maintenance regulations.
(4) If the HOA fails to remedy the violations within the time
Ch. II, Pg. 156.1