Maintenance and Unsightly Materials

21. Maintenance and Unsightly Materials. Each lot shall be kept and maintained completely free of any junk, trash, and garbage (including inoperable or unlicensed vehicles and discarded appliances).  No lot shall be used to store building materials except during the time that a structure is actually being constructed thereon. All lumber, bricks, blocks, and other construction materials shall be removed from the lot immediately after construction is completed. Garbage removal is the responsibility of the owner of the lot and must be by means appropriate to the residential character of the Development.

Recreational vehicles, including but not limited to motorhomes, boats, trailers, all-terrain vehicles, snowmobiles, and motorcycles, shall not be stored on the lot except within enclosed storage. Overnight storage of recreational vehicles outside of enclosed storage is permitted for no more than one consecutive night when reasonably necessary (e.g., when arriving on the lot after dark and moving the vehicle into enclosed storage will be more safely attempted during daylight hours the following morning).

The occupants of each lot are responsible for proper care, storage, and removal of their refuse. Trash, garbage, and other waste must be properly disposed of in sanitary containers where they are not visible from the road or from any other parcel. No burning of refuse or rubbish shall be permitted on any lot.

Each lot and the improvements constructed thereon shall be maintained in good, safe, attractive, and presentable condition, including but not limited to proper cleaning and maintenance of all exterior surfaces of all buildings and fences and regular mowing of grass.

Appropriate trees, shrubs, and gardens may be planted anywhere on the lot, except that no trees may be planted which interfere with utility easements, utility access for other lots within the Development, or the peaceful enjoyment of any lot within the Development. All lot areas not used for buildings, garden, trees, shrubs or flowers must be seeded to grass or another appropriate cover crop approved by the Developer within one year of the commencement of construction of any structure on the lot. All dead trees, shrubs, and other plants must be removed from the lot and disposed of promptly after death. Gardens must be tilled in the autumn or spring of each year. The total area of each lot used for gardens, whether flower gardens, vegetable gardens, or otherwise but not including fruit-bearing trees and shrubs, must not exceed one acre. No more than twenty percent of any lot may be planted with trees or shrubs.

If an owner or occupant of a lot fails to mow the lot on a regular basis and maintain the lot in an attractive or presentable condition, the Developer is allowed to keep the lot mowed and in an attractive or presentable condition at the lot owner’s expense. Written notice that the Developer will mow the lot shall be given at least seven days in advance of mowing. The owner of the lot is responsible for the actual costs incurred by the Developer in mowing the lot pursuant this provision. Due to the size of the lot, the frequency of mowing and condition in which the lot is maintained may vary depending on the use of each portion of the lot (e.g., a lawn must be mowed more often than a horse paddock), and this mowing requirement shall be interpreted so as to give reasonable respect to the lot owner’s use of the lot.

The owner or occupant of each lot must eradicate from the lot all weeds identified in the North Dakota and McKenzie County lists of noxious weeds. If the owner or occupant fails to eradicate noxious weeds, the Developer is allowed to eradicate them from the lot at the owner’s expense. Written notice that the Developer will eradicate noxious weeds from the lot shall be given at least seven days in advance of such eradication and shall identify the general area of the lot from which noxious weeds are to be eradicated and the species of noxious weeds that will be eradicated therefrom.

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