9.1. SR 08-17-2015
Request for Action
To Item Number
Mayor and City Council 9.1
Agenda Section Meeting Date Prepared by
Work SessionAugust 17, 2015Zack Carlton, Planning Manager
Item Description Reviewed by
Policy Discussion: Maintenance of Common Areas Cal Portner, City Administrator
in Developments
Reviewed by
Action Requested
Receive information and provide direction.
Background/Discussion
City staff is seeking direction regarding the long-term maintenance of development common areas. In the
past few years, staff has encountered a number of subdivisions where the original Home Owners
Association (HOA) or developers are no longer maintaining the site.
Residents in these developments have asked the city to maintain the community assets installed by the
developer. This places the city in a difficult position as we did not agree to maintain these sites when the
developments were approved, nor do we budget the time and money associated with an increased
property maintenance load.
Staff has come across a number of ways the common areas have been platted or dedicated over time.
Some of the common areas are in an easement within a single-family lot where ownership reverts to the
property owner when an HOA dissolves. Common areas are also platted as separate lots where the
developer maintains ownership. The maintenance of the lot is the developer’s responsibility, but
ownership transfers and bankrupt developers make it difficult to locate a responsible party. Third,
common areas have also been included in city owned right-of-ways, in a median for example, where long
term maintenance agreements were never created.
The variety of situations makes a single solution difficult. Staff will present possible solutions for Council
discussion and direction.
Financial Impact
N/A
Attachments
None
Common Lots
Background
Increase in complaints regarding common lots/features.
Landscape maintenance
Utility costs
Common features in three different forms
In easement on buildable lot (development sign)
In city right-of-way (landscaping)
On private lot w/out maintenance agreement
Located within easement
Easement no longer valid when HOA
dissolves
Maintenance Responsibility of property
owner
Located within city ROW
CUP Identifies developer as responsible
property (US Home Corporation)
Located on private property
Benefit to development
Maintenance not spelled out
Landscape improvements only
Located on private property
Benefit to development
Long-term maintenance not identified
Long-term maintenance options
Leave as is until they become a public nuisance and
assess removal to the property owner
Maintain the sites and assess the cost to property owner
Maintain the sites and assess cost to the entire
development
Maintain and do not assess
Future policy
Establish language for DA and PUD agreements to
clarify long-term maintenance obligations
Adopt ordinance identifying when and how the city may
assume maintenance