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CC&R ARTICLE 9: MAINTENANCE OF LOTS AND COMPLIANCE WITH THIS DECLARATION
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Section 1- Exterior Maintenance by Owner
Each Lot and Residence shall be maintained by the Owner in a neat, clean and slightly condition at all times and shall be kept free of accumulations of litter, junk, containers, equipment, toys, household goods, tools, building materials, and other debris. All landscaping areas shall be regularly maintained and trimmed to present a clean, neat, and well-maintained appearance. All refuse shall be kept in sanitary containers sealed from the view of any Lot, the containers shall regularly be emptied and the contents disposed of off the Properties No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost device shall not be prohibited.
No storage of automobiles in disrepair, (automobiles that cannot be driven, or are parked for the purpose of repair or storage), snowmobiles, motorcycles, boats, trailers, campers, recreational vehicles, or other similar over-sized or recreational vehicles, shall be permitted in open view from the ground level of any Lot or right-of-way. (Automobiles in disrepair, boats, trailers, over-sized trucks, campers, and recreational vehicles shall be referred to as "Vehicles") This provision shall exclude temporary parking (less than forty-eight (48) hours) of Vehicles on the designated driveway areas adjacent to garages on the Lots.
This section is not meant to disallow permanent (more than forty-eight (48) hours) parting or storage of Vehicles on the Lots, but if so parked or stored, such Vehicles shall be reasonably screened from view from the adjacent roadway and Lots Screening of such Vehicles must have the approval of the Committee.
"Screening" of boat, trailers, recreational vehicles, or similar vehicles in good condition shall not be construed as a requirement for complete enclosure of such vehicles, but rather that such vehicles, if parked in the rear or side yard areas, shall be reasonably screened from ground level by natural or supplemental vegetation, or a six (6)-foot, solid, cedar fence-type enclosure or permanent structure. The Committee-shall have the sole authority to decide what constitutes reasonable screening.
It is not the intent of this section to require screening of all such vehicles so that they are completely hidden from view by neighboring lot owners However, vehicles in disrepair, as defined in this section, shall be screened so that they air completely hidden, except for reasonable temporary repair requirements, as approved by the Committee. A vehicle shall be deemed to be in a state of disrepair when its presence and/or appearance offends the reasonable sensibilities of the occupants of the neighborhood and/or has had engines, doors, trunk lids, hoods, fenders, tires, wheels, windows, grills or any of them removed, or is otherwise inoperable No repair or dismantling of any vehicle or equipment shall be permitted on any Lot except within a garage.
Upon forty-eight (48) hours notice to the Owner of an improperly parked Vehicle, the Board has the authority to have towed, at the Owner's expense, any Vehicles still visible from the right-of-way or adjacent Residences that have been parked on any Lot or within the right-of-way for more than forty-eight (48) hours.
Notwithstanding the foregoing, Owners who have visiting guests intending to stay in a camper or recreational vehicle may secure written permission from the Board for such guests to park the Vehicle upon the. Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after written permission has been obtained from the Board.
Section 2 - Easements for Enforcement Purposes
All Owners hereby grant to the Association and their representative, an express easement for the purposes of going upon the Lots of owners to remove Vehicles or other similar objects which are parked or stored in violation of the terms of this Declaration, or to perform any other maintenance or repair deemed necessary by the Board pursuant to this Article 9, or any other section in the Declaration.
Section 3 - Lot Maintenance by the Association
In the event that an Owner shall fail to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the Association established through this Declaration, including maintenance of landscaping required in the adjacent right-of-way as set forth in Article 12, Section 12, the Board shall, upon receipt of written complaint of any Owner and the subsequent investigation which verifies that complaint, have the right through and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Board within forty-Eve (45) days after mailing of adequate notice by certified mail to the last known address of the Owner The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Board shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be, enforced in the manner provided by law for enforcement of labor liens and materialman’s liens. In the event that the estimated cost of such repair should exceed one-half of one 0 50 percent (0.50%) of the County Tax Assessor assessed value of the Lot and improvements on the Lot, the. Board shall be required to have the assent of two-thirds (2/3) of the Members before undertaking such repairs.
Declarant, the Association, or the duly appointed agent of either may enter upon any Lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration, provided, this provision shall not be construed as permission to breach the peace.
Should a Lot Owner object to the complaints of the Declarant, the Association or ACC in writing within a period of fifteen (15) days after the complaint is made and, further, should the parties not agree on property maintenance or other matters complained of, the matter shall be submitted to arbitration. The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each party shall choose one arbitrator and they, in turn, shall choose a third The arbitration shall be conducted in accordance with the rules of arbitration under the laws of the State of Washington in existence at the time of any such arbitration.
Section 4 - Enforcement During the Development Period
During the Development Period, the Declarant may elect to exercise and perform the functions of the Board. If the Declarant elects not to perform this function, the Declarant may appoint the Temporary Board to function as provided herein.
Section 5 - Enforcement for Noncompliance With This Declaration
In the event that an Owner shall fail to comply with any section or provision of the Declaration, and any Amendments thereto, the Board may undertake to enforce compliance through the provisions of Section 3 herein, as well as Article 16, Section 4 of the Declaration, or any other authority granted to the Board through this Declaration If such noncompliance occurs prior to occupancy of any structure on said Owner's lot, the Board shall also have the right to place a "stop work" order on said construction, which may also be enforced by the local building officials at the request of the Board Any Owner subject to such noncompliance does hereby agree not to oppose such stop work order, with the understanding that construction may not commence until compliance with the provisions of this Declaration is assured.
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