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A. The city council finds that stormwater control facilities within subdivisions of the city must be adequately maintained and in some circumstances improved in order to protect property and persons within the subdivisions and also to protect property and persons outside of the subdivision from the effect of storm, flood or surplus storm and surface waters. The city currently requires the construction of adequate stormwater control facilities in accordance with the current City of Lacey Stormwater Design Manual. Private property owners or homeowners’ associations within subdivisions are required to perform ongoing maintenance of private stormwater control facilities or hire a contractor to perform required maintenance.

B. The city council also finds that open space, park and recreation facilities within subdivisions of the city must be adequately maintained and operated in a manner which will be a benefit of residents within their subdivisions as well as all residents of the city to promote public health and safety. The city currently requires open space, park and recreation facilities to be set aside and constructed as part of subdivision approval by the city and such requirements are necessary in order to provide for the recreational development and leisure time activities of members of the community and to provide for the preservation of natural resources and aesthetic attributes of subdivisions, but existing means of maintenance of said facilities by private homeowners and homeowners’ associations may not be sufficient to accomplish this purpose.

C. There is a need to have a process and mechanism for providing maintenance for community facilities in case of a home owners association’s inability or failure to properly maintain common facilities.

D. During the platting process and when setting up home owner associations every effort shall be made to provide home owner associations with the necessary authority, financial capability, and resources to promote each associations independence and success in proper maintenance of community facilities.

E. Provisions of the community facilities district should only be utilized when a home owners association has failed its maintenance responsibilities and there is an inability on the part of the association to accomplish proper maintenance of community improvements.

F. Activation of a community facilities district shall be at the discretion of the city, and if activated the city shall collect fees necessary to pay for all costs of the district’s maintenance responsibilities. (Ord. 1496 §32, 2016; Ord. 1235 §1, 13, 2005).