4.11.1 MAINTENANCE REQUIREMENTS | Aurora Unified Development Ordinance

4.11.1. MAINTENANCE REQUIREMENTS.

1. All property in Aurora shall be maintained in a clean and safe condition and shall not create a public or private nuisance as determined by the Planning Director.

2. When the standards and procedures of this UDO or the conditions attached to any permit, approval, or variance require that any building or site feature be constructed or installed, the property owner is responsible for maintaining those building or site features in good repair, and for replacing them if they are damaged or destroyed or, in the case of living materials, if they become diseased or die after installation.

3. Where a development application includes streets, alleys, rights-of-way, access drives, sidewalks, utilities, or other forms of improvements that do not meet City standards for size, design, or construction, including but not limited to those standards in the Aurora Roadway Design and Construction Specification Manual, Aurora Parks and Open Space Dedication and Development Criteria Manual, Aurora Landscape Reference Manual, and FHAW/AASHTO roadside barrier requirements, the applicant or property may be required to sign a Development Agreement with the City, in a form acceptable to the City, agreeing that the property owner(s) or an entity under the control of the property owner(s) with adequate financial resources, as determined by the City, shall maintain any or all such improvements, utilities, or infrastructure that not dedicated to and accepted by the City for maintenance by the City.

a. Trees, shrubs, fences, walls and other landscaping materials required by this UDO or shown on approved Site Plans are required elements of the approved project, unless the Site Plan clearly indicates that they are to be removed or altered. The property owner is responsible for the continued existence and maintenance of those items.

b. Infected, damaged, or diseased plant material shall be treated to remove the infection, damage, or disease, if such a treatment exists, and shall be removed and replaced if no such treatment exists.

c. Trees required to be installed by this UDO that are lost to damage or disease within two years after installation shall be replaced by the property owner within six months at a ratio of one inch of Diameter at Breast Height (DBH) for each inch of DBH removed.

d. Shrubbery or other plantings that die within 18 months of installation shall be replaced in kind within six months.

e. In the Black Forest Area, appropriate measures shall be taken to protect trees from construction activities. If any of the trees required to be retained or replanted as part of the tree protection plan dies within a period of three years after completion of construction, the property owner shall replace the trees within six months of the issuance to the owner of a notice to replace.

f. Branches of maturing street trees encroaching above a walkway, sidewalk, alley, and public right-of-way shall be pruned to a height of not less than eight feet. Pruning shall conform to forestry division standards.

2. Maintenance and Management of Landscaping. All landscaping shall be maintained in a neat, clean, and healthy condition. Maintenance shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of dead plants, and irrigation of all live landscaping. All replacement plants shall conform to the City's then-current landscaping standards unless a previously approved Site Plan is on file at the Planning Department, then replacement plants shall be installed according to the approved plan.

a. Replacement of Dead Landscaping. If any of the landscaping required to be retained or replanted as part of an approved landscaping or tree protection plan dies, the property owner shall replace the trees within six months of the issuance to the owner of a notice to replace.

b. Re-Vegetation. All areas disturbed during construction shall be re-vegetated. Permanent re-vegetation shall comply with requirements outlined below.

c. Re-establishment of Non-Irrigated Native, Dryland, and Restorative Grasses. All new development and changes to existing development proposing the seeding or re-seeding of non-irrigated areas with native grasses, dryland grasses, restorative grasses and/or forbs where they are intended to remain as the permanent condition on lands that will not be conveyed to the City shall submit a re-vegetation plan and comply with all requirements as provide for in Aurora Water Department’s Rules and Regulations Regarding Storm water (Discharge) for Construction Activities.

d. Trees Overhanging Streets. Street trees shall be maintained no less than 13 and one-half feet above street level.

e. Landscape Improvements in the Public Right-Of-Way. The maintenance of all landscape improvements in the right-of-way is the responsibility of the adjacent lot owner unless specified elsewhere on the landscape plan.

C. Building Exterior. All primary and accessory building exteriors shall be maintained to comply with the following standards, and any necessary repairs, repainting, removals, or other actions needed to bring the property into compliance with these standards.

1. Exterior Walls. Every exterior wall shall be kept weatherproof, watertight, and kept free of deterioration, holes, breaks, loose or rotting boards, or timbers, except when under approved repairs or reconstruction.

2. Painting or Staining. When the finished surface of a building exhibits deterioration of its finished surface on any wall, that wall shall be painted or stained.

3. Architectural Projections. All shutters, cornices, moldings, lintels, sills, windows, and similar projections shall be kept in good repair and free from cracks and defects that make them hazardous or unsightly. Awnings designed to be covered with fabric or opaque materials shall be covered with those materials, so that bare frames are not visible.

4. Roof Surfaces. Roof surfaces shall have no defects that admit water. All roof drainage systems shall be secured and hung properly, and shall be maintained to avoid the blockage of rainwater.

5. Boarded Windows and Doors. Building windows and doors that have been boarded and secured shall be painted or stained to be compatible in color with the adjacent or surrounding walls.

1. Maintenance Responsibility along Arterials and Collectors. Except where a fence or wall is provided by the City or other governmental entity, including Metro Districts, the maintenance of all new fences and walls occurring in subdivisions of five or more residential lots along collector and arterial streets, as well as the landscaped setback area between the sidewalk and fence or wall, shall be the responsibility of a homeowners’ association composed of the owners of the residential subdivision lots. Where no homeowners’ association exists, maintenance shall be the responsibility of the property owner on whose property the fence is placed.

2. General Requirement to Maintain Fences. All fences and adjacent landscaping shall be maintained by their owners in good structural condition and in good repair at all times. This shall include general maintenance, painting and staining, and the replacement of any broken, warped, or missing portions of the fences with materials of equal or better quality and that are consistent in design, appearance and structural integrity. All fences shall be vertically aligned and structurally sound. Areas adjacent to fences and hedges shall be maintained in a clean and sanitary condition, free and clear of all rubbish and weeds. Angled or nonvertical fence post supports are not permitted.

a. Maintenance and repairs to fences that require a permit under Section 146-5.4.3.H (Fence Permit) may be carried out without meeting all the location, design, and material requirements of this UDO and without an additional fence permit if the work performed meets the definition of Fence Maintenance (and/or Fence Repair) in Article 146-6 and all other applicable standards in this UDO.

b. Maintenance and repairs to those fences that require a fence permit under Section 146-5.4.3.H (Fence Permit) that does not meet the conditions of Section 146-4.11.1.D.3.a above shall require a fence permit and, at the discretion of the Planning Director, may be required to meet all or some of the standards listed in Section 146-4.7.9 (Fence and Wall Regulations).

E. Signs. The following standards apply to all signs, including those that do not require a sign permit and those that do not conform to the requirements of this UDO.

1. Every sign shall be maintained in good structural condition at all times. Fabric signs shall be maintained in a taut and unsoiled condition.

2. Any sign that becomes damaged, dilapidated, or dangerous shall be repaired or removed. If the paint on any sign has checked, peeled, or flaked to the extent that the sign cannot be read in whole or in part, the sign shall be repainted or removed.

3. Any sign that contains messages that have become obsolete because of the termination of the use or business or product advertised, or for some other reason, shall have such message removed within 60 calendar days after becoming obsolete. Upon failure to comply with such notice within the time specified in such order, the Planning Director is authorized to cause removal of such sign. Any expense related to the removal shall be paid by the owner of the premises upon which such sign is located. Designated historic signs are exempt from these requirements except as necessary to remove hazards to public safety.

F. Landmarks and Structures in Historic Districts. All features of historic landmarks, historic districts, or Cultural Heritage Sites shall be maintained to prevent deterioration of all features, including features protected from alteration pursuant to the City Council's exception from provisions of this UDO.

G. Abandoned Construction. Any building or portion of a building that has been abandoned or upon which construction has ceased shall have a chain link security fence, no less than six feet high erected around the building, and at least one “no trespassing” sign attached to that fence, within 90 calendar days after receiving notice to do so from the City. Enforcement of this Section may be against either the owner, the holder of any mortgage, the beneficiary under a deed of trust, or any person in possession of the property.

H. Storm water Management System Maintenance. Every yard, court, vent passageway, parking lot, driveway, and other portion of the lot on which the building stands shall be maintained to be consistent with original grading and drainage standards and to prevent accumulation of water on any such surface or adjacent property.

I. Parking Lots. All parking lots shall be kept free of litter and debris. Parking lots that use changes in paving materials or raised crosswalks or sidewalks for pedestrians shall keep such areas free from ice and snow so they are visible for users. (Ord. No. 2020-37 § 26, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)