36-8 Ownership, maintenance, and property associations

(1) Landscaping and irrigation subject to this Chapter shall be maintained in a safe, healthy, waterefficient, and non-nuisance condition. (2) Dead plant material shall be replaced as necessary to maintain the approved landscape design, except that replacement plant material may be substituted with other water-wise plant material that provides equal or greater water efficiency and is consistent with the approved landscape plan. (3) Irrigation systems shall be maintained to prevent leaks, broken heads, excessive pressure, overspray, runoff, and irrigation of non-landscaped surfaces. (4) A property owners’ association, homeowners’ association, or other responsible association shall own, operate, and maintain common landscaped areas, entry features, private park strips, open space, and privately owned irrigation systems unless those improvements are accepted for ownership and maintenance by the County or another public entity. (5) If an association responsible for common landscaped areas is dissolved or fails to maintain required improvements, maintenance responsibility shall transfer as provided in the recorded covenants, plat, development agreement, or other governing document. If no governing document controls, the benefited property owners shall be jointly responsible to the extent allowed by law. (6) A property owners’ association, homeowners’ association, architectural review committee, or similar entity shall not enforce private landscaping requirements in a manner that prohibits, or has the effect of prohibiting, water-wise landscaping protected by Utah law, including Utah Code Sections 17-79-615 and 73-10-37, as amended or renumbered. (7) Private covenants may require reasonable review procedures, design standards, maintenance of healthy plant material, and protection of drainage, access, and safety, provided the requirements do not conflict with this Chapter or applicable state law. (Ord. 2026-07, 6/30/26)