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(1) Individuals and entities who currently maintain a private park as defined in this Chapter shall within six (6) months of enactment of this Section:

(a) Implement a maintenance plan that will assure that the park’s facilities, improvements, and grounds are and will continue to be maintained in a safe manner and in compliance with all applicable health and safety codes and regulations; or

(b) Restrict public access to the park; or

(c) Change the nature of the land use such that the property is not being used as a park, playground, or recreation area.

(2) Individuals and entities who wish to develop a private park after enactment of this Section shall prior to any development:

(a) Provide that the installation of facilities, improvements, and grounds will result in a park that is safe and shall further provide for the perpetual maintenance of the grounds and public facilities such that the park shall remain healthy and safe until the property is no longer used as a private park; and

(b) Provide evidence of a viable home-owners association organization taking responsibility for the perpetual maintenance of the proposed park or record a covenant running with the land that provides for the upkeep and ultimate disposition of the park property in the event the park is not properly maintained, proper public facilities are not provided, failure to comply with applicable health or safety laws, or the property ceases to be used as a private park; and

(c) Comply with the requirements of Section 6.19.040, Provo City Code.

(Enacted 1994-11)