Sections 1, 2, 3 and 4
Replace Article 5 NUISANCE with the following:
5.0 PROHIBITION OF OFFENSIVE ACTIVITIES.
Without expanding the permitted use of the Lots, no activity, whether for profit or not, shall be conducted on any Lot which is not related to single family residential purposes. No noxious or offensive activity of any sort shall be permitted nor shall anything be done on any Lot which may be or become an annoyance or a nuisance to the Subdivision. No exterior speaker, horn, whistle, bell or other sound device, except security and fire devices used exclusively for security and fire purposes, shall be located, used or placed on a Lot. Without limitation, the discharge or use of firearms is expressly prohibited. The Association’s Board of Directors, through a majority vote shall have the sole and absolute discretion to determine what constitutes a nuisance or annoyance.
5.1 JUNKED MOTOR VEHICLES PROHIBITED.
No Lot shall be used as a depository for abandoned or junked motor vehicles. An abandoned or junked motor vehicle is one without a current, valid state vehicle registration and license plate. No accessories, parts or objects used with cars, boats, buses, trucks, trailers, house trailers or the like, shall be kept on any Lot other than in a garage or other structure approved by the Architectural Control Committee.
5.2 LOT MAINTENANCE.
All Lots, at Owner’s sole cost and expense, shall be kept at all times in a neat, attractive, healthful and sanitary condition, and the Owner or occupant of all Lots shall keep all weeds and grass thereon (outside of natural vegetation areas) cut. Community park and pool areas shall serve as an example. In no event shall any Lot be used for storage of materials or equipment except for normal residential requirements or incident to construction of improvements thereon as herein permitted, or permit the accumulation of garbage, trash or rubbish of any kind thereon, and shall not burn any garbage, trash or rubbish. All yard equipment or storage piles shall be kept screened by a service yard or other similar facility as herein otherwise provided, so as to conceal them from view of neighboring Lots, streets or other property. Such maintenance includes, but is not limited to the following:
a. Prompt removal of all litter, trash, refuse, and wastes.
b. Lawn mowing (outside of the natural vegetation areas).
c. Tree and shrub pruning (outside of the natural vegetation areas).
d. Keeping exterior lighting and mechanical facilities in working order.
e. Keeping front lawn and garden areas alive and free of weeds.
f. Keeping parking areas, walkways and driveways in good repair.
g. Complying with all government health and policy requirements.
h. Repainting of improvements.
i. Repair of exterior damage to improvements.
5.3 EXTERIOR MAINTENANCE OF BUILDING.
In the event the owner of any building in the Subdivision should allow such building to fall into disrepair and become in need of paint, repair or restoration of any nature and not in keeping with the neighborhood, the Association will give such owner written notice of such conditions.
5.4 MISCELLANEOUS USE RESTRICTIONS.
Without limiting the foregoing, the following restrictions shall apply to all Lots:
i. Vehicles with tonnage in excess of one ton shall not be permitted to park overnight within the Subdivision.
ii. No vehicle of any size which transports inflammatory or explosive cargo may be kept in the Subdivision at any time.
5.5 HAZARDOUS WASTE.
No Hazardous waste shall be brought onto, installed, used, stored, treated, buried, disposed of or transported over the Lots or the Subdivision, and all activities on the Lots shall, at all times, comply with Applicable Law. The term “Hazardous Waste” shall mean any substance which, as of the date hereof, or from time to time hereafter, shall be listed as “hazardous” or “toxic” under the regulations implementing The Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §§9601 et seq., The Resource Conservation and Recovery Act 12 (“RCRA”), 42 U.S.C. §§6901 et seq., or listed as such in any applicable state or local law or which has been or shall be determined at any time by any agency or court to be a hazardous or toxic substance regulated under applicable law. The term “Applicable Law” shall include, but shall not be limited to, CERCLA, RCRA, The Federal Water Pollution Control Act, 33 U.S.C. §§1251 et seq. and any other local, state and/or federal laws or regulations that govern the existence, cleanup and/or remedy of contamination on property, the protection of the environment from spill deposited or otherwise in place contamination, the control of hazardous waste or the use, generation, transport, treatment, removal or recovery of hazardous substances, including building materials.