Chapter 16.32
SWIMMING POOLS
Sections:
16.32.020 Fencing requirements.
16.32.030 Plans for construction to show compliance.
16.32.040 Maintenance and mosquito abatement.
16.32.010 Purpose.
The council hereby finds and determines that the maintenance of swimming pools without appropriate precautionary measures constitutes a hazard to the safety of small children in the city. (Prior code § 4305).
16.32.020 Fencing requirements.
Every person in possession of land within the city upon which is situated a swimming pool, either as owner, purchaser under contract, lessee, tenant, or licensee, shall at all times maintain on the lot or premises upon which the pool is located, a fence or solid structure, completely surrounding such pool, lot or premises, not less than five feet in height with no opening therein (other than doors or gates) larger than six inches square. All gates or doors opening through such enclosures shall be equipped with a self-closing and/or self-latching device designed to keep, and capable of keeping, the door or gate securely closed at all times when not in actual use; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure required need not be so equipped. (Prior code § 4306).
16.32.030 Plans for construction to show compliance.
All plans submitted to the city for swimming pools to be constructed shall show compliance with the requirements of BGMC 16.32.020. Final inspection and approval of all pools constructed shall be withheld until all requirements of BGMC 16.32.020 have been complied with. (Prior code § 4307).
16.32.040 Maintenance and mosquito abatement.
A. The city council finds that improperly operated or maintained swimming pools that provide a breeding place for mosquitoes are dangerous or injurious to the health, welfare or safety of residents of the vicinity and as such constitute a public nuisance.
B. “Swimming pool” is defined as any public or private above, at or below grade artificial basin, chamber, tank or structure used or intended to be used for wading, swimming, diving, bathing, or any form of water recreation, therapy or sport.
C. Responsibilities of Owners and Operators of Swimming Pools. All owners of property that contain a swimming pool and all operators of a swimming pool shall at all times properly maintain and operate the swimming pool in a manner that does not allow the swimming pool to become a breeding place for mosquitoes, including emptying and keeping dry a swimming pool that is abandoned and/or not in service. Violation of this subsection is an infraction punishable by a fine not to exceed $250.00.
D. Nuisance Abatement and Assessment Procedures. Pursuant to authority provided in Article 6, Chapter 10, Part 2, Division 3 of Title 4 of the Government Code of the state of California, and other applicable law, the city hereby establishes a procedure which may be utilized for abatement of public nuisances consisting of improperly operated or maintained swimming pools that provide a breeding place for mosquitoes. This procedure is in addition to any other procedure that is authorized for such abatement. The purpose of this procedure is to enable the city to issue a notice of violation requiring the owner of any parcel of land or premises as shown on the last equalized assessment roll to abate such public nuisance and upon failure of the owner to satisfy the requirement by the date specified, to authorize the city to abate such public nuisance and to cause the cost of such abatement to become a special assessment against the property.
E. Inspection. If, upon inspection, the city code enforcement officer, or a duly authorized representative of the city, ascertains the presence of a swimming pool that is providing a breeding place for mosquitoes, the city code enforcement officer, or a duly authorized representative of the city, may issue a notice of violation for the parcel or premises upon which the public nuisance is discovered to each owner of record as shown on the last equalized assessment roll.
The notice shall be posted in a conspicuous place on the property and a copy shall also be mailed to each owner of record as shown on the last equalized assessment roll. The notice of violation shall require the owner to abate the public nuisance within 25 days from the date of the notice, or attend a hearing, at a specified time and place, not sooner than 10 days nor longer than 15 days from the date of posting the notice or of mailing the notice, whichever is later, to show cause why the owner should not be required to abate the public nuisance. The failure of any person to receive the notice shall not affect the validity of any proceeding under this section.
F. Notice of Violation. The notice of violation shall do the following:
1. State the finding of the city that a public nuisance exists on the property and the location of the public nuisance on the property;
2. Direct the owner within 25 days of the notice to take appropriate steps to abate, eliminate, and prevent the recurrence of the public nuisance;
3. Inform the owner that, before complying with the requirements of the notice, the owner may appear at a hearing before the city’s planning commission at a time and place stated in the notice; and
4. Inform the owner that if he fails to comply with requirements of the notice by the date specified: (a) the city, or its contractor, may enter upon the property and abate the public nuisance; (b) the city will bill the property owner for the cost of abatement, including administrative costs, and the costs shall become a special assessment against the property to be collected on the next regular property tax bill levied against the property.
G. Hearing. Before complying with the requirements of the notice of violation, the owner of the property of the swimming pool may appear at a hearing before the city’s planning commission at a time and place fixed by the city and stated in the notice. At the hearing, the city’s planning commission shall determine whether the initial finding as set forth in the notice is correct and shall permit the owner to present testimony. If, after hearing all the facts, the city’s planning commission makes a determination that a public nuisance exists on the property, the city’s planning commission shall order compliance with the requirements of the notice of violation or appropriate alternative orders.
H. Abatement – City May Perform Work. In the event that the public nuisance is not abated by the date specified in the notice or by the date established by alternative orders issued by the city’s planning commission, the city, or its contractor, may enter the property and abate the public nuisance.
I. Abatement – Assistance of Other Agencies or Contractors. The city code enforcement officer, or a duly authorized representative of the city, may request any city department or agency having the necessary personnel and equipment to perform the work required of abating the public nuisance. The city may also use the service of contractor(s) under contract(s) awarded by the city. In the event a contract has been awarded, the contractor shall keep a complete account and submit an itemized written report with respect thereto to the city upon completion of the abatement work.
J. Assessment of Abatement Costs Against Owner. In the event that the city, or its contractor, abates the public nuisance pursuant to subsection (H) or (I) of this section, the city may make the costs of the abatement, including administrative costs, a special assessment against the property. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.
K. Interfering with Code Enforcement Officer’s Duties Prohibited. No person shall refuse to obey any lawful order of the city code enforcement officer, or a duly authorized representative of the city code enforcement officer, made in the performance of his duties within the power conferred upon him by state law or by the municipal law of this city, including this section. Violation of this subsection shall be punishable as a misdemeanor. (Ord. 671 § 1, 1997).