CHAPTER 6
SWIMMING POOLS
Sections:
§ 5602 Responsibilities of Owners and Operators of Swimming Pools.
§ 5603 Nuisance Abatement and Assessment Procedures.
§ 5607 Abatement – City May Perform Work.
§ 5608 Abatement – Assistance of Other Agencies or Contractors.
§ 5609 Assessment of Abatement Costs Against Owner.
§ 5610 Interfering with Health Officer’s Duties Prohibited.
5600 Legislative Policy.
The City Council finds that improperly operated or maintained swimming pools that provide a breeding place for mosquitos are dangerous or injurious to the health, welfare or safety of residents of the vicinity and as such constitute a public nuisance. (Ord. 95-1076, § 1)
5601 Definitions.
“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. (Ord. 95-1076, § 1)
5602 Responsibilities of Owners and Operators of Swimming Pools.
All owners of property that contains 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 mosquitos, including emptying and keeping dry a swimming pool that is abandoned and/or not in service. Violation of this Section is an infraction punishable by a fine not to exceed $250.00. (Ord. 95-1076, § 1)
5603 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 mosquitos. 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 to abate 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. (Ord. 95-1076, § 1)
5604 Inspection.
If upon inspection the City Health Officer, or a duly authorized representative of the City Health Officer, ascertains the presence of a swimming pool that is providing a breeding place for mosquitos, the City Health Officer, or a duly authorized representative of the City Health Officer, may issue a notice to abate 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 to abate shall require the owner to abate the public nuisance within twenty-five (25) days from the date of the notice, or attend a hearing at a specified time and place, not sooner than ten (10) days nor longer than fifteen (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. (Ord. 95-1076, § 1)
5605 Notice to Abate.
The notice to abate shall do the following:
(a) State the finding of the City that a public nuisance exists on the property and the location of the public nuisance on the property;
(b) Direct the owner within twenty-five (25) days of the notice to take appropriate steps to abate, eliminate, and prevent the recurrence of the public nuisance;
(c) Inform the owner that before complying with the requirements of the notice, the owner may appear at a hearing before the City Council at a time and place stated in the notice; and
(d) Inform the owner that if he fails to comply with the 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 (c) that if the owner fails to pay the bill timely, the cost of the abatement, including administrative costs, shall become a special assessment against the property to be collected on the next regular property tax bill levied against the property. (Ord. 95-1076, § 1)
5606 Hearing.
Before complying with the requirements of the notice to abate, the owner of the property of the swimming pool may appear at a hearing before the City Council at a time and place fixed by the City and stated in the notice. At the hearing, the City Council shall determine whether the initial finding as set forth in the notice is correct and shall permit the owner to represent testimony. If, after hearing all the facts, the City Council makes a determination that a public nuisance exists on the property, the City Council shall order compliance with the requirements of the notice or with alternative orders issued by the City Council. (Ord. 95-1076, § 1)
5607 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 Council, the City, or its contractor, may enter the property and abate the public nuisance. (Ord. 95-1076, § 1)
5608 Abatement – Assistance of Other Agencies or Contractors.
The City Health Officer, or a duly authorized representative of the City Health Officer, may request any City department or agency having the necessary personnel and equipment to perform the work required to abate the public nuisance. The City may also use the services 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. (Ord. 95-1076, § 1)
5609 Assessment of Abatement Costs Against Owner.
In the event that the City, or its contractor, abates the public nuisance pursuant to CMC 5607 or 5608, the City may make the cost 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. (Ord. 95-1076, § 1)
5610 Interfering with Health Officer’s Duties Prohibited.
No person shall refuse to obey any lawful order of the City Health Officer, or a duly authorized representative of the City Health 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 Section shall be punishable as a misdemeanor. (Ord. 95-1076, § 1)