Chapter 8.12
SWIMMING POOLS
Sections:
8.12.010 Enclosures – Requirements.
8.12.020 Plans – Requirement compliance required.
8.12.010 Enclosures – Requirements.
A. Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool shall at all times maintain on the lot or premises upon which such pool is located and completely surrounding such pool, lot or premises, a fence or other solid structure not less than five feet in height. The following materials are approved for fencing: solid masonry or concrete block wall, solid wood fence, chain link fence and ornamental iron fencing, providing there are not intermediate horizontal members (other than top and bottom rail which shall be a minimum of 54 inches apart) and all vertical members shall not be more than four inches apart. Any fencing other than that listed herein shall require special approval from the building department. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use. Such device that is accessible from outside the enclosure shall be a minimum of four feet 10 inches above the ground; provided, that the door of any dwelling occupied by human beings and forming any part of the enclosure required in this section need not be so equipped. Overhead garage doors and driveway gates shall not be used as part of the pool enclosure. The provisions of this subsection shall not apply to public swimming pools for which a charge or admission price is required to be paid for such use thereof, nor to swimming pools which are a part of and located upon the same premises as an actively operated hotel or motel.
B. Where there is located upon such lot or premises an unattended, undrained swimming pool and such premises are vacated or unoccupied, such unattended, undrained swimming pool is a public nuisance and shall be immediately drained by such person in possession of the land either as owner, purchaser under contract, lessee, tenant, licensee or otherwise.
C. When there is located upon such lot or premises, whether occupied or not, a swimming pool containing water so dirty or algae-filled, or unclear for any other reason that objects below the surface thereof are not readily visible or discernible, such swimming pool is a public nuisance and shall be immediately drained by such person in possession of the land either as owner, purchaser under contract, lessee, tenant, licensee or otherwise.
D. Whenever any person in possession of the land, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, fails or refuses to comply with the provisions of this section, the community development director or designee may, upon order of the city council as hereinafter described, abate the nuisance by draining the swimming pool and taking such other action necessary to ensure compliance with the provisions of this chapter and to protect the public health, safety and welfare.
E. The community development director or designee shall give the owner, purchaser under contract, lessee, tenant, licensee or person in possession of the land written notice of his intention to abate such nuisance by mailing such notice by certified mail to the owner of the land according to the tax assessment records and by posting such notice on or in front of the property upon which such nuisance exists, at least five days before the time set for hearing objections. Such notices shall describe the nuisance, require the owner to comply with this section within five days of the date of the notice, and provide that unless such action is taken by the owner, the nuisance will be abated by the city and the cost of such abatement assessed upon such land until paid. The notice shall state the time and place when the city council will hear objections to the proposed abatement.
F. At the time stated in the notices, the city council shall hear and consider all objections to the proposed abatement. It may continue the hearing from time to time. At the conclusion of the hearing, and after considering and disposing of objections, or if no objections are made, the council shall order the fire chief to proceed with abatement or take such other action as is necessary to protect the public health, safety and welfare and ensure compliance with this chapter. Such order may be made by motion and shall be final.
G. The community development director or designee, or others assigned by him to carry out the abatement order, may enter upon private property to abate the nuisance. Before the arrival of persons assigned to carry out the order, the property owner may abate the nuisance at his own expense.
H. The community development director or designee shall keep an account of the cost of abatement on each separate parcel of land where work is done and shall submit to the legislative body for confirmation an itemized written report showing such cost. A copy of the report shall be sent to the property owner of each parcel of land along with a notice of the time that the city council will consider the report. A copy of such report and notice shall also be posted on or near the door of the council chamber. Such report and notice shall be sent and posted at least five days prior to the time fixed for consideration by the council.
I. At the time set for consideration of the report, the city council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report as necessary and shall then confirm the report by motion.
J. The total cost for abating such nuisance shall constitute a special assessment against the respective parcel of land to which it relates. After confirmation of the report by the city council, a copy may be turned over to the tax collector for the city, to add the amount of the special assessment to the next regular tax bill levied against the parcel of land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.
K. The community development director or designee may receive the amount due on the confirmed report and issue receipts at any time prior to turning the same over to the tax collector. The tax collector may collect the assessment by separate billing and issuing receipts, without reference to the general taxes, at any time prior to the time the special assessment is added to the next regular tax bill levied against the parcel of land for municipal purposes.
L. The provisions of this section shall not in any way limit or restrict the city or the district attorney from enforcing this chapter or other city ordinances, or abating public nuisances, in any other manner provided by law. (Ord. 1653 §§ 1 – 5, 1987; Ord. 1604 § 1, 1985; Ord. 1223 § 1, 1973; 1964 Code § 17.21.)
8.12.020 Plans – Requirement compliance required.
All plans submitted to the city for swimming pools to be constructed shall show compliance with the requirements of CMC 8.12.010. Final inspection and approval of all pools constructed shall be withheld until all requirements of CMC 8.12.010 have been complied with. (1964 Code § 17.22.)
8.12.030 Definitions.
As used in CMC 8.12.010, “swimming pool” means and includes swimming pool, spa, hot tub, or any uncovered structure or device, whether above or below ground, containing water measuring 18 inches in depth or greater. (Ord. 1604 § 2, 1985.)