Chapter 8.68
SWIMMING POOLS
Sections:
8.68.030 Responsibilities of owners and operators of swimming pools.
8.68.040 Responsibility for abatement.
8.68.050 Notice/order to abate.
8.68.070 Decision of city manager.
8.68.100 Cost of abatement – Billing/assessment.
8.68.110 Assessment procedure.
8.68.120 Failure to receive notice.
8.68.010 Findings.
The city council finds that improperly operated or maintained swimming pools that provide a breeding place for mosquitoes are dangerous and injurious to the health, safety and welfare of residents in the vicinity. (Ord. 1499 § 1 (part), 1996)
8.68.020 Definitions.
As used in this chapter:
“City manager” means the city manager or the city manager’s designee.
“Director” means the director of community development or the director’s designee.
“Health officer” means that person designated by the city to oversee issues relating to environmental health concerns or that person’s designee.
“Swimming pool” means 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. 1499 § 1 (part), 1996)
8.68.030 Responsibilities of owners and operators of swimming pools.
A. All persons owning, leasing, occupying or having charge or possession of any real property that contains 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. Such maintenance and operation includes, but is not limited to, emptying and keeping dry a swimming pool that is abandoned and/or not in service.
B. The maintenance of a swimming pool in such a manner so as to provide a breeding ground for mosquitoes is declared to be a public nuisance. (Ord. 1499 § 1 (part), 1996)
8.68.040 Responsibility for abatement.
Whenever the director reasonably believes a public nuisance exists with relation to a swimming pool as a breeding ground for mosquitoes, based upon inspection by the city’s health officer or other evidence, the director shall commence abatement proceedings. (Ord. 1499 § 1 (part), 1996)
8.68.050 Notice/order to abate.
A. When the director reasonably believes a nuisance to exist, the director shall issue a notice and order (“notice”) requiring the property owner to abate the nuisance within thirty days of the date of the notice and specifying that if the property owner wishes to appeal the director’s notice, to appear at a hearing at the date and time specified in the notice and show cause why the owner should not be required to abate the public nuisance.
B. The notice shall be given to each owner of the affected property as shown on the latest equalized tax assessment roll by mailing the same by certified mail to the owner’s address as indicated thereon and by conspicuously posting a copy of the notice on the affected property.
C. The notice shall indicate the nature of the alleged nuisance, the description of the property involved and the manner of abatement required.
D. The notice shall inform the owner of the right to be represented by an attorney, to present evidence and witnesses and to cross-examine witnesses at the hearing.
E. The notice shall inform the owner that if the owner fails to comply with the requirements of the notice by the date specified or alternatively, if the owner fails to appear at the hearing:
1. The city, or its contractor, may enter upon the property and abate the public nuisance;
2. The city will bill the property owner for the cost of abatement, including administrative costs, and that if the owner fails to pay the bill within thirty days of the date of mailing, 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; and
3. That the property may be sold after three years by the tax collector for unpaid delinquent assessments. (Ord. 1499 § 1 (part), 1996)
8.68.060 Hearing.
A. The hearing shall be held no less than ten days nor more than twenty days from the date of the notice.
B. The hearing shall be conducted by the city manager. The city manager is authorized to take testimony and in the course of so doing, is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a).
C. The city manager shall consider all relevant evidence, including but not limited to applicable staff reports. The city manager shall give the owner and other interested persons a reasonable opportunity to be heard, to present evidence and witnesses and to cross-examine witnesses in conjunction therewith. Based upon the evidence so presented, the city manager shall determine whether a nuisance exists within the meaning of this chapter. (Ord. 1499 § 1 (part), 1996)
8.68.070 Decision of city manager.
The decision of the city manager shall be final and conclusive. If it is determined that a nuisance exists, the decision shall include an order to abate the nuisance within a reasonable period of time as determined by the city manager and shall also include the manner in which the nuisance should be abated. (Ord. 1499 § 1 (part), 1996)
8.68.080 Notice of decision.
A copy of the city manager’s decision shall be mailed by certified mail to the owner within five working days after the adoption thereof. The notice shall specify that:
A. If the nuisance is not abated within the time specified, 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 that if the owner fails to pay the bill within thirty days of the date of mailing, 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;
C. That the property may be sold after three years by the tax collector for unpaid delinquent assessments; and
D. That pursuant to California Code of Civil Procedure Section 1094.6, any action to review said decision shall be commenced not later than the ninetieth day after the date the hearing officer’s order is issued. (Ord. 1499 § 1 (part), 1996)
8.68.090 Abatement by city.
A. Any owner shall have the right to abate the public nuisance in accordance with the decision of the director or order of the city manager prior to the expiration of time provided. Upon receipt of notice from the owner that the nuisance has been abated and verification by the city of the same, the proceedings shall be considered terminated.
B. In the event that the public nuisance is not completely abated by the date specified in the notice or by the date established by the decision of the city manager, the city, or its contractor, may enter the property and abate the public nuisance. (Ord. 1499 § 1 (part), 1996)
8.68.100 Cost of abatement – Billing/assessment.
A. Where the director and/or the city attorney is required to cause the abatement of a public nuisance pursuant to the provisions of this chapter, the director shall keep an accounting of the cost thereof, including incidental expenses for the abatement. 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. The term “incidental expenses” includes but is not limited to the actual expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of the work, and the costs of printing and mailings required under this chapter, and any attorney’s fees expended in the abatement of the nuisance, through civil action or otherwise. The city attorney shall be responsible for keeping an accounting of attorney’s fees and costs and transmitting the same to the director.
B. A bill for costs shall be sent to the property owner at the conclusion of the abatement; if the bill is not paid within thirty days of the date of mailing, the costs shall be assessed against the property in accordance with the procedure set forth below. (Ord. 1499 § 1 (part), 1996)
8.68.110 Assessment procedure.
A. The director shall submit an itemized statement of costs to the city clerk who shall set the same for a hearing before the city manager.
B. The city clerk shall cause notice of the time and place of the hearing to be given to the owners of the property to which the same relate by certified mail, postage prepaid, addressed to the person at his last known address and as shown on the latest equalized assessment roll at least seven days in advance of the hearing.
C. At the time and place fixed for receiving and considering the report, the city manager shall hear and pass upon the report of the director, together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon, the city manager shall make such revision, correction and modification to the report as he may deem just after which the report as submitted, or as revised, corrected or modified shall be confirmed. The decision of the city manager shall be final. The notice shall specify:
1. The amount of costs to be assessed against the property;
2. That the property may be sold after three years by the tax collector for unpaid delinquent assessments; and
3. That pursuant to California Code of Civil Procedure Section 1094.6, any action to review said decision shall be commenced not later than the ninetieth day after the date the City Manager’s order is issued.
D. The city clerk shall give notice of the city manager’s decision to the owner, or owners of the property by certified mail within five days of the date of the decision and shall cause the same to be recorded with the recorder of Los Angeles County.
E. The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates; and, after its recording, as thus made and confirmed, the same shall constitute a lien on the property in the amount of the assessment. After the confirmation of the report, a copy thereof shall be transmitted to the tax collector for the city, whereupon it shall be the duty of the tax collector to add the amounts of the assessment, or assessments, to the next regular bills of taxes levied against the respective lots and parcels 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 are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. (Ord. 1499 § 1 (part), 1996)
8.68.120 Failure to receive notice.
The failure of any person to receive any notice required by this chapter shall not affect the validity of any proceeding under this chapter. (Ord. 1499 § 1 (part), 1996)
8.68.130 Alternatives.
A. Nothing in this chapter shall be deemed to prevent the city council from ordering the city attorney to commence any appropriate civil action to abate a nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this chapter; nor shall anything in this chapter be deemed to prevent the city from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this chapter. Furthermore, nothing herein shall prevent the city from issuing a citation for maintaining a condition which would constitute a public nuisance pursuant to Section 8.68.030.
B. If the city council orders the city attorney to commence any appropriate action to abate a nuisance, the city may recover its costs and attorney’s fees as part of the judgment which may be recorded as an assessment against the property and constitute a lien thereon. This section grants specific authority to any court of competent jurisdiction to grant an award of costs and attorney’s fees in favor of the city. This section for the recovery of attorney’s fees may be used alternatively to, or in conjunction with, the procedures set forth above; however, in no event may the city obtain a double recovery. Failure of a court to award attorney’s fees as part of a judgment does not preclude the city from assessing costs against the property pursuant to the procedures set forth above. (Ord. 1499 § 1 (part), 1996)
8.68.140 Emergency abatement.
Notwithstanding any other provision of this chapter with reference to the abatement of a public nuisance, whenever the city manager or his designee determines that a condition exists which is dangerous to human life, and such condition constitutes an immediate hazard or danger, he shall, without observing the provisions of this chapter with reference to abatement procedures, immediately and forthwith abate the existing public nuisance. (Ord. 1499 § 1 (part), 1996)
8.68.150 Violation – Penalty.
The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance defined in this chapter, or who violates an order of abatement is guilty of a misdemeanor. (Ord. 1499 § 1 (part), 1996)