CC - Item 7A - Discussion on Pool Maintenance Ordinance E M F
ROSEMEAD CITY COUNCIL
PRIDE STAFF REPORT
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,NCORPORATED 1c59
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER
DATE: AUGUST 25, 2020
SUBJECT: DISCUSSION ON POOL MAINTENANCE ORDINANCE
SUMMARY
This item is presented to the City Council at the request of Mayor Armenta. She would like to
discuss a pool maintenance ordinance.
STAFF RECOMMENDATION
That the City Council discuss and provide further direction.
STRATEGIC PLAN IMPACT -None
FISCAL IMPACT -None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Attachment: Sample Pool Maintenance Ordinance
AGENDA ITEM 7.A
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Attachment A
Sample Pool Maintenance Ordinance
EXHIBIT 11.1
Chapter - POOL MAINTENANCE
#-##-###-Title.
This chapter shall be known as the city of Pool Maintenance ordinance.
(Ord.No. , § )
#-##-###- Findings and purpose.
The city council finds and declares as follows:
A. Stagnant sources of water create breeding grounds for mosquitoes, which are capable of
transmitting the causative agents of human diseases.
B. Inadequately maintained swimming pools are a significant source of stagnant or standing bodies
of water within the city.
C. It is the purpose and intent of this chapter to protect public health, safety and welfare by
developing regulations that will promote the maintenance of swimming pools in the city in a
healthful, sanitary and safe condition.
D. It is further the purpose and intent of this chapter to establish administrative procedures to cause
the swift abatement of inadequately maintained swimming pools.
(Ord. No. , § )
#-##-###- Definitions.
"City" means the city of
"Code" means the Municipal Code, and laws incorporated therein by reference, as well
as any adopted and uncodified ordinances.
"City manager" means the City Manager and/or his or her authorized designee(s).
"Owner" means and includes any person having legal title to any real property in the city, including all
persons shown as owners on the last equalized assessment roll of the county assessor's office.Owner also
includes any person with powers of attorney, executors of estates, trustees, or who are court appointed
administrators, conservators, guardians or receivers.
"Person," for purposes of this chapter, means and includes any individual, partnership of any kind,
corporation, limited liability company, association, joint venture or other organization or entity, however
formed, as well as trustees, heirs, executors, administrators, assigns and any public entity or agency that
acts as an owner in the city.
"Pool" means any swimming pool, whether above-ground or in-ground. For purposes of this chapter,
"pool"also includes any above-ground or in-ground hot tub or spa, ornamental pond,fountain, bird bath,or
any other man-made structure or fixture capable of collecting water.
"Property" or "premises" means any privately-owned real property in the city on which a pool, as
defined in this chapter, is present.
"Responsible person" means any person, whether an owner as defined in this chapter, or a person
who leases, rents, occupies or has charge, control or possession of property, who allows, causes, creates,
maintains,suffers or permits the presence of a pool that is not maintained in compliance with the provisions
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EXHIBIT 11.1
of this chapter, by any act or the omission of an act or duty. The actions or inactions of a responsible
person's agent, employee, representative or contractor may be attributed to that responsible person.
(Ord.No. , § )
#-##-###- Enforcement; administration.
A. The city manager is hereby authorized and directed to enforce the provisions of this chapter.
B. The city manager is authorized to designate certain city personnel to assist in the enforcement of this
chapter. The designees shall have such enforcement powers as are delegated by the city manager.
C. The city manager is authorized to promulgate rules, regulations, policies and procedures to implement
the provisions of this chapter, including, but not limited to, administrative policies and procedures for
the city's use, independently and/or in conjunction with the San Gabriel Valley Mosquito and Vector
Control District, to investigate, identify and abate pools that are not maintained in compliance with the
provisions of this chapter.
(Ord.No. , § )
#-##-###- Inspections; right of entry.
A. The city manager is authorized to make such inspections and take such actions as may be required
to enforce the provisions of this chapter. Authorized inspections shall be limited to exterior portions of
premises.
B. When it is necessary to make an inspection to enforce the provisions of this chapter, or when the city
manager has reasonable cause to believe that there exists on a premises a pool that is not maintained
in compliance with the provisions of this chapter, the city manager may enter the premises at
reasonable times to inspect.
1. If the property is occupied, the city manager shall, before entering the premises, present proper
credentials and request entry, explaining his or her reasons for the inspection.
2. If the property is unoccupied, the city manager shall first make a reasonable effort to locate the
owner or other responsible person, as defined in this chapter, and request entry, explaining his
or her reasons for the inspection.
3. If consent to entry is refused or otherwise cannot be obtained, the city manager shall have
recourse to every remedy provided by law to secure lawful entry and inspect the premises,
including, but not limited to, securing an inspection warrant pursuant to California Code of Civil
Procedure Sections 1822.50 through 1822.57.
4. Notwithstanding the foregoing, if the city manager has reasonable cause to believe that a pool is
in such a condition as to pose an imminent hazard to public health and safety, the city manager
shall have the right to immediately enter and inspect the premises, and may use any reasonable
means required to effectuate the entry and inspection.
(Ord.No. , § )
#-##-###- Pool maintenance required; maintenance standards; owners' responsibility.
A. Owners,as defined in this chapter, shall, at all times, regularly and continuously maintain a pool in one
of the following manners:
1. The pool shall be filtered and treated so the water remains clear and circulating;
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EXHIBIT 11.1
2. The pool shall be fully drained and kept dry at all times.
B. Any pool that is not maintained in conformance with subsection A. shall be deemed an"unmaintained
pool."
C. Notwithstanding any provision of a lease or rental agreement, or other occupancy contract or
agreement,which assigns pool maintenance duties to a lessee, tenant or occupant, an owner shall be
deemed responsible for the regular and continuous maintenance of his or her pool in accordance with
subsection A.
(Ord.No. , §
#-##-###-Violation; public nuisance; penalty.
A. The city council finds and declares that it is unlawful for any responsible person, as defined in this
chapter, to allow, cause, create, suffer or permit the presence of an unmaintained pool on his or her
property.
B. The city council finds and declares that an unmaintained pool constitutes a public nuisance subject to
abatement.
C. Any person violating the provisions of this chapter is subject to the penalty provisions set forth in
chapter#.##.
(Ord.No. , § )
#-##-###-Abatement;emergency abatement of an imminently hazardous unmaintained pool.
A. The city manager may cause an unmaintained pool to be abated, in accordance with the procedures
set forth in chapter#.##.
B. The city manager may utilize the procedures set forth in section #-##-### for the emergency
abatement of an unmaintained pool if it is determined that the pool creates an imminent hazard to
public health, safety or welfare. Evidence of an imminently hazardous pool shall include, but not be
limited to, the presence of mosquitoes, mosquito larvae, bacterial growth or algae, or water which is
unclear, murky, clouded, green or discolored.
(Ord.No. , § )
#-##-###-Administrative citations.
A. The city manager may issue an administrative citation to a responsible person who causes, allows,
suffers or permits the presence of an unmaintained pool. Issuance of a citation shall be in accordance
with and as provided in chapter#.##.
B. Notwithstanding any other provisions in this code, the penalty amount of an administrative citation
issued for a violation of this chapter shall be assessed as follows:
1. For the first administrative citation, the penalty shall be five hundred dollars ($500.00).
2. For the second administrative citation, the penalty shall be one thousand dollars ($1,000.00).
3. For the third administrative citation, the penalty shall be one thousand five hundred dollars
($1,500.00).
(Ord.No. , § )
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EXHIBIT 11.1
#-##-###- Remedies not exclusive.
Any administrative citation pursuant to this chapter shall not prejudice or adversely affect any other
civil, administrative or criminal action that may be brought to abate an unmaintained pool or to seek
compensation for damages suffered. A civil or criminal action may be brought concurrently with any other
process regarding the same violation.
(Ord.No. , § )
#-##-###-Applicability of other laws.
This chapter is not the exclusive regulation of pool maintenance or penalty for allowing, causing,
creating or permitting the presence of an unmaintained pool. It supplements, and is in addition to, other
regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, San Gabriel Valley
Mosquito and Vector Control District, state or any other legal entity or agency having jurisdiction, including
but not limited to the provisions of Division 3 of the Health and Safety Code (Section 2000, et seq.), as well
as administrative regulations adopted pursuant to those laws.
(Ord.No. , § )
#-##-###-Severability.
If any section,subsection, paragraph,sentence,clause or phrase of this chapter is declared by a court
of competent jurisdiction to be unconstitutional or otherwise invalid,such decision shall not affect the validity
of the remaining portions of this chapter. The city council declares that it would have adopted this chapter,
and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any
one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
(Ord.No. , § )
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