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CC - Item 4G - Second Reading and Adoption of Ordinance No. 996, Adding Chapter 8.38 to Title 8 of the Rosemead Municipal Code Relating to Pool MaintenanceROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR ARMENTA AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER J.VA DATE: NOVEMBER 10, 2020 SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 996, ADDING CHAPTER 8.38 TO TITLE 8 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO POOL MAINTENANCE SUMMARY On October 13, 2020, The San Gabriel Valley Mosquito and Vector Control staff provided a presentation on a proposed Pool Maintenance Ordinance. The City Council directed staff to bring back an ordinance to address mosquito abatement and enforcement of swimming pool maintenance. At the October 27th meeting the City Council introduced for first reading the Ordinance. The Ordinance is now being presented for adoption by the City Council DISCUSSION The San Gabriel Valley Mosquito and Vector Control District (SGVMVCD) and the San Gabriel Valley Council of Governments (SGVCOG) have encouraged their member cities to adopt a swimming pool maintenance ordinance to prevent stagnant sources of water from becoming breeding grounds for mosquitoes in unmaintained swimming pools. Attached is the staff report from the SGVMVCD on the topic. Adoption of this ordinance provides formal procedures and an easier collaboration with the SGVMVCD in the investigation, identification and abatement of mosquito breeding in unmaintained pools to prevent the potential spread of mosquito -borne illnesses to humans such as the West Nile Virus. Adopting this ordinance is recommended by both the SGVCOG and SGVMVCD as it provides a unified, cohesive and collaborative standard for mosquito abatement and enforcement of swimming pool maintenance. The ordinance authorizes the City Manager (or designated City personnel) to promulgate rules, regulations, policies and procedures to investigate, identify and abate unmaintained pools in conjunction with the SGVMVCD. The Ordinance also sets forth a penalty for administrative citations. As provided for by City Council Resolution for Health and Safety violations the amount of the penalty is $1000 for the first, second, and subsequent violations within a 12 -month period. The prior staff reports had incorrectly indicated that the penalties were $100, $250 and $500. AGENDA ITEM 4.G City Council Meeting November 10, 2020 Page 2 of 2 RECOMMENDATION: That the City Council approve the second reading and adopt Ordinance No. 996 by title only, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADDING CHAPTER 8.38 TO TITLE 8 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO POOL MAINTENANCE Submitted by: Rachel Richman City Attorney Attachment A: Ordinance No. 996 Attachment A Ordinance No. 996 ORDINANCE NO. 996 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADDING CHAPTER 8.38 TO TITLE 8 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO POOL MAINTENANCE THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds and determines 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. SECTION 2. Environmental Review. The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3: (1) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); (2) Section 15060(c)(3) (the activity is not a project as defined in Section 15378), because the subject regulations have no potential for resulting in any significant physical change to the environment, directly or indirectly, and (3) Section 15321 (the ordinance addresses administrative procedures for law enforcement activities). SECTION 3. Addition of Chapter 8.38. The Rosemead Municipal Code is amended to add Chapter 8.38 to Title 8 to read as shown in Exhibit A. SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end the provisions of this ordinance are declared to be severable. SECTION 5. Publication. The City Clerk is directed to certify to the adoption of this ordinance and publish in accordance with law. PASSED, APPROVED, AND ADOPTED this _ day of , 2020. Sandra Armenta, Mayor ATTEST: Erick Hernandez, City Clerk APPROVED AS TO FORM Rachel H. Richman City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of California, hereby attest to the above signature and certify that Ordinance No. 996 was adopted by the City Council of the City of Rosemead at a regular meeting of said Council held on the day of , 2020, by the following vote: AYES: NOES: ABSENT: Ericka Hernandez, City Clerk EXHIBIT A Chapter 8.38 POOL MAINTENANCE 8.3 8.010 - Title. This chapter shall be known as the Pool Maintenance ordinance. 8.38.020 - 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. 8.38.030 - Definitions. "City" means the city of Rosemead. "Code" means the Rosemead Municipal Code, and laws incorporated therein by reference, as well as any adopted and uncodified ordinances. "City manager" means the Rosemead 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" 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 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. 8.38.040 - 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. 8.38.050 - 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. 8.38.060 - 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; 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. 8.38.070 - 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 who violates any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, may be guilty of a misdemeanor or an infraction as determined by the city and/or a prosecuting attorney. 8.38.080 - 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 8.40 (Property Maintenance). B. The city manager may utilize the procedures set forth in section 8.44.120 (Emergency action to abate an imminent hazard) for the emergency abatement of an unmaintained pool if it is determined that the pool creates an imminent hazard. 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. 8.3 8.090 - 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 1.20 (Administrative Citations). B. Notwithstanding any other provisions of this code, the penalty amount of an administrative citation issued for a violation of this chapter will be assessed as provided for in amounts established by City Council resolution. 8.38.100 - 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 unmamtained 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. 8.38.120 - 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. 8.38.130 - 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 cicouncil 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.