Alhambra Municipal Code Ch. 6.40 Pool Maintenance

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

OWNER. 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. 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. Any swimming pool, whether above-ground or in-ground. 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. Any privately owned real property in the city on which a pool, as defined in this chapter, is present.

RESPONSIBLE PERSON. 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.

(Ord. 4777, passed 9-14-20)

(A) The City Manager is 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 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. 4777, passed 9-14-20)

(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 will 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 will, 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 will 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 has every remedy provided by law to secure lawful entry and inspect the premises, including, but not limited to, securing an inspection warrant pursuant to Cal. Civ. Proc. Code §§ 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 danger to life or property, the City Manager has the right to immediately enter and inspect the premises, and may use any reasonable means required to effectuate the entry and inspection.

(Ord. 4777, passed 9-14-20)

(A) Owners must, at all times, regularly and continuously maintain a pool in one of the following manners:

(1) The pool must be filtered and treated so the water remains clear and circulating; or

(2) The pool must be fully drained and kept dry at all times.

(B) Any pool that is not maintained in conformance with subsection (A) will 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 will be deemed responsible for the regular and continuous maintenance of his or her pool in accordance with subsection (A).

(Ord. 4777, passed 9-14-20)

(A) No responsible person may allow, cause, create, suffer or permit the presence of an unmaintained pool on his or her property.

(B) Any violation of this chapter is declared a public nuisance which is subject to abatement pursuant to the procedures described in this chapter and as authorized by law.

(C) Any person violating the provisions of this chapter is subject to the penalty provisions set forth in Chapter 1.12.

(Ord. 4777, passed 9-14-20)

(A) The City Manager may cause an unmaintained pool to be abated, in accordance with the procedures set forth in Chapter 6.26.

(B) The City Manager may utilize the procedures set forth in § 6.26.180 for the emergency abatement of an unmaintained pool if it is determined that the pool creates an imminent danger to life or property.

(C) The costs of abatement may be recovered by a nuisance abatement or special assessment lien, as set forth in §§ 6.26.210 and 6.26.220, or in accordance with any procedure authorized by law.

(Ord. 4777, passed 9-14-20)

(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 will be in accordance with and as provided in Chapter 1.13.

(B) Notwithstanding any other provisions in this code, the penalty amount of an administrative citation issued for a violation of this chapter will be assessed as follows:

(1) For the first administrative citation, the penalty is $100.

(2) For the second administrative citation, the penalty is $200.

(3) For the third administrative citation, the penalty is $500.

(Ord. 4777, passed 9-14-20)

The remedies listed in this chapter are not exclusive of any other remedies available to the city under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies.

(Ord. 4777, passed 9-14-20)