Bell Municipal Code Ch. 8.44 Swimming Pools

Every person who owns or is in possession of any premises on which there is situated a swimming pool, fish pond, wading pool, or any other outside body of water created by artificial means, designed or used for swimming or other immersion purposes, by men, women or children, any portion of which is two or more feet in depth, shall maintain, on the lot or premises upon which such swimming pool, fish pond, wading pool or other artificial body of water is located, completely surrounding such body of water, lot, or premises, a fence, wall, or other structure not less than six feet in height with no opening therein, except door or gates constructed in accordance with the provisions of this chapter.

(Prior code § 3951)

Wood fences shall have posts not less than three inches by three inches, spaced not over 10 feet on centers, and imbedded at least 18 inches into the ground. Posts, other than redwood, shall be treated with a preservative. Fencing shall be at least one-half inch in thickness and fastened securely to at least two rails not less than two inches by three inches in cross section.

(Prior code § 3951(a))

Wire fences shall be constructed of mesh not less than 11 gauge galvanized steel wire supported on one and one-fourth inch diameter galvanized pipe, spaced not over 10 feet on centers. Posts shall be imbedded at least 12 inches in diameter and 18 inches in depth. The aggregate of individual openings in the fence shall not scale more than two and one-half inches when measured in any direction, gate and doors excepted.

(Prior code § 3951(b))

Masonry fences shall be constructed in accordance with approved designs as detailed on the city drawings W-1 and W-2, on file in the office of the city clerk, regulating the construction of masonry fences.

(Prior code § 3951(c))

If the building official finds that any other type of construction has resulted in, or will result in, a fence in all respects the equivalent in strength and durability to a fence constructed as provided in Sections 8.44.020, 8.44.030 or 8.44.040 of this chapter, such type of construction may be authorized by him or her.

(Prior code § 3951(d))

In lieu of maintaining a fence, the owner of the premises may provide a competent person who shall keep the pool under observation at all times while water is kept in the pool.

(Prior code § 3951(e))

A. All gates or doors opening through the fence or structure protecting a swimming pool as required by this chapter, shall be equipped with self-closing and self-latching devices not less than four feet above grade capable of keeping such gate or door securely closed at all times when not in actual use.

B. All doors or gates shall be of such size as to completely fill any opening in the fence or wall. The owner or person in possession of the premises on which such swimming pool exists shall keep such doors and gates closed and securely latched at all times when such swimming pool is not in use.

(Prior code § 3951(f))

A. "Swimming pool" is defined as 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.

B. Responsibilities of Owners and Operators of Swimming Pools. All owners of property that contain a swimming pool and all operators of 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, including emptying and keeping dry a swimming pool that is abandoned and/or not in service. Violation of this subsection is an infraction punishable by a fine not to exceed $250.

C. Nuisance Abatement and Assessment Procedures. Pursuant to authority provided in Article 6, Chapter 10, Part 2, Division 3 of Title 4 of the Government Code of the State of California, and other applicable law, the city establishes a procedure which may be utilized for abatement of public nuisances consisting of improperly operated or maintained swimming pools that provide a breeding place for mosquitoes. The purpose of this procedure is to enable the city to issue a notice to abate requiring the owner of any parcel of land or premises as shown on the last equalized assessment roll to abate such public nuisance and upon failure of the owner to satisfy the requirement by the date specified, to authorize the city to abate such public nuisance and to cause the cost of such abatement to become a special assessment against the property.

D. Inspection. If upon inspection the director of development services, or a duly authorized representative of the director of development services, or a Los Angeles County health officer, ascertains the presence of a swimming pool that is providing a breeding place for mosquitoes, the director of development services, or a duly authorized representative of the director of development services, or a Los Angeles County health officer may issue a notice to abate for the parcel or premises upon which the public nuisance is discovered to each owner of record as shown on the last equalized assessment roll. The notice shall be posted in a conspicuous place on the property and a copy shall be mailed to each owner of record as shown on the last equalized assessment roll. The notice to abate shall require the owner to abate the public nuisance within 25 days from the date of the notice, or attend a hearing, at a specified time and place, not sooner than 10 days nor longer than 15 days from the date of posting the notice or of mailing the notice, whichever is later, to show cause why the owner should not be required to abate the public nuisance. The failure of any person to receive the notice shall not affect the validity of any proceeding under this section.

E. Notice to Abate. The notice to abate shall do the following:

1. State the finding of the city that a public nuisance exists on the property and the location of the public nuisance on the property;

2. Direct the owner within 25 days of the notice to take appropriate steps to abate, eliminate and prevent the recurrence of, the public nuisance;

3. Inform the owner that before complying with the requirements of the notice, the owner may appear at a hearing before the city council at a time and place stated in the notice; and

4. Inform the owner that if he or she fails to comply with the requirements of the notice by the date specified: (a) 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 (c) that if the owner fails to pay the bill timely, 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.

F. Hearing. Before complying with the requirements of the notice to abate the owner of the property of the swimming pool may appear at a hearing before the city council at a time and place fixed by the city and stated in the notice. At the hearing, the city council shall determine whether the initial finding as set forth in the notice is correct and shall permit the owner to present testimony. If, after hearing all the facts, the city council makes a determination that a public nuisance exists on the property, the city council shall order compliance with the requirements of the notice or with alternative orders issued by the city council.

G. Abatement—City May Perform Work. In the event that the public nuisance is not abated by the date specified in the notice or by the date established by alternative orders issued by the city council, the city or its contractor, may enter the property and abate the public nuisance.

H. Abatement—Assistance of Other Agencies or Contractors. The director of development services, or a duly authorized representative of the director of development services, or a Los Angeles County health officer may request any city department or agency having the necessary personnel and equipment to perform the work required to abate the public nuisance. The city may also use the services of contractor(s) under contract(s) awarded by the city. 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.

I. Assessment of Abatement Costs Against Owner. In the event that the city, or its contractor, abates the public nuisance pursuant to subsection G or H of this section, the city may make the cost of the abatement, including administrative costs, a special assessment against the property. The assessment may 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 and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.

J. Interfering with the Director of Development Services' Duties Prohibited. No person shall refuse to obey any lawful order of the director of development services, or a duly authorized representative of the director of development services, or a Los Angeles County health officer made in the performance of his or her duties within the power conferred upon him/her by state law or by the municipal law of this city, including this section. Violation of this subsection shall be punishable as a misdemeanor.

(Prior code § 3951(g); Ord. 1110 § 1, 1997)