La Palma Municipal Code Art. VI Swimming Pool Maintenance

Footnotes:

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State Law reference— The Swimming Pool Safety Act, Health and Safety Code § 115920 et seq.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Swimming pool orpool means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. The term "swimming pool" includes in-ground and above-ground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.

The City Council finds and determines that swimming pools, when not properly maintained and operated so as to keep pool water clean and clear, constitute a severe hazard to the health and safety of the citizens of the City.

(Code 1975, § 12-17; Ord. No. 75-10, § 1)

Every owner or resident of property on which there is located a swimming pool, wading pool or other similar body of water shall maintain the water therein in a sufficiently clear and clean condition so that a black disc, six inches in diameter when placed at the bottom of such body of water at its deepest point against a white field, is clearly visible from the areas around such body of water at all distances up to ten yards from such disc.

(Code 1975, § 12-18; Ord. No. 75-10, § 2)

Floating scum, sputum, and debris shall not be allowed to accumulate in any swimming pool, wading pool, or other similar body of water in the City. Skimmers, where provided, and water levels shall be maintained and operated so as to remove such material. The bottom and sides of such body of water shall be cleaned as often as necessary to keep them in a clean condition. The sides and bottom of such bodies of water, as well as decks and other surfaces near such bodies of water, shall be kept free of slime and algae so as to prevent unnecessary slipperiness and danger of accidents or drownings.

(Code 1975, § 12-19; Ord. No. 75-10, § 2)

(a) The Community Development Director or his or her designee is hereby authorized to enforce the provisions of this article.

(b) Whenever any swimming pool, wading pool or other similar body of water shall become foul or stagnant through lack of maintenance as described in this article, the owner or resident of the property on which such body of water or such condition prohibited by this article exists shall be given written notice of noncompliance herewith by the Community Development Director, or his or her designee. Such notice shall include a date, as determined by the Community Development Director in his or her discretion, on which the City shall conduct a re-inspection to determine whether the person is in compliance with the provisions of this article.

(c) If upon re-inspection by the Community Development Director or his or her designee, after the date specified in subsection (b) of this section, the person found to be in violation of this article has not complied with the provisions hereof, said person shall be assessed a fee equal to the actual cost and expense of enforcement of this article. Said fee shall include the cost of re-inspections referenced in subsections (c) and (e) of this section and shall be established by the City Council.

(d) If upon re-inspection by the Community Development Director or his or her designee, after the date specified in subsection (b) of this section, the person found to be in violation of this article has not yet complied with the provisions hereof, that person shall again be given written notice of noncompliance. Such notice shall include a date, as determined by the Community Development Director, in his or her discretion, on which the City shall conduct a re-inspection to determine whether the person is in compliance with the provisions of this article.

(e) If, upon re-inspection by the Community Development Director or his or her designee, after the date specified in subsection (d) of this section, the person previously found to be in violation is then determined to have complied with the provisions of this article, one-half of the fee assessed pursuant to subsection (c) of this section shall be reimbursed to said person.

(f) Failure to comply with provisions of this article on or before the date specified in subsection (d) of this section shall constitute a misdemeanor punishable as described in sections 2-350 through 2-352.

(g) Failure to comply with the same provision of this article, by the same person upon the same property, two times within any six-month period, notwithstanding the payment or nonpayment of any fee described in this section, shall constitute a misdemeanor.

(h) The City Manager, or his or her designee, is hereby authorized to procure professional services, as authorized by section 2-197(3)b, in order to secure payment of any fee described in this section.

(Code 1975, § 12-20; Ord. No. 75-10, § 2; Ord. No. 90-03, § 3)