La Verne Municipal Code Ch. 8.32 Swimming Pool Regulations

Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool, shall, at all times, maintain on the lot or premises upon which the pool is located, and completely surrounding such pool, lot or premises, a fence or other solid structure not less than five feet (1.52 meters) in height, with no opening therein, other than doors or gates, larger than six inches (15.24 centimeters) square. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device, designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use. Any such device that is accessible from outside the enclosure shall be a minimum of four feet ten inches (1.47 meters) above the ground; provided, that the door of any dwelling occupied by human beings and forming any part of the enclosure required in this section need not be so equipped.

(Prior code § 7930)

When there is located upon such lot or premises an unattended, undrained swimming pool, and such premises are vacated or unoccupied, such unattended, undrained swimming pool shall be deemed to be a public nuisance and shall be immediately drained by such person in possession of the land, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise.

(Prior code § 7931)

The provisions of Section 8.32.020 shall not apply to public swimming pools for which a charge or admission price is required to be paid for such use thereof, to swimming pools owned by an accredited educational institution, nor to swimming pools which are a part of and located upon the same premises as a hotel or motel, during the time that the owner, operator or adult employee of such owner or operator is present at or in active charge of the premises upon which such pool is located.

(Prior code § 7931.01)

Where Article 9 of Chapter 1 of Division 1 of Title 5 of the Government Code applies, the city council shall proceed as provided in such article. In all other cases, whenever any person in possession of the land, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, fails or refuses to comply with the provisions of this chapter, the fire chief may abate the nuisance after following the procedures established in this chapter.

(Prior code § 7935)

The fire chief shall request the legislative body to declare by resolution that a particular unattended, undrained swimming pool is a public nuisance and shall be abated. The resolution shall contain a statement of the facts which constitute the nuisance and shall describe the property upon which the nuisance exists by giving its lot and block number, according to the official or local agency assessment map, or by other means sufficient to identify the property.

(Prior code § 7935.01)

Any number of parcels of private property may be included within one resolution.

(Prior code § 7935.02)

A. After passage of the resolution, the fire chief shall cause notices to be mailed by certified mail to the owner(s) of the property on which the nuisance exists as his or her name is disclosed by the latest adopted publicly available equalized assessment roll of the county.

B. The written notice shall be mailed by certified mail to the owner(s) of the property as shown on the last equalized assessment roll at least five days prior to the time set for hearing of objections.

(Prior code §§ 7935.03, 7935.06)

A. The heading of the notice shall be "Notice to Drain Unattended Swimming Pool."

B. The notice shall be substantially in the following form:

(Prior code §§ 7935.04, 7935.05)

At the time stated in the notice, the city council shall hear and consider all objections to the proposed draining of the unattended, undrained swimming pool. It may continue the hearing from time to time.

(Prior code § 7935.07)

By motion or resolution at the conclusion of the hearing, the city council shall allow or overrule any objections. At that time the city council acquires jurisdiction to proceed and perform the work of draining any unattended, undrained swimming pool.

(Prior code § 7935.08)

The decision of the city council is final.

(Prior code § 7935.09)

If objections have not been made, or after the city council has disposed of those made, it shall order the fire chief to abate the nuisance by having the undrained, unattended swimming pool drained. The order shall be made by motion or resolution.

(Prior code § 7935.10)

The fire chief may enter upon private property to abate the nuisance.

(Prior code § 7935.11)

Before the fire chief arrives, any property owner may drain the undrained, unattended swimming pool at his or her own expense.

(Prior code § 7935.12)

The fire chief shall keep an account of the cost of abatement on each separate parcel of land where the work is done by him. He shall submit to the city council for confirmation an itemized, written report showing such cost.

(Prior code § 7935.13)

A copy of the report shall be posted for at least three days prior to its submission to the city council on or near the chamber door of the city council, with a notice of the time of submission.

(Prior code § 7935.14)

At the time set for receiving and considering the report, the city council shall hear with it any objections of the property owner liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The city council shall then confirm the report by motion or resolution and its decision shall be final.

(Prior code § 7935.15)

The cost of abatement upon each parcel of land constitutes a special assessment against that parcel. After the assessment is made and confirmed, it is a lien on the parcel. Such lien attaches upon recordation in the office of the county recorder of a certified copy of the resolution of confirmation.

(Prior code § 7935.16)

After confirmation of the report, a copy shall be given to the assessor and tax collector of the county, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.

(Prior code § 7935.17)

A. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes.

B. As an alternative method, the county tax collector may collect the assessments without reference to the general taxes by issuing separate bills and receipt for the assessments.

(Prior code §§ 7935.18, 7935.19)

The fire chief may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until ten days before a copy is given to the assessor and tax collector.

(Prior code § 7935.20)

If the city council finds that property damage was caused by the negligence of an employee of the city in connection with the abatement of a nuisance pursuant to this chapter, a claim for such damage may be paid from the general fund of the city.

(Prior code § 7935.21)