South Pasadena Municipal Code Art. IX Pool Maintenance

This chapter shall be known as the “City of South Pasadena Pool Maintenance Ordinance.” (Ord. No. 2347, § 2, 2020.)

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. (Ord. No. 2347, § 2, 2020.)

“City” means the city of South Pasadena.

“Code” means the South Pasadena Municipal Code, and laws incorporated therein by reference, as well as any adopted and uncodified ordinances.

“City manager” means the South Pasadena 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,” for purposes of this chapter, 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 aboveground or in-ground hot tub or spa, ornamental pond, fountain, bird bath, or any other manmade 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. (Ord. No. 2347, § 2, 2020.)

(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. (Ord. No. 2347, § 2, 2020.)

(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. (Ord. No. 2347, § 2, 2020.)

• (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) of this section 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) of this section. (Ord. No. 2347, § 2, 2020.)

(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 violating the provisions of this chapter is subject to the penalty provisions set forth in Chapter 24 SPMC. (Ord. No. 2347, § 2, 2020.)

(a) The city manager may cause an unmaintained pool to be abated, in accordance with the procedures set forth in this article.

(b) The city manager may seek emergency abatement of an unmaintained pool if it is determined that the pool creates an imminent hazard to public health, safety or welfare. 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. (Ord. No. 2347, § 2, 2020.)

(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 1A SPMC. (Ord. No. 2347, § 2, 2020.)

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 unmaintained 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. (Ord. No. 2347, § 2, 2020.)

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. (Ord. No. 2347, § 2, 2020.)