Sec. 7-23. - Swimming pool safety.

Title 26 of the Los Angeles County Code is hereby amended to add Section 3109.3 to read as follows:

Section 3109.3 SWIMMING POOLS, EMPTYING UPON ABANDONMENT OR VACATION OF PREMISES.

1.

No person in possession or control of any swimming pool on any land within the city as either owner, lessee, tenant, purchaser under contract, trustee, mortgagee or beneficiary of the land upon which such swimming pool is located shall abandon or vacate the premises upon which such swimming pool is located or is accessory or appurtenant, or cause or permit the same to be abandoned or vacated, without first having either:

a.

Emptied all water from such swimming pool and left the same empty; or

b.

Completely covered said swimming pool with a safe and adequate pool cover or other protective device, approved in writing by the building official as sufficient to protect persons, especially children, from falling

into such pool.

2.

No owner of any swimming pool on any land within the city, upon learning that the premises upon which such swimming pool is located or is accessory or appurtenant having been abandoned or vacated by the person in possession or control of such swimming pool, shall fail, within forty-eight (48) hours after so learning or so being advised by the building official, to either:

a.

Empty all water from said swimming pool and leave the same empty until said premises are again occupied by a person in possession and control of such swimming pool; or

b.

Completely cover said swimming pool with a safe and adequate pool cover or other protective device approved in writing by the building official, as aforesaid, and keep said pool so covered until said premises are again occupied by a person in possession and control of such swimming pool.

3.

"Abandon" and "abandoned," as used in this section, shall mean the leaving of premises without actual, apparent and manifest intention to return thereto within a reasonable and foreseeable time unless definite provision has been made in writing prior to leaving the premises to have them actually occupied within thirty (30) days of such leaving by some other person who will be in possession and control of such swimming pool.

4.

"Vacate" and "vacated," as used in this section shall mean the leaving of premises without the bona fide intent to return and actually returning to said premises within a period of thirty (30) days or less (or such additional period not exceeding an aggregate of sixty (60) days from date of leaving as may be granted by the building official for good cause, such as extended vacation, emergency, etc.) unless during said period of absence some other person actually occupies said premises and is in possession and control of such swimming pool.

5.

Every person who violates or fails to comply with any of the terms, provisions or requirements of this section shall thereby have agreed and consented and conclusively be deemed to have agreed and consented:

a.

That the city may enter upon the premises and empty all water from such swimming pool or cause the same to be done; and

To reimburse the city on demand for the actual cost of emptying such pool or causing the same to be done, and that the city may collect the same from any such person by civil action or any other lawful means selected by or available to the city, including, where applicable, the means provided by Title 5, Division 1, Part 1, Chapter 1, Article 9 (beginning at Section 50230) of the Government Code of the State of California.

(Ord. No. 2508, § 3, 12-6-22)