Chapter 9.50
SWIMMING POOLS
Sections:
9.50.010 Wall or fence to enclose pool—Required—Dimensions.
9.50.020 Gates to be self-closing and self-latching.
9.50.030 Applicability of chapter to existing pools.
9.50.040 Conformity with building and zoning regulations.
9.50.050 Enforcement of chapter.
9.50.060 Deviations from provisions of chapter.
9.50.080 Penalty for violation.
9.50.090 Swimming pool defined.
9.50.100 Responsibilities of owners and operators of swimming pools.
9.50.110 Nuisance abatement purpose and procedures—Generally.
9.50.120 Inspection and abatement procedures.
9.50.130 Hearing before city council regarding cost of abatement.
9.50.140 Cost of abatement to constitute special assessment.
9.50.150 Transmittal to county tax assessor and collector.
9.50.160 Voluntary payment of abatement costs.
9.50.170 Civil remedies—Other remedies permitted.
9.50.010 Wall or fence to enclose pool—Required—Dimensions.
Every person, firm or corporation in possession of land within the city of South Gate, California, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool or outside body of water having a depth of over eighteen inches, shall maintain a protective wall or enclosure around said pool or outside body of water. Said wall or enclosure shall enclose the pool itself or the entire premises. Said wall or enclosure shall be not less than five feet in height, with no opening therein greater than six inches in any dimension, except for doors or gates, provided, however, that no such wall or enclosure shall be erected that affords ladderlike access.
Exception. Hotels—Motels. A chain link type fence may be used as a protective barrier for a swimming pool or outside body of water on the same premises with a motel and/or hotel and where it reasonably appears that the swimming pool and/or outside body of water would normally be under observation by a responsible person.
(Ord. 974 § 1, 1965: Ord. 852 § 1, 1961)
9.50.020 Gates to be self-closing and self-latching.
All gates or doors opening through such walls or enclosures shall be equipped with self-closing and self-latching devices designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use, provided, however, that the door of any dwelling that is forming any part of the enclosure hereinabove required need not be so equipped. Latching devices shall be located not less than four feet above the ground. Gates shall be kept closed or attended at all times.
(Ord. 974 § 2, 1965: Ord. 852 § 1, 1961)
9.50.030 Applicability of chapter to existing pools.
All requirements of this chapter shall apply to existing swimming pools and outside bodies of water. Compliance shall be made within six months from the effective date of this chapter.
(Ord. 852 § 1, 1961)
9.50.040 Conformity with building and zoning regulations.
(1) Any fence or wall erected for the purpose of complying with this chapter shall conform to all zoning regulations of the city of South Gate, provided, further that no swimming pool shall be constructed where protective fencing required by this chapter will be in conflict with said zoning regulations.
(2) All plans for construction of swimming pools shall show compliance with the requirements of this chapter.
(3) No water shall be placed in said pool, and final inspection and approval shall be withheld, until all requirements of this chapter have been complied with.
(Ord. 852 § 1, 1961)
9.50.050 Enforcement of chapter.
It shall be the duty of the director of building inspections to enforce the provisions of this chapter.
(Ord. 852 § 1, 1961)
9.50.060 Deviations from provisions of chapter.
When practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this chapter occur by reason of strict interpretations of any of its provisions, the planning commission, sitting as the board of appeals, shall have authority as an administrative act, subject to the provisions contained herein, to grant upon conditions as it may determine, such deviation from the provisions of this chapter as may be in harmony with its general purpose and intent, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. All such appeal shall be subject to the rules, regulations and procedures of the board of appeals, as specified in and created by Section 204 of the South Gate building code. The board of appeals, upon its own motion, may, or upon the verified application of any interested person, shall initiate proceeding for consideration of a deviation as set forth hereinabove.
(Ord. 974 § 3, 1965: Ord. 852 § 1, 1961)
9.50.070 Severability.
If any section, subsection, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter, it being hereby expressly declared that this chapter and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
(Ord. 852 § 2, 1961)
9.50.080 Penalty for violation.
Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed one thousand dollars, by imprisonment for a period not exceeding six months or by both such fine and imprisonment in the discretion of the court.
(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 852 § 3, 1961)
9.50.090 Swimming pool defined.
For the purposes of Sections 9.50.100 through 9.50.170, "swimming pool" is 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 for any form of water recreation, therapy, or sport. "Swimming pool" includes any swimming pool which is abandoned and/or not in service.
(Ord. 2005 § 1 (part), 6-11-96)
9.50.100 Responsibilities of owners and operators of swimming pools.
All owners of property containing a swimming pool, and all operators of a swimming pool, shall at all times properly maintain and operate the swimming pool in a manner which prevents the swimming pool from becoming a breeding place for mosquitos. Any swimming pool which is abandoned and not in service shall be emptied and kept dry and/or shall be filled with clean soil compacted in accordance with the administrative authority.
(Ord. 2005 § 1 (part), 6-11-96)
9.50.110 Nuisance abatement purpose and procedures—Generally.
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 of mosquitos. This procedure is in addition to any other procedure that is authorized for such abatement. 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.
(Ord. 2005 § 1 (part), 6-11-96)
9.50.120 Inspection and abatement procedures.
(a) Pursuant to the authority vested in the legislative body of the city of South Gate pursuant to Government Code Sections 38771 and 38773, if, upon inspection the director of building and safety or a duly authorized representative of the director of building and safety ascertains the presence of a swimming pool that is providing a breeding place for mosquitos, the officer or his or her representative may declare the swimming pool to constitute a public nuisance which may be abated as such in accordance with the provisions of Sections 9.50.120(b) and Sections 9.50.130 through 9.50.170.
(b) Abatement Procedure.
(1) Notice of Mosquito Breeding. Upon the determination by the director of building and safety or his designee that a swimming pool is a breeding place for mosquitos, the director of building and safety shall serve upon the property owner of record written notice setting forth the commonly known street address and describing the offensive condition, which notice shall be substantially in the following form:
NOTICE TO PROPERTY OWNER TO ABATE A PUBLIC NUISANCE
NOTICE IS HEREBY GIVEN that the Director of Building and Safety has determined that public nuisance exists upon property located at ____________________, within the City of South Gate which public nuisance is as follows:
____________________________________
______________________________________
This condition is a violation of Section 9.50.100 of the South Gate Municipal Code and must be abated within twenty-five days from the date of the notice. Otherwise the public nuisance will be abated by the City and the cost of abatement shall be assessed upon the land upon which the nuisance is located and will constitute a lien upon such land until paid.
All property owners having any objections to this order of abatement of nuisance are hereby notified to attend a hearing before the City Council of the City of South Gate to be held on (give date) at p.m. in the Council Chambers in the City Hall of South Gate, 8650 California Avenue, South Gate, California 90280, when their objections will be heard and given due consideration.
Dated this ___ day of _________, 20____.
______________________________
Signature
Director of Building and Safety ,
City of South Gate
(2) Service of Notice. The notice of abatement of public nuisance shall be served upon the property owner of record, tenant, occupant and all other persons responsible for the maintenance of said nuisance by mailing the notice to the property owner of record on the last equalized assessment roll, by certified mail, and by posting a copy of the notice in a conspicuous place on the property.
(3) At the time stated in the notices, the city council shall hold a hearing and consider all competent evidence offered by any person pertaining to the matters set forth in the report of the director of building and safety. The city council shall, at the conclusion of the hearing, allow or overrule any objections as the council deems appropriate to comply with the intent of this section.
(4) Order of Abatement. If objections have not been made, or if they have been overruled, the director of building and safety shall abate, or cause to have abated the public nuisance described in the notice. The order shall be in writing and a copy thereof shall be served upon the property owner in the same manner as provided hereinabove in subsection (b)(2) of this section. The director of building and safety may, in his or her discretion, permit the property owner a period of time within which to abate the nuisance at the owner’s own expense. The director of building and safety or his designee may enter upon private property to abate the nuisance.
(5) Report of Costs. If abatement is undertaken pursuant to subsection (b)(4) of this section, the director of building and safety or his designee shall keep an account of the costs of abatement on each parcel of land where the abatement work is performed by him or her or the designate. He or she shall submit to the city council for confirmation an itemized report showing such costs. A copy of such report shall be served by certified mail upon the owner of record contained in a notice substantially in the following form:
NOTICE OF COST ABATEMENT
NOTICE IS HEREBY GIVEN that pursuant to the order of abatement issued by the Director of Building and Safety or his designee and heretofore served upon you, work was performed with regard to the abatement of the public nuisance existing on your property which public nuisance is described as follows:
___________________________________
____________________________________
Said public nuisance was abated by the City of South Gate and the expense of same is $ ____, as shown in the attached written report, which report is incorporated herein by reference.
This report of costs shall be submitted to the City Council of the City of South Gate at their public meeting on _________, 20__ , in the Council Chambers in the City Hall of South Gate, 8650 California Avenue, South Gate, California, at the hour of p.m. You shall have the opportunity to present any objections to this Statement of Costs at that time.
NOTICE IS FURTHER GIVEN that upon confirmation of this report of costs by the City Council of the City of South Gate, such costs shall constitute a special assessment against your parcel. After the assessment is made and confirmed, it is a lien upon the parcel. A copy of the report shall be transmitted to the Los Angeles County Tax Assessor and Collector, and pursuant to provisions provided for by law, the amount will be added to the next regular tax bill levied against the parcel for municipal purposes.
All property owners having any objections to the proposed Report of costs are hereby notified to attend the meeting aforementioned, when their objections will be heard and given due consideration.
Dated this ___ day of _________, 20____.
______________________________
Signature
Director of Building and Safety ,
City of South Gate
(Ord. 2005 § 1 (part), 6-11-96)
9.50.130 Hearing before city council regarding cost of abatement.
At the time fixed for receiving and considering the report, the city council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The city council shall then confirm or deny the report, as modified by motion or resolution.
(Ord. 2005 § 1 (part), 6-11-96)
9.50.140 Cost of abatement to constitute special assessment.
The cost of abatement upon each parcel of land constitutes a special assessment against that parcel. After the assessment is confirmed by the city council, it is a lien upon that parcel pursuant to the provisions of Government Code Sections 38773 and 38773.5.
(Ord. 2005 § 1 (part), 6-11-96)
9.50.150 Transmittal to county tax assessor and collector.
The city clerk shall transmit a certified copy of the report confirmed by the city council to the county tax assessor and collector for filing with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor’s map books for the current year. The county auditor shall enter each assessment on the county tax roll opposite the parcel of land, and the amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes, and shall be subject to the same penalties and the same procedure of sale in case of delinquency as provided for municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.
(Ord. 2005 § 1 (part), 6-11-96)
9.50.160 Voluntary payment of abatement costs.
The city treasurer may receive the amount due on the abatement costs and issue receipts at any time after the confirmation of the report until August 1st following the confirmation report.
(Ord. 2005 § 1 (part), 6-11-96)
9.50.170 Civil remedies—Other remedies permitted.
The aforementioned civil and criminal remedies for the abatement of a public nuisance are not exclusive of any other remedies permitted by law including a civil action for injunction which may be maintained by the city or by any private person as permitted by law.
(Ord. 2005 § 1 (part), 6-11-96)