§ 6-71. Abandoned or unused swimming pools.
(a)
An abandoned or unused swimming pool is defined as any swimming pool or impoundment which has for a period of three consecutive years been inoperative; has not been filled with filtered water; which, although filled with water has not been maintained in a safe and sanitary manner by virtue of the water not being filtered, strained or otherwise purified.
(b)
It shall be the duty of the city manager or his designee to report to the city council as to any unused or abandoned swimming pool within the corporate limits of the city. Such official shall also cause a notice to be issued to the property owner and/or person in control of the premises upon which the abandoned swimming pool is located, which notice shall provide that a hearing will be held before the city council to determine if, in fact, such pool is abandoned as defined in subsection (a) of this section.
(c)
After a public hearing, as described in subsection (b) of this section, it shall be lawful for the city council to direct that the property owner or other person in control of the premises upon which an abandoned swimming pool is located take remedial action, either to fill and close the abandoned swimming pool or to bring it into compliance with applicable current standards, including necessary fencing, provision of filtration system and other sanitary measures. If the property owner or other person in control of such premises fails to remedy the situation within 90 days from the date of the hearing and order, the city may take appropriate action to cause the correction of the abandoned swimming pool, with the cost thereof being filed as a lien against the property in the manner of taxes against the property.
(d)
It shall further be a violation of this section, punishable in accordance with section 1-6, for any property owner or other person in control of the premises upon which an abandoned swimming pool is located to fail or refuse to remedy such pool upon notice and hearing.
(Code 1952, ch. J, art. XIII, §§ 1, 2)