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HomeMy Public PortalAbout14) 8B_Ordinance 20-1049 Pool Maintenance for the Reduction of Mosquito Breeding_Staff ReportAGENDA ITEM 8B COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: October 20, 2020 TO: The Honorable City Council FROM: Bryan Cook, City Manager Via: Scott Reimers, Interim Community Development Director By: Andrew J. Coyne, Management Analyst SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 20-1049, (POOL MAINTENANCE FOR THE REDUCTION OF MOSQUITO BREEDING) RECOMMENDATION: The City Council is requested to: 1. Introduce for first reading by title only and waive further reading of Ordinance No. 20- 1049 (Attachment “A”), Pool Maintenance for Vector Control; and 2. Schedule the second reading of Ordinance No. 20-1049 for November 4, 2020. BACKGROUND: 1. At the July 2019 San Gabriel Valley Mosquito and Vector Control District (SGVMVCD) Public Works Technical Advisory Committee meeting, the committee voted to recommend that a unified, cohesive, and collaborative regionwide ordinance for the maintenance of swimming pools be adopted by cities throughout the region. 2. At the September 2019, San Gabriel Valley Council of Governments (SGVCOG) City Managers’ Steering Committee meeting, the committee discussed the public health risks of unmaintained swimming pools and requested that the SGVCOG Governing Board urge cities to adopt a regionwide swimming pool ordinance. 3. On October 24, 2019, the SGVCOG Governing Board voted to Adopt Resolution 19- 46 to encourage cities to adopt a regionwide swimming pool ordinance. City Council October 20, 2020 Page 2 of 3 ANALYSIS: The prevalence of mosquitos poses a great health risk to the community. They are known to spread dangerous diseases such as the West Nile and Zika viruses. The primary source for mosquito population growth is stagnant water, which the mosquitos need to lay their eggs. As one of the most common sources of stagnant water in urbanized communities are swimming pools, it is an important duty of public agencies to ensure that swimming pools are properly maintained. Since the City’s incorporation in 1960, the Municipal Code has required that residents maintain their swimming pools so as not to cause a public health hazard. More recently, the public nuisance section of the code has clearly defined stagnant water and unmaintained swimming pools as a public nuisance. It is the job of the City’s Community Preservation Division, in conjunction with SGVMVCD, to ensure that swimming pools are being maintained and not harboring mosquitos. In a typical year, the City receives less than 6 complaints regarding unmaintained swimming pools. The proposed ordinance represents a region-wide effort to ensure that all the municipalities within the wider San Gabriel Valley have the same requirements and enforcement procedures related to maintenance of swimming pools. To summarize, the ordinance consists of the following primary sections: • Definitions • Authorization of City Manager or his/her designee to enforce the provisions • Inspection procedures • Pool maintenance standards • Penalty provisions • Abatement While the proposed Ordinance does not represent a substantial change from the City’s current regulations and enforcement practices, it brings all of the requirements for pool maintenance into a single section and ensures that the language in Temple City’s code is the same as our neighboring jurisdictions, making it easier for SGVMVCD to do their job. Staff is recommending adoption of the template ordinance prepared by the SGVMVCD and approved by the SGVCOG. The only change staff is proposing to the template is the fine schedule for violations. The template, as provided by the SGVCOG, shows a fine schedule of $500 for the first offence, $1,000 for the second offence, and $1,500 for the third offence. In contrast with that, Temple City’s administrative citation schedule for violations of the municipal code is as follows: • $100, first offence • $200, second offence • $500, third offence City Council October 20, 2020 Page 3 of 3 Staff recommends keeping the existing fine schedule for all violations of the code, rather than having a separate one just for vector control. Having two separate schedules for code enforcement violations would create inconsistency and confusion in the application of the code. With that minor change, staff can recommend approval of this ordinance. CITY STRATEGIC GOALS: Adopting the proposed ordinance would further the City Strategic Goals of Public Health and Safety and Quality of Life. FISCAL IMPACT : The proposed ordinance would have no impact on the Fiscal Year 20-21 City Budget. ATTACHMENT: A. Ordinance No. 20-1049 Page 1 of 5 ORDINANCE NO. 20-1049 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING TITLE 4 (LAW ENFORCEMENT), CHAPTER 2 (NUISANCES) OF THE TEMPLE CITY MUNICIPAL CODE TO ADD A NEW SECTION J (POOL MAINTENANCE FOR THE REDUCTION OF MOSQUITO BREEDING). WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, California Government Code Section 38771 provides that legislative bodies of Cities may declare what constitutes a nuisance; and WHEREAS, the Temple City Municipal Code in Sections 3-2A-5, 4-2C-2, and 4-2I-5, declares that unmaintained swimming pools and stagnant water are a public nuisance. THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY FINDS: 1.Stagnant sources of water create breeding grounds for mosquitoes, which can transmit the causative agents of human diseases; and 2.Inadequately maintained swimming pools are a significant source of stagnant or standing bodies of water within the city; and 3.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; and 4.It is further the purpose and intent of this chapter to establish administrative procedures to cause the swift abatement of inadequately maintained swimming pools.; and THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 4-2J-0 of the Temple City Municipal Code is hereby established to read as follows: 4-2J-0 DEFINITIONS The following definitions shall govern construction of this Article unless the context clearly requires otherwise: CITY: The City of Temple City. CODE: The Temple City Municipal Code, and laws incorporated therein by reference, as well as any adopted and uncodified ordinances. CITY MANAGER: The Temple City Manager and/or his or her authorized designee(s). OWNER: 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, ATTACHMENT A Page 2 of 5 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: Any swim ming pool, whether above-ground or in-ground. For purposes of this chapter, "pool" also includes any above-ground or in-ground hot tub or spa, ornamental pond, fountain, bird bath, or any other man-made structure or fixture capable of collecting water. PROPERTY or PREMISES: Any privately-owned real property in the city on which a pool, as defined in this chapter, is present. RESPONSIBLE PERSON: 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. SECTION 2. Section 4-2J-1 of the Temple City Municipal Code is hereby established to read as follows: 4-2J-1 Enforcement; Administration. 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. C. The city manager is authorized to promulgate rules, regulations, policies and procedures to implement the provisions of this chapter, including, but not limited to, administrative policies and procedures for the city's use, independently and/or in conjunction consultation with the San Gabriel Valley Mosquito and Vector Control District, to investigate, identify and abate pools that are not maintained in compliance with the provisions of this section. SECTION 3. Section 4-2J-2 of the Temple City Municipal Code is hereby established to read as follows: 4-2J-2 Inspections; right of entry. 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 Page 3 of 5 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. SECTION 5. Section 4-2J-3 of the Temple City Municipal Code is hereby established to read as follows: Section 4-2J-3 - Pool maintenance required; maintenance standards; owners' responsibility. 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. 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. SECTION 6. Section 4-2J-4 of the Temple City Municipal Code is hereby established to read as follows: Section 4-2J-4 - Violation; public nuisance; penalty. 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. Page 4 of 5 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 section is subject to the penalty provisions set forth in Section 4-2J-6. SECTION 7. Section 4-2J-5 of the Temple City Municipal Code is hereby established to read as follows: Section 4-2J-5 - Abatement; emergency abatement of an imminently hazardous unmaintained pool. A. The city manager may cause an unmaintained pool to be abated, in accordance with the procedures set forth in Section 4-2C-10 through 4-2C- 16. B. The city manager may utilize the procedures set forth in Section 4-2C-17 for the 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. SECTION 8. Section 4-2J-6 of the Temple City Municipal Code is hereby established to read as follows: Section 4-2J-6 - Administrative citations. 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 Section 1-4-4. B. Notwithstanding any other provisions in this code, the penalty amount of an administrative citation issued for a violation of this section shall be assessed as follows: 1. For the first administrative citation, the penalty shall be one hundred dollars ($100.00). 2. For the second administrative citation, the penalty shall be two hundred dollars ($200). 3. For the third administrative citation, the penalty shall be five hundred dollars (500.00). SECTION 9. Section 4-2J-7 of the Temple City Municipal Code is hereby established to read as follows: Section 4-2J-7 - Remedies not exclusive. Any administrative citation pursuant to this section 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 Page 5 of 5 criminal action may be brought concurrently with any other process regarding the same violation. SECTION 10. Section 4-2J-8 of the Temple City Municipal Code is hereby established to read as follows: Section 4-2J-8 - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this section is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this section. The city council declares that it would have adopted this section, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted as required by law. PASSED, APPROVED, AND ADOPTED this ___ day of ______, 2020. ________________________ Tom Chavez, Mayor ATTEST: APPROVED AS TO FORM: ________________________ _______________________ Peggy Kuo, City Clerk Greg Murphy, City Attorney