HomeMy Public PortalAbout05_7B_Ordinance 20-1049 Staff Report_2nd Reading_Pool MaintenanceCOMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: November 17, 2020
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
Via: Scott Reimers, Community Development Director
By: Andrew J. Coyne, Management Analyst
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 20-1049,
POOL MAINTENANCE FOR THE REDUCTION OF MOSQUITO
BREEDING
RECOMMENDATION:
The City Council is requested to waive further reading and adopt Ordinance No. 20-1049
(Attachment “A”), Pool Maintenance for Vector Control.
BACKGROUND:
On November 4, 2020, the City Council held a public hearing and introduced Ordinance
No. 20-1049 and set the second reading and adoption for the November 17, 2020 City
Council Meeting.
ANALYSIS:
The City Council reviewed this item on November 4, 2020 and introduced the proposed
ordinance. There were no comments by the public and no subsequent changes to the
ordinance were made. Therefore, the City Council is requested to adopt Ordinance No.
20-1049. The original staff report from November 4, 2020 is attached to this report.
CITY STRATEGIC GOALS:
Adopting the proposed ordinance would further the City Strategic Goals of Public Health
and Safety and Quality of Life.
AGENDA
ITEM 7.B.
City Council
November 17, 2020
Page 2 of 2
FISCAL IMPACT :
The proposed ordinance would have no impact on the Fiscal Year 2020-21 City Budget.
ATTACHMENT:
A. Ordinance No. 20-1049
B. November 4, 2020 City Council Meeting Staff Report
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 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 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
Ordinance No. 20-1049
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 swimming 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 will 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 will 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 the premises a pool that is not maintained in compliance with the
Ordinance No. 20-1049
Page 3 of 5
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 must, 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 must 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 must 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 will have
the right to immediately enter and inspect the premises, and may use
any reasonable means required to effectuate the entry and inspection.
SECTION 4. 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, must regularly and continuously maintain
a pool in one of the following manners:
1. The pool must be filtered and treated so the water remains clear and
circulating, and
2. The pool must always be fully drained and kept dry.
B. Any pool that is not maintained in conformance with subsection A. will 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 will be deemed responsible for the
regular and continuous maintenance of his or her pool in accordance with
subsection A.
SECTION 5. 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.
Ordinance No. 20-1049
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 6. 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 includes, but is not limited to, the presence
of mosquitoes, mosquito larvae, bacterial growth or algae, or water which is
unclear, murky, clouded, green or discolored.
SECTION 7. 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 must 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 must be assessed
as follows:
1. For the first administrative citation, the penalty will be one hundred
dollars ($100).
2. For the second administrative citation, the penalty will be two hundred
dollars ($200).
3. For the third administrative citation, the penalty will be five hundred
dollars ($500).
SECTION 8. 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 criminal
action may be brought concurrently with any other process regarding the same
violation.
Ordinance No. 20-1049
Page 5 of 5
SECTION 9. 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 will 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 10. This Ordinance will take effect thirty (30) days after its adoption. The City Clerk, or
her duly appointed deputy, attests to the adoption of this Ordinance and will post this Ordinance to
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
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance
No. 20-1049 was introduced at the regular meeting of the City Council of the City of Temple City held
on the 4th day of November 2020, its second reading on the 17th day of November 2020, and was
duly passed, approved and adopted by said Council at the regular meeting held on the 17th day of
November 2020 by the following vote:
AYES: Councilmember –
NOES: Councilmember –
ABSENT: Councilmember –
ABSTAIN: Councilmember –
________________________
Peggy Kuo, City Clerk
ATTACHMENT B
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: November 4, 2020
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
Via: Scott Reimers, 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 17, 2020.
BACKGROUND:
1.At the July 2019 San Gabriel Valley San Gabriel Valley Mosquito and Vector Control
District (District) Public Works Technical Advisory Committee meeting, the committee
voted to recommend that a unified, cohesive, and collaborative region wide 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 region wide swimming pool ordinance.
3.On October 24, 2019, the SGVCOG Governing Board voted to Adopt Resolution 19-
46 to encourage cities to adopt a region wide swimming pool ordinance.
4.On October 20, 2020, the City Council reviewed the staff report and ordinance and
asked staff to return with more information regarding the citation amounts in the
City Council
November 4, 2020
Page 2 of 3
ordinance drafted by the District and with more information about the District’s citation
authority and process.
ANALYSIS:
The District’s effort to have local agencies adopt their proposed draft ordinance stems
from the fact that the District only has abatement authority and not citation authority.
Abatement authority is the power of an agency to physically cause an issue to be stopped,
in this case that might mean the draining of a swimming pool. Abating an unmaintained
swimming pool is a costly process that takes approximately three months and requires
significant staff time. The District is seeking to partner with the City to use the City’s
citation authority to reduce the time it takes to gain compliance.
The proposed process would have the City and the District partner together, relying on
each other’s strengths. The District will continue to investigate the location of
unmaintained swimming pools. If compliance cannot be gained in a timely fashion by the
District, their staff will reach out to our Community Preservation staff for assistance. Given
the public health risk, our staff would leave a Code Compliance Notice (CCN) and a
Request for an Inspection. The CCN would include a note that this is the last and final
notice and that if compliance is not achieved within 72 hours the property owner will
receive a citation. If the issue is not abated in the time specified, additional citations will
be issued. If access cannot be gained to the property, the District will take the lead on
obtaining a warrant.
Table 1 demonstrates the difference between the District’s proposed citation amounts,
the City’s existing citation amounts for public nuisances, and a possible Hybrid Approach.
Table 1: Comparison of Citation Amounts
SGVMVCD’s
Proposal
Existing Citations
Amounts Hybrid Approach
First citation $500 $100 $100
Second citation $1,000 $300 $500
Third citation $1,500 $500 $1,000
Staff has met with the District Manager of the District, Jared Dever. Mr. Dever stated that
the District would be generally supportive of any citation program that the City Council
deemed to be effective. Staff recommends using the citation amounts found in the
existing fee and fine schedule. The existing public nuisance citation amounts have been
effective in the past and will likely prove effective in the future. In all Code enforcement
cases, the existing citation schedule generally captures the attention of the property
owner and results in quick compliance. This year the City has opened 873 cases, of
which only 10 cases or 1.15 percent required the issuance of a citation. Also, in 80
percent of the cases where a first citation was issued, a second citation was not
necessary. The City has not issued a third citation to date. It is important to note that
staff has the ability in the existing code to continue writing citations every day that a
City Council
November 4, 2020
Page 3 of 3
violation exists. If an issue is not corrected after the third citation, staff can issue a citation
for $500 every day until the issue is corrected.
Adopting fines greater than $1,000 requires the City to classify the violation as a
misdemeanor rather than as an infraction. To do adopt these higher fines, additional
recitals are required demonstrating that the issue is an immediate threat to health and
safety. Additionally, the Ordinance will need to be adjusted to make the appeal rights
clear. If the City Council desires to adopt the citation amounts in the District’s draft
Ordinance, staff will return with a modified Ordinance for first reading on November 18
that includes the necessary legal findings necessary to adopt a citation amount greater
than $1,000 along with a resolution modifying the City’s Fee and Fine Schedule.
If the City Council desires to have a higher citation amount than the existing fee and fine
schedule allows, staff has developed a “Hybrid Approach” found in Table 1. This hybrid
approach starts with the lower fine to get the violator’s attention, provides a higher second
citation amount of $500, and doubles the existing third citation amount from $500 to
$1,000. If the City Council desires to adopt such an approach, staff will bring a resolution
modifying the City’s Fee and Fine Schedule at second reading of the 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 2020-21 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 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,
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 will 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 will 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 must, 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 must 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 must 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 will
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, must regularly and continuously maintain
a pool in one of the following manners:
1.The pool must be filtered and treated so the water remains clear and
circulating, and
2.The pool must always be fully drained and kept dry.
B.Any pool that is not maintained in conformance with subsection A. will 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 will 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 includes, but is not 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 must 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 must be assessed
as follows:
1.For the first administrative citation, the penalty will be one hundred
dollars ($100).
2.For the second administrative citation, the penalty will be two hundred
dollars ($200).
3.For the third administrative citation, the penalty will be five hundred
dollars ($500).
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 will 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 will take effect thirty (30) days after its adoption. The City Clerk, or
her duly appointed deputy, attests to the adoption of this Ordinance and will post this Ordinance to
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