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Ordinance - 978ORDINANCE NO. 978 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE REQUIRING THE EMPTYING OF SWIMMING POOLS UPON THE ABANDONMENT OR VACATION OF THE PREMISES UPON WHICH SUCH POOLS ARE LOCATED OR APPURTENANT. The City Council of the City of West Covina does ordain as follows: SECTION 1. The West Covina Municipal Code is hereby amended by the addition thereto of a new Section 8118.1 reading as follows: 1181l8.1. SWIMMING POOLS. EMPTYING UPON ABANDONMENT OR VACATION OF PREMISES. (a) 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 swim- ming pool is located or is accessory or appurtenant, or cause or permit the same to be abandoned or vacated, without first having either: • (1) Emptied all water from such swimming pool and left the same empty, or (2) Completely covered said swimming pool with a safe and adequate pool cover or other protective device approved in writing by the Building Inspector as sufficient to protect persons, especially children, from falling into such pool. (b) 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 have been abandoned or vacated by the person in possession or control of such swimming pool, shall fail, within 48 hours after so learning or so being advised by the Building Inspector, to either: (1) 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 swim- ming pool, or • (2) Completely cover said swimming pool with a safe and adequate pool cover or other protective device approved in writing by the Building Inspector, as aforesaid, and keep said pool so covered until said premises are again occupied by a person in possession and control of such swim- ming pool. (c) "Abandon" and "abandoned", as used in this section, shall mean the leaving of premises without an actual, apparent and manifest intention to return thereto within a rea- sonable and foreseeable time unless definite provision has been made in writing prior to leaving the premises to have them actually occupied within 30 days of such leaving by some other person who will be in possession and control of such swimming pool. (d) "Vacate" and "vacated", as used in this. sec- tion shall mean the leaving of premises with- out the bonafide intent to return and actually returning to said premises within a period of 30 days or lessor such additional period not exceeding an aggregate of 60 days from date of leaving as may be granted by the Building . Inspector for good cause, such as extended vaca- tion, 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. (e) 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: . 1. That the City may enter upon the premises and empty all water from such swimming pool or cause the same to be done, and 2. 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, includ- ing, 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. SECTION 2. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law.. Passed and approved this 26th day of September, 1966. • STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF WEST COVINA I. ROBERT FLOTTEN, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 978 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 12th day of September . 1966. -2- That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 26th day of Septem- ber , 1966, by the following vote, to wit: AYES: Councilmen: Gillum, Nichols, Snyder, Gleckman, Mayor Krieger NOES: Councilmen: None ABSENT: Councilmen: None City C1er -3-