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.
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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
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