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ORD 2007-16TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2007 -16 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS, BY REPEALING ARTICLE XV, ENTITLED "SWIMMING POOLS" OF CHAPTER 3 OF THE CODE OF ORDINANCES, ENTITLED "BUILDINGS AND CONSTRUCTION', AND ADOPTING A NEW ARTICLE XV, ENTITLED "SWIMMING POOLS" OF CHAPTER 3 OF THE CODE OF ORDINANCES; PROVIDING "DEFINITIONS"; PROVIDING APPLICABILITY AND PROHIBITED CONDUCT; PROVIDING NEW PROVISIONS FOR SWIMMING POOLS; ADOPTING PROVISIONS TO PROVIDE FOR NOTICE OF VIOLATION; BY ADOPTING PROVISIONS TO PROVIDE FOR ABATEMENT; PROVIDING FOR THE INCORPORATION OF PREMISES; BY PROVIDING AN APPEALS SECTION; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as "Town") is a Home Rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, on June 20, 2005, the Town Council adopted Ordinance No.2005-15, establishing "Swimming Pool Regulations' for the Town of Trophy Club, Texas; and WHEREAS, Town staff has recommended an update to Ordinance No. 2005-15 which is codified in Article XV entitled "Swimming Pools" of Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" in order to be consistent with current law and standards regulating swimming pools and in order to protect the health, safety, and welfare of the citizens of the Town; and WHEREAS, the Town Council of the Town of Trophy Club, Texas recognizes the need for proper construction and maintenance of swimming pools and the need to protect citizens and other members of the public from the dangers inherent in the use of swimming pools within the Town;and WHEREAS, the Town Council has determined it appropriate to repeal the existing Article XV of Chapter 3 and adopt a new Article XV that incorporates the changes recommended by staff to enhance enforcement; and WHEREAS, the Town Council hereby finds that the regulations established herein are in the best interest of the health, safety and general welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS. SECTION 1. INCORPORATION OF PREMISES All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. AMENDMENT 2.01 Article XV, entitled "Swimming Pools" of Chapter 3 of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended, so that Sections 15.01 through 15.08 read as follows: Article XV Swimming Pools Section 15.01 Definitions Unless otherwise provided for herein, the following terms shall have the respective meanings ascribed to them: Aboveground Swimming Pool: A structure in which the entire construction is above ground, or if partly above and partly below -ground, the top of the receptacle basin is at least twenty-four inches (24") above ground. In -Ground Swimming Pool: A structure intended for swimming or recreational bathing that contains water over twenty-four inches (24") deep and has a capacity of over seven hundred (700) gallons that is dug into the ground. Kiddie Pool or Wading Pool: Any deflatable, portable or temporary special purpose pool or receptacle set aside primarily for use by children with a depth no greater than twenty-four inches (24"). Non -Maintained: The failure to keep water clean, bacteria and insect free by chemical or mechanical means. Permitting Department: The Permitting Division of the Community Development Department of the Town of Trophy Club, Texas. Person: An individual, firm, corporation, partnership, sole proprietorship or any other entity recognized in law. Spa: A hydro -massage pool or tub, including but not limited to hot tubs, whirlpool baths and tubs and Jacuzzi -type tubs or baths, for recreational or therapeutic use, not located in a health-care facility, designed for immersion of users and usually having a filter, heater, and motor -driven blower. The spa is intended for recreational bathing and contains water over twenty-four inches (24") deep. Stagnant: Standing or non -flowing water. Swimming Pool: Any structure intended for swimming or recreational bathing that is designed to contain water over twenty-four inches (24") deep and has a capacity of over seven -hundred (700) gallons. This includes inground, aboveground and on -ground swimming pools. As used in this Article the term is limited to pools which are fitted with a filter for clarifying pool water, or which are designed to be fitted with a filter, whether installed or not. The term shall not include facilities located inside a residence, storable pools designed for seasonal setup and use which are stored at the end of the swimming season, or spas installed on decks or porches if a fitted hard cover designed to prevent entry is maintained in place at all times when the spa is not in use. Unsanitary: Not free from elements, such as filth or pathogens that endanger health and hygiene. Section 15.02 Applicability and Prohibited Conduct A. This Article shall be applicable to all new swimming pools and spas hereafter constructed, erected, or maintained, and shall apply to all existing pools and spas which have a depth greater than twenty four inches (24") of water at any point, except as specifically prohibited in Subsection F. It shall be unlawful for any person to violate any provision of this Article. B. No person shall construct, erect, or maintain an aboveground pool. C. No person in possession of land within the Town, whether as owner, purchaser, lessee, or licensee, upon which is situated a swimming pool having a depth greater than twenty- four inches (24") or more of water at any point, shall fail to provide and maintain such fence or wall as herein provided. D. Any and all unfenced swimming pools existing at the time this Article is passed shall have ninety (90) days to comply with the terms and requirements herein stated, from the effective date of this Article. E. Except as specifically provided herein, it shall be unlawful of any person, corporation, partnership or other legal entity to construct, have constructed, or maintain any type of swimming pool without having first procured a permit for the construction of same from the Permitting Department. It shall be unlawful for any Person owning, leasing, claiming, occupying or having supervision or control of any swimming pool, regardless of the depth of water it contains, within the corporate limits of the Town, to permit or allow swimming pool water to harbor or be a breeding ground for mosquitoes, flies, or other pests or which causes a foul odor or adversely impacts the public health and safety by any means. Section 15.03 Exceptions A. Kiddie Pools or Wading Pools are exempt from the provisions of this Article except as specifically provided herein. B. Hot tubs, whirlpool baths and tubs, and Jacuzzi -type tubs or baths with a capacity of not more than fifteen hundred (1,500) gallons shall be allowed above ground. C. In lieu of the fence requirement in Section 15.04, rigid lock -down covers may be allowed for hot tubs, whirlpool baths and tubs, Jacuzzi -type baths and tubs, and spas, provided that prior approval is given through the fence permit application process and further provided that the cover is kept locked at all times that the hot tub, whirlpool bath and tub, Jacuzzi -type bath and tub, and/or spa is not in use. Section 15.04 Swimming Pools A. Swimming Pool Permit Application The following information shall be required for each swimming pool permit application: 1. Applicant's name and address. 2. If person represents a corporation, partnership or other legal entity, the address of the president or registered agent of the entity. 3. Name of the foreman or contractor in charge of construction. 4. Name of the owner of the property. 5. Address of the location where swimming pool is to be constructed. 6. Size of swimming pool. 7. Approximate value. S. Two (2) site plans showing the location of swimming pool in relation to the property lines with the distance indicated from the pool to any structures and to the property boundaries. All measurements shall be from the pool structure itself and not from the water's edge and also show property setback lines, drainage plan, location of any and all drainage and/or public utility easements, and the location of required and/or existing fence. a. Fence permit, if applicable. B. Permit fees, in accordance with the current fee schedule, shall be paid prior to the issuance of a permit and the commencement of construction of a swimming pool. C. Fence Requirements 1. Permanent Fence Before a swimming pool, hot tub, whirlpool bath and tub, Jacuzzi -type bath and tub, and/or spa is filled with water, a permanent fence shall be erected surrounding the pool, which shall conform to the International Building Code, as adopted and amended by the Town. a. The Pool Contractor or other person constructing a pool is responsible for the construction of a permanent fence that complies with this Article and all other applicable regulations. The property owner is responsible for the maintenance of a permanent fence that complies with this Article and all other applicable regulations. b. It shall be unlawful to maintain any swimming pool, hot tub, whirlpool bath and tub, Jacuzzi -type bath and tub, and/or spa in the corporate limits of Trophy Club, which is not fenced in accordance with the requirements of this section and all other applicable Codes. 2. Temporary Fence Prior to commencement of and during the construction of a swimming pool, a temporary fence shall be erected and maintained around the swimming pool construction site, which shall limit access to the construction site at all times except when construction is actually in progress. The top of the temporary fence shall be at least four feet (4') in height. The wall of a dwelling may serve as part of the fence. a. All inspections will be canceled if a temporary fence is not installed on the job site and a re -inspection fee will be assessed in an amount set by the Town's Schedule of Fees. Continued failure to enclose the site with a temporary fence may result in a citation being issued to pool contractor. D. Form Survey Required A form survey shall be submitted and approved by the Building Inspector prior to calling for the first inspection. E. Certificate of Completion Prior to the issuance of a certificate of completion, the swimming pool shall pass each of the following inspections: 1. Belly steel and ground steel 2. Deck steel and ground 3. Gas line inspection (if applicable) and P-Trap/Backwash inspection. a. Before the backwash, P -Trap & gas line are covered in any way, those items shall be inspected and approved. All pools shall have a p -trap and backwash line connected to the sanitary sewer. 4. Drainage Survey The pool final inspection will not be approved if the Inspector determines that the grading and drainage of the lot is not in compliance with the approved drainage plans for the subdivision. If the inspector cannot determine the lot water flow, an engineered survey shall be required. 5. Final inspection, including the fencing. a. At the final inspection, all local requirements, state requirements and Town -approved building codes must be met. F. Lighting All lighting of a swimming pool shall be shielded or directed to face away from adjoining residences. If lights are not individually shielded, they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent or contiguous properties. G. Licensed Contractor All electrical and plumbing work shall be performed by licensed contractors in accordance with the requirements of the Town -approved Building Code, as amended, and all other applicable codes or regulations. H. Location All swimming pools, to include but not limited to kiddie and wading pools, shall be located within the rear yard and shall not encroach upon any identified easement. I. Draining of Swimming Pools On any new swimming pool permitted on or after June 24, 2005, all backwash or drainage from a swimming pool shall discharge into the sanitary sewer system. An indirect connection shall be made by means of an air break discharging into a tail piece installed a minimum of 6" or 152 mm above adjacent grade. The tailpiece shall be connected to a minimum 3" or 76 mm p -trap not less than 12" (304 mm) below grade which discharges into the yard cleanout riser. 1. Owners of existing pools (pools built or permitted prior to July 1, 2005) are not required by this Article to retrofit the pool equipment and tie into the sanitary sewer. J. Screening All swimming pool equipment shall be screened from the view of the public and from the view of adjacent private properties. K. Clarity of Water 1. The water in all private swimming pools within the Town shall be of sufficient clarity such that the bottom of the swimming pool is visible to the naked eye. In order to help achieve this objective, each swimming pool shall have a minimum free residual chlorine of one (1) part per million. 2. In addition, it shall be unlawful for swimming pool water to have an acid reaction to a standard pH test. 3. All pools shall be treated, altered or maintained so as to prevent the development of Unsanitary condition. 4. Pools under construction or which are no longer being operated shall be maintained in a manner so as to prevent the development of Unsanitary conditions, potential injury, or possible drowning. 5. Wastewater from a swimming pool shall be discharged into a sanitary sewer. There shall be no direct physical connection between the sewer system and any drain from the swimming pool or circulation system. 6. Alternative equivalent methods of wastewater disposal may be approved by the Director of Community Development if the Director finds that the alternative method of disposal proposed would not create a public health hazard or public nuisance or violate any ordinance, state or federal law, rule or regulation. Wastewater disposal which creates a public health hazard or public nuisance is prohibited. L. Equipment No pool equipment shall be placed within required or established front yard or within any identified easement. Equipment necessary for or related to the operation of the pool shall not be affixed to any required perimeter fence or common fences between property owners. Section 15.05 Notice of Violation A. In the event that any Person owning, claiming, occupying or having supervision or control of any swimming pool within the corporate limits of the Town fails to comply with the provisions of this Article, the Town shall give at least ten (10) days notice in writing to such person identifying the provision of the Article violated and notifying the Person of the ten (10) day period for remediation of the violation. Such notice shall be given: 1. Personally to the owner in writing; or 2. By letter addressed to the owner at the owner's post office address or to the owner's address shown on the last approved tax rolls of the Town; or 3. If personal service cannot be obtained or the owner's post office address is unknown; a. By publication at least twice within ten (10) consecutive days; or b. By posting the notice on or near the front door of each building to which the violation relates; or c. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no building. B. If the owner of property fails or refuses to comply with the provisions of this Article within ten (10) days of notice of a violation, the Town may go upon such property and do so or cause to be done the work necessary to obtain compliance with this Article, and may pay for the work done or improvements made and charge the expenses incurred in doing or having same done to the owner of such property. C. The charges provided for in this Article shall be levied, assessed and collected by the Town of Trophy Club, Texas. In the event the owner of said premises upon which work was done and charges were incurred fails or refuses to pay such charges and expenses within thirty (30) days after the first day of the month following the one in which the work was done, the Mayor or his designee shall file or cause to be filed with the county clerk of Denton County, a statement by the Town Secretary setting out the expenses that the Town has incurred pursuant to the provisions of this Article, and the Mayor or his designee shall thereby perfect a privileged lien on the property involved, second only to tax liens and liens for street improvements to secure the expense incurred; together with ten percent (10%) interest from the date such payment was due. For any such expenditures and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the Town of Trophy Club, and the statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for any such work or improvements. Section 15.06. Abatement A. The Town may abate without notice the following: a. Any violation of the fencing requirements of this Article that adversely impacts the public health and safety by any means by posing an immediate threat or hazard. d. Unsanitary swimming pool water that adversely impacts the public health and safety by any means by posing an immediate threat or hazard. B. Not later than the tenth (10111) day after the date the Town abates the unsanitary swimming pool water under this section, the Town shall give notice to the property owner in the manner required by Section 15.05(A). C. The notice shall contain: a. An identification, which is not required to be a legal description, of the property. b. A description of the violations of this Article that occurred on the property. c. A statement that the Town abated the unsanitary swimming pool water; and d. An explanation of the property owner's right to request an administrative hearing about the Town's abatement. E. The Town Manager or the Manager's designee shall conduct an administrative hearing on the abatement under this section if, not later than the thirtieth (301h) day after the date of the abatement, the property owner files with the Town a written request for a hearing. F. An administrative hearing conducted under this section shall be conducted not later than the twentieth (20`h) day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the Town's abatement. G. The Town may assess expenses and create liens under this section as it assesses expenses and creates liens under other provisions of this Article. H. The authority of the Town described by this section is in addition to the authority granted by Sections 15.05 and 15.08. Section 15.07 Appeals Any person aggrieved by the terms of this Article or the interpretation, application, or enforcement of this Article other than Section 15.06 by the Building Official shall have the right to appeal any action of the Building Official taken pursuant to this Article. Any such appeal shall be brought, by written application, filed by an interested party, to the Director of Community Development within ten (10) days following the action of the Building Official, which is the subject of the appeal. Enforcement of this Article shall be stayed pending such appeal, except that such appeal does not stay the owner or applicant's requirement to comply with temporary fencing regulations specified herein or as specified by other applicable laws, during the appeal period. In hearing such appeals, the Building Board of Appeals shall review the determination of the Building Official and, in so doing, may consider whether or not the regulations and standards of this Article will, by reason of exceptional circumstance or surroundings, constitute a practical difficulty or unnecessary hardship. The decision of the Building Board of Appeals shall be final. Section 15.08 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance; provided, however, that Ordinance No. 1995-12 is hereby repealed in their entirety respectively. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance No. 1995-12, on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting swimming pool regulations which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 6. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the ordinance records of the Town and as required by Charter. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town of Trophy Club, Texas this the 161" day of April 2007. Effective Date: ATTEST: /d�%�fLl `-Towwn Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: � AI Town Attorney Town of Trophy Club, Texas Mayor Town of Trophy Club, Texas [SEAL] O o �9\UA RY 1 • �g