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MEMO RE SWIMMING POOLS TO: Joel Hanson FROM: Patrick J. Kelly DATE: July 2, 2015 Due to recent developments there has been a heightened awareness of abandoned pools and subsequent issues of safety and depreciation of property values. Pools within the City of Little Canada are governed by Ordinance Number 1901 REGULATION OF PRIVATELY OWNED SWIMMING POOLS (see attached). The ordinance may be used to address abandoned pools, specifically 1901.070 states: (A) All in -ground pools shall be completely enclosed by a fence at least four (4) feet high of the type and design to prevent children from gaining uncontrolled access to the pool. All fence openings or points of entry shall be equipped with gates having self-closing and self -latching devices high enough to be out of reach of small children. The above requirement is a first priority for the city to enforce the safety requirements and eliminate a tragic situation. Also Section 1901.080 OPERATION AND MAINTENANCE states: No swimming pool shall be used, kept, maintained or operated in such a manner as to constitute a nuisance or as to be hazardous to health, life or property. Every pool shall have adequate equipment to filter and otherwise keep the water clean and free from contamination. The key language in enforcement is "shall be used, kept, maintained or operated in such a manner..." Section 1901.09 VIOLATION AND ,PENALTIES allows the city to issue a criminal citation which would include a fine and/or imprisonment. The fine provision should be amended to reflect the allowable fine of $1,000.00. The city council may want to consider strengthening the pool ordinance for purposes of obtaining immediate correction. The council may want to consider adding language that would address the issue if the pool has been declared a nuisance or hazardous to health, life or property, then the property owner shall correct the condition within 24 hours of notice if there is an immediate safety issue and 30 days to correct or remove the pool. If the above is not satisfied within the time limits as set by the city, the city has the option to proceed with abatement of the notice proceeding on an expedited process and assess the costs to the property owner. The above language would be drafted with direction of the city council and staff. The abatement of a nuisance could also proceed pursuant to 601.09; the nuisance process would be pursuant to 601.080. Finally the City of St. Paul, specifically the attorney's office, indicated to us their present status with respect to addressing similar issues. Also they have informed me that the fire