[HISTORY: Adopted by the Common Council of the City of Middletown 4-22-1974 (Ch. 104 of the 1971 Code). Amendments noted where applicable.]
Before any aboveground or in-ground swimming pool, as defined by Chapter 475, Zoning, is erected or installed, the owner of the property or the tenant of the property upon which said swimming pool is to be erected or installed shall obtain a swimming pool license. Should any pool be replaced, moved or rebuilt, a new license shall be required.
The swimming pool license shall be issued by the Commissioner of Public Works or his representative only after a plot plan has been presented showing the type of pool, the location of the pool, the pool fencing as required in Chapter 252, Fences, and that it meets all the requirements of Chapter 475, Zoning, and when the Commissioner of Public Works or his representative is satisfied that all the requirements have been satisfactorily met. Copies of the license shall be forwarded to the Commissioner of Assessment and Taxation.
The Commissioner of Public Works shall cause a record of all swimming pool licenses issued to be kept by his Department, and these pools shall be reinspected every year by the Commissioner of Public Works or his representative to ascertain that the pool is in compliance with the original license issued, which inspection shall be added to the records kept. Should the pool be found to be in violation, the Commissioner of Public Works shall order it to be brought into compliance within 10 days. Should the owner or tenant fail to comply, the penalties as set forth in § 425-6 shall become effective.
All swimming pools in existence at the time of the enactment of this chapter shall be subject to the reinspection set forth in § 425-3 of this chapter. The Commissioner of Public Works or his representative shall compile and maintain the list of pools that were in existence at the time of the enactment of this chapter.
The fee for a swimming pool license shall be $50 payable before the permit is granted.
Any person who shall fail to comply with a written order of the Commissioner of the Department of Public Works or his designee within 15 days following written notice served by mail or by personal service by the Commissioner or his designee that a violation of any provisions of this chapter exists shall be guilty of an offense within the meaning of the Penal Law of the State of New York and, upon conviction thereof, shall be subject to a fine of not less than $100 nor more than $250. Each day that a violation is permitted to exist shall constitute a separate offense.