A.
Every private swimming pool constructed, installed, established or
maintained in the Village shall, at all times, comply with the requirements
of the Public Health Law, the State Sanitary Code, the rules and regulations
of the New York State Department of Health and the rules and regulations
of the Onondaga County Department of Health. Any nuisance or hazard
to health which may exist or develop in, or in consequence of, or
in connection with any such private swimming pool shall be forthwith
abated and removed by the owner, lessee or occupant of the premises
on which the said pool is located upon receipt of notice from the
Code Enforcement Officer of the Village.
B.
It shall be the duty of the Code Enforcement Officer to enforce the
provisions of this chapter.
C.
The owner or operator of any pool within the Village shall allow
the Code Enforcement Officer access to any private swimming pool and
appurtenances thereto for the purpose of inspecting to ascertain compliance
with this chapter, and all other pertinent Village laws and ordinances
at all reasonable times.
D.
Variances. If literal enforcement of any provision of this chapter
would cause undue hardship or practical difficulties to the owner
of any premises, such owner may apply in writing to the Board of Zoning
Appeals of the Village for a variance excepting said owner from conforming
with the requirements of such provision. The Board of Zoning Appeals
shall hold a public hearing to afford interested parties an opportunity
to express their views thereon and may thereafter grant or deny such
applications subject to any additional requirements which it deems
necessary to preserve public health and safety and prevent nuisances.
The Board of Zoning Appeals shall require applicants for variances
to submit a fee, as set by resolution of the Board of Trustees, with
their applications in order to cover Village costs in considering
such applications, which fee shall not be refundable if an application
is denied.[1]
E.
Violations and penalties. Any person or persons, firm or corporation,
violating any of the provisions of this chapter shall, upon conviction
thereof, pay a fine of not exceeding $250 for each violation or imprisonment
for a term of not exceeding 15 days, or both. Each day a particular
violation continues shall constitute a separate violation, pursuant
to the Penal Law. The Board of Trustees may also enforce this chapter
by injunction pursuant to § 20-2006 of the Village Law.[2]
