This article and the provisions set forth herein shall apply
to a pool, herein defined as any pool, spa, hot tub, or other water-containing
device used, designed, or intended for recreational or therapeutic
use that has a depth of water of at least twenty-four (24) inches,
and a capacity of at least 5,000 gallons. Unless otherwise expressly
provided, this article shall not apply to a tank or cistern that has
a fixed roof or top, which is designed, used and intended for use
for solely irrigation purposes, or to ponds, lakes or bodies of water
in a natural state.
(Ordinance 2007-09-124 adopted 6/19/07)
(a)
No
person, firm or association shall install, construct, equip, operate
or maintain a pool without first having applied for and been issued
a valid permit. Permit applications shall be made on a form furnished
by the town and shall be accompanied by the appropriate permit fee
as set by the town council.
(b)
The
mayor or his designee may deny, suspend or revoke a permit if the
applicant or occupant or owner of the property on which the pool is
situated is in violation of any of the terms of this article, if the
mayor or his designee determines that the pool is kept or maintained
in a condition that presents a risk of danger or injury to persons
or property, or if a property owner or occupant fails to allow access
to the premises on which the pool is or may be situated for the purposes
of inspection.
(c)
If
a permit is denied, revoked or suspended, a new permit application
may be made, and the appropriate permit fee paid, or a request to
lift the suspension may be made, if the violation or condition that
caused the denial, revocation or suspension is corrected.
(d)
The
denial, suspension or revocation of a permit by the mayor or his designee
may be appealed to the town council. Action by the town council shall
be final.
(Ordinance 2007-09-124 adopted 6/19/07)
(a)
Distance from property lines and structures.
The minimum
distance from the water's edge to the side and rear property line
of the property on which the pool is situated shall be not less than
fifteen (15) feet. The minimum distance from the water's edge to any
structure (dwelling or accessory building) shall be not less than
fifteen (15) feet.
(b)
Location in front yard or easement.
No pool shall be
located within the required front yard setback or within a public
or private easement.
(c)
Access from dwelling unit.
A door in an exterior wall
of a dwelling unit which allows direct access to a pool shall have
a latching device installed on the interior side of the door which
does not require the use of a key in order to exit the dwelling unit
and must be located between forty (40) and forty-eight (48) inches
above floor level.
(d)
Covering or enclosure of hot tubs and spas.
Hot tubs
and spas shall be enclosed by either a fence or a rigid cover that
completely covers the surface of the spa or hot tub when not in use.
(e)
State requirements.
All state requirements relating
to on-site waste water and pools must be met.
(Ordinance 2007-09-124 adopted 6/19/07)
[1]
Editor’s note–Former section pertaining
to fencing and deriving from Ordinance 2007-09-124 adopted 6/19/07,
was repealed and deleted in its entirety by Ordinance 202212-01-101
adopted 1/3/2023.
(a)
All
swimming pool, spa and hot tub pumps shall be equipped with a time
clock or timer, maintained in good working order, so that the pump
may be set for the minimum time necessary to maintain the water in
a clean and sanitary condition.
(b)
No
electrical equipment shall be placed within five (5) feet of the water's
edge without prior approval by the town.
(c)
No
exterior convenience outlet shall be closer than ten (10) feet horizontally
from the water's edge. Existing exterior convenience outlets that
are within ten (10) feet of the water's edge shall be removed or permanently
disconnected and covered.
(d)
Ground
fault circuit interrupters shall be installed so as to protect all
exterior convenience outlets.
(e)
Overhead
conductors shall not be closer than twenty (20) feet horizontally
from the water's edge.
(f)
Filter
backwash water must be tied into the sanitary sewer, if available,
and must be properly trapped and vented.
(g)
All
electrical work shall be performed by a licensed electrician. The
installation of a P-trap and any gas heater or other appliance using
natural gas or propane shall be performed by a licensed plumber.
(Ordinance 2007-09-124 adopted 6/19/07)
(b)
The
town may inspect any pool at any reasonable time and has the authority
to enter upon the premises where a pool is located to the extent necessary
to make a full examination. Water samples from a pool may be taken.
(Ordinance 2007-09-124 adopted 6/19/07)
(a)
It
shall be unlawful to maintain any pool which is not fenced in accordance
with the requirements of this article or this code.
(b)
A
pool shall be continually kept and maintained in a clean and sanitary
condition, free of algae and harmful bacteria. The water clarity of
a pool shall be continually maintained so that the bottom surface
of the pool is visible.
(c)
No
person shall keep or maintain any body of water, whether or not defined
as a pool by this article, on property owned or under that person's
control such that the pool, cistern, tank, pond, lake or other body
of water contains stagnant water, may constitute a public or private
nuisance, may produce disease, or may constitute a breeding ground
or harborage for rodents, vermin, or parasites.
(Ordinance 2007-09-124 adopted 6/19/07; Ordinance adopting Code)
(a)
In
addition to any other remedy allowed herein or by other law, in the
event that any person, owner or occupant of premises on which a pool
is situated fails to comply with the requirements of this article,
the town may issue and serve written notice of such as follows:
(1)
Delivered personally to the owner and occupant in writing;
(2)
By letter addressed to the owner at the owner's address as recorded
in the appraisal district records of the appraisal district in which
the property is located;
(3)
If personal service cannot be obtained or the owner's or occupant's
address is unknown:
(A)
By publication in the town's official newspaper at least once;
(B)
By posting the notice on or near the front door of each building
on the property 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.
(b)
If
the owner or occupant of the property does not comply with the notice
and this article within seven (7) days of notice of the violation
given as stated above, the town may, on written request with good
cause demonstrated, grant up to twenty-one (21) additional days for
correction of the violation, or may:
(c)
The
town may assess expenses incurred under this section against the real
estate on which the work is done or improvements made in accordance
with this section.
(d)
To
obtain a lien against the property, the mayor or his designee, including
any other designated town official, must file a statement of expenses
with the county clerk of Wise County. The statement of expenses must
identify the name of the owner, if known, and the legal description
of the property.
(e)
The
lien obtained by the town is security for the expenditures made and
interest accruing at the rate of ten percent (10%) per annum on the
amount due from the date of payment by the town for the work done
or improvements made. The lien is inferior only to tax liens and liens
for street improvements.
(f)
The
town may authorize a suit for foreclosure in the name of the town
to recover the expenditures and interest due. The statement of expenses
or a certified copy of the statement is prima facie proof of the expenses
incurred by the town in doing the work or making the improvements.
(g)
The
remedy provided in this section is in addition to any fine which may
be imposed for a violation of this article and is cumulative of and
in addition to any other remedies which may be provided for by this
code or other law, whether civil or criminal.
(Ordinance 2007-09-124 adopted 6/19/07)
