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A transfer fee of $50 shall be assessed when there is a new owner, lessee, or operator of a swimming pool and the annual inspection fee has been prepaid. Such fee shall be due within 15 days of the commencement of operations by the new owner, lessee, or operator.
('74 Code, § 11-5-5C) (Ord. 12-1978; Am. Ord. 18-1980; Am. Ord. 33-1987; Am. Ord. 12-1993)
Permission to operate a seasonal pool will be granted by the Enforcement Authority after completion of a satisfactory pre-opening inspection. Newly constructed and remodeled swimming pools meeting all ordinance requirements will receive permission to operate after the pool passes a final inspection by the Enforcement Authority and all fees are paid. The issuance of a permit shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this article.
('74 Code, § 11-5-5D) (Ord. 12-1978; Am. Ord. 18-1980; Am. Ord. 33-1987; Am. Ord. 12-1993)
Permits shall be temporarily suspended by the Enforcement Authority for failure of the holder to comply with the requirements of this article or other applicable laws, ordinances or regulations. Whenever a permit holder or operator has failed to comply with any of the requirements of this article, the permit holder or operator shall be notified in a writing which identifies or references such condition; specifies the time period within which such condition shall be brought into compliance, if any period to cure is allowed; and states that failure to comply with any notice issued in accordance with the provisions of this article may result in immediate suspension of the permit. Notwithstanding the other provisions of this article, whenever the Enforcement Authority finds a condition in the operation of a swimming pool which constitutes an immediate hazard to the public health, welfare or safety, the Enforcement Authority may without prior warning, notice, or hearing, issue a written notice to the permit holder or operator citing such condition and stating that the permit is immediately suspended and that all swimming or bathing of any kind is to be immediately discontinued. An opportunity for an administrative hearing regarding such action will be provided if a written request for a hearing is delivered to the City Clerk within 15 days of suspension of the permit. Any person to whom notice of suspension is given shall comply immediately therewith. A sign, approved by the Enforcement Authority and in a location designated by the Enforcement Authority, shall be displayed stating that the pool is closed for use.
('74 Code, § 11-5-6A) (Ord. 12-1978; Am. Ord. 12-1993; Am. Ord. 2023-015)
Notice shall be deemed to have been properly served when the original or true copy of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the permit holder on file with the Enforcement Authority. A copy of such notice shall be filed with the records of the Enforcement Authority.
('74 Code, § 11-5-6B) (Ord. 12-1978; Am. Ord. 12-1993)
Any person whose permit has been suspended, may make application for a reinstatement of permit. Within five working days following receipt of such a request, the Enforcement Authority shall ascertain the status of the pool and/or premises. If the applicant is in compliance with requirements of this article and other applicable laws, regulations and ordinances, the permit shall be reinstated.
('74 Code, § 11-5-6C) (Ord. 12-1978; Am. Ord. 12-1993)
If serious or repeated violations of any of the requirements of this article occur, or if three or more suspensions occur which require reinspection for permit reinstatement within any 12-month period, or if the permit has been obtained through nondisclosure, misrepresentation or misstatement of a material fact, or if the owner or the person in charge interferes with the Enforcement Authority in the performance of his or her duties, then the permit may be revoked after an opportunity for a hearing has been provided by the Enforcement Authority. Prior to such revocation, the Enforcement Authority shall notify the permit holder in writing stating the reason the permit is subject to revocation and advising that the permit shall be revoked at the end of five working days following service of such notice, unless a request for a hearing is delivered to the City Clerk by the permit holder within 15 days. A permit may be suspended pending revocation or pending the holding of an administrative hearing.
('74 Code, § 11-5-6D) (Ord. 12-1978; Am. Ord. 12-1993; Am. Ord. 2023-015)
The hearing shall be held in accordance with the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
('74 Code, § 11-5-6E) (Ord. 12-1978; Am. Ord. 12-1993; Am. Ord. 31-2007; Am. Ord. 2023-015)
The exclusive remedy of any party dissatisfied with any final decision of the Enforcement Authority shall be filing of a petition for Writ of Certiorari to the District Court within 30 days after written notice of the decision is served on the concerned party. The petition for review shall be limited to the record.
('74 Code, § 11-5-6F) (Ord. 12-1978; Am. Ord. 12-1993)
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