(A) Construction permit and bond. It shall be unlawful for any person to commence or proceed with the construction, installation, enlargement or alteration of any private residential swimming pool unless in compliance with the following requirements:
(1) Submittal and approval of all plans and contracts for construction in accordance with the specifications described in § 158.05 below to the Building Inspector;
(2) Unconditional, irrevocable letter of credit in a form acceptable to and in favor of the village issued by a “financial institution” acceptable to the village or cash or certified check in a sum equal to 110% of the cost of construction for the private residential swimming pool and fence to secure the timely construction and completion of the swimming pool and fence as set forth in division (B) below and § 158.10(B) below;
(3) Completion and submittal of a building permit application in the form provided by the village and in compliance with this chapter. The application shall be signed by the property owner, and if required by the village, any lessee or other property occupant; and
(4) Issuance of a final construction (building) permit by the Building Inspector for the Building Department of the village. Provided however, the village shall have the right to revoke the permit in the event the applicant violates any conditions therein contained or otherwise specified in this chapter.
(B) Irrevocable letter of credit. The letter of credit shall remain in effect until the village has issued all necessary approvals for the construction of the private residential swimming pool. If the private residential swimming pool is not constructed within the time specified in the construction permit herein required, the village, through its officers, has the right by self-operation hereof, to enter upon the subject premises and cause the construction of the private residential swimming pool or the completion thereof and recover the cost thereof by drawing upon the letter of credit, cash or certified check given to the village by owner or lessee. Upon the full compliance with this chapter, the security for completion or balance, if any, shall be returned to the applicant.
(C) Occupancy permit. It shall be unlawful for any person to operate, use or maintain any private residential swimming pool in the village unless an occupancy permit has been issued from the Building Department of the village. No occupancy permit shall be issued by the Building Department of the village, until the private residential swimming pool is filled with water, and the fencing required herein is constructed in compliance with this chapter.
(D) Permit fees. The permit fee required to be paid for an aboveground private residential swimming pool is $50. The permit fee required to be paid for an inground private residential swimming pool is $100. Notwithstanding the foregoing, the corporate authorities reserve the right to adjust the permit fees after consideration and approval of this chapter by the Village Board of Trustees.
(Ord. 704, passed 11-4-2002) Penalty, see § 158.99