(a) A public swimming pool/spa is hereby declared to be a nuisance if:
(1) Pool/spa water clarity standards in Tex. Administrative Code Title 25, Chapter 265, “Standards of Public Pools and Spas,” are not maintained;
(2) Water at the public swimming pool/spa is not maintained so as to prevent the breeding or harborage of insects;
(3) Water at the public swimming pool/spa emits an odor that is foul and offensive to a person of reasonable sensibilities; and
(4) The owner/operator fails to maintain the pool/spa in compliance with this article, Tex. Health and Safety Code § 341.064, Tex. Administrative Code Title 25, Chapter 265 Subchapter L, Tex. Health and Safety Code Chapter 757 or ceases to operate the pool/spa.
(b) The director may give notice to the owner of the property on which a nuisance under this section is located to abate, remove or otherwise remedy such nuisance immediately.
(c) The notice must be given:
(1) Personally to the owner in writing;
(2) By letter addressed to the owner at the owner’s post office address and sent by certified mail, return receipt requested; or
(3) If personal service cannot be obtained or the owner’s post office address is unknown:
a. By publication in the official newspaper of the city at least twice within ten consecutive days;
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, if the property contains no buildings.
(d) If the public swimming pool/spa has a valid or suspended permit issued pursuant to this article and the permit holder is not the same person as the owner of the property, notice shall also be given to the permit holder.
(e) If the property owner does not comply with the notice within ten days of service, the director may enter the property containing the nuisance and do any work necessary to abate the nuisance.
(f) If the immediate abatement of the nuisance is deemed necessary by the director to protect the public health, safety or welfare of the public from an imminent hazard, the director may, without complying with the notice provisions of this section, enter the property containing the nuisance and do or cause to be done any work necessary to abate the nuisance.
(g) All costs incurred by the city to abate a nuisance, including the cost of giving notice as required, shall initially be paid by the city and charged to the owner of the property. The city may assess the expenses against the real estate on which the work was done.
(h) To obtain a lien against the property, the director shall file a statement of expenses with the county clerk for the county in which the property is located. The lien shall be security for the costs incurred and interest accruing at the rate of 10% per annum on the amount due from the date of payment by the city.
(i) The lien is inferior only to:
(1) Tax liens; and
(2) Liens for street improvements.
(j) The remedy provided by this section is in addition to all other remedies available under this article or elsewhere.
(Ord. 16313, § 18, passed 3-1-2005)