§ 36-3. Drainage of pools, hot tubs or spas.

(a)

Pools, hot tubs or spas that are not being maintained in accordance with this chapter and present a danger to the life, health or safety of any person shall be drained of all water by the owner or operator and the owner or operator shall either:

(1)

Fracture the shell and fill with dirt or sand that is not capable of holding water; or

(2)

Cover with a material of sufficient strength, durability and water tightness to prevent the entrance of water or people.

(b)

A pool that remains drained of water for one hundred eighty (180) days and not covered as provided by subsection (a)(2) above is presumed to be no longer maintained as a swimming pool.

(c)

It shall be an affirmative defense to this section that the pool is in the process of actively being brought into compliance with this chapter.

(d)

When the director finds any pool, hot tub or spa that is not being maintained in accordance with this chapter and presents a danger to the life, health or safety of any person, then the director shall be authorized to have said pool, hot tub or spa drained of all water and either the shell fractured and filled with dirt or sand that is not capable of holding water or covered with a material of sufficient strength, durability and water tightness to prevent the entrance of water or people, if the owner fails to do so, ten (10) days after notice is given to do so, or the owner is unable to be located to perform such work. Any expenses incurred by the city in doing or having the work done shall be assessed on the real estate upon which such expense is incurred. On filing with the county clerk of Dallas County a statement by the director of such expenses, the city shall have a lien thereon to secure the expenditure so made and ten (10) percent interest per annum on the amount from the date of such payment. For any such expenditures, and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the city; and the statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in any such work or improvements. Notice shall be sufficient if sent via postage paid certified mail to the last known address of those to be notified.

(Ord. No. 8145, § 1, 4-3-03; Ord. No. 8476, § 1, 5-12-05)