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E. Pools and spas shall be kept in working order so that water remains clear and <br />free of pollutants, mosquito larvae, and debris, or alternatively shall be drained <br />and kept dry. In either case, properties with pools and/or spas must comply with <br />the minimum security fencing requirements set forth in Article XIII of this chapter <br />and minimum state standards, whichever is more restrictive. <br />F. Adherence to this section does not relieve the beneficiary/trustee or property <br />owner of obligations set forth in any covenants, conditions and restrictions and/or <br />homeowner's association rules and regulations which may apply to the property. <br />G. An enforcement official may allow exceptions to the maintenance standards set <br />forth in this section for registrable property that is under construction and/or <br />repair, that is diligently pursued for at least three (3) business days per week, <br />and is undertaken in compliance with all applicable laws including but not limited <br />to city permitting requirements. <br />H. No person. firm. partnership. corporation or other entitv shall allow a residential <br />commercial, historical, or industrial building designed for human use or <br />occupancy to stand vacant for more than forty-five (45) days, unless the owner <br />establishes by substantial evidence to the reasonable satisfaction of the chief <br />building official that one of the following applies: <br />(1) The building is the subject of an active building permit for repair or <br />rehabilitation and the owner is progressing diligently to complete <br />the repair or rehabilitation: <br />(2) The building meets all applicable codes, is actively maintained in <br />accordance with all city ordinances, is ready for occupancy, and is <br />actively being offered for sale, lease, or rent. <br />The owner of anv boarded buildina. whether boarded by voluntary action of the <br />owner or as a result of enforcement activity by the city, shall cause the boarded <br />building to be rehabilitated for occupancy within ninety (90) days afterthe building <br />is boarded and shall comply with the provisions of subsections A through H of <br />this section, as well as all other provisions of the City Code. <br />J. It is declared a public nuisance for any person, partnership, association, <br />corporation, fiduciary, or other legal entity that owns, leases, occupies, controls <br />or manages any building or property subject to this chapter to cause, permit, or <br />maintain such building or property in violation of subsections A through I of this <br />section. <br />K. Within thirty (30) days after a property becomes a vacant building as defined <br />herein, the owner of a vacant residential, commercial, historical, or industrial <br />building shall cause said building to be registered as a vacant building pursuant <br />to the provisions of section 8-1985 of this chapter and shall pay the registration <br />fee required per section 8-1989. Further, the owner of said vacant building shall <br />comply with all applicable provisions of this Code with respect to property <br />maintenance, nuisance abatement, local property management requirements <br />and monitoring. <br />Ordinance No. NS-XXXX <br />Page 9 of 16 <br />11 B-9 <br />