Neglected pools prompt call for new ordinance in Martins Ferry

MARTINS FERRY -- Backyard swimming pools left to sit stagnant for years could soon become the target of a new Martins Ferry ordinance as city officials seek stronger enforcement tools to address what they say has become a growing nuisance.

Mayor John Davies asked council last week to draft legislation requiring owners of neglected pools to either maintain, treat or remove them, saying the city currently lacks a specific ordinance to deal with the problem.

“We have six or probably eight pools in town that have just laid dormant,” Davies said. “They are mosquito breeding and they stink. I looked at three of them this week. There is no ordinance that I can find that puts the owners in violation.”

Davies said he contacted the health department but was told the pools do not fall under its jurisdiction.

“You put it next to a house and it’s full of mosquitos, it’s a problem,” he said. “I think we need an ordinance, however council would like to word it. If you have a pool that’s dormant for years, it has to be removed or it has to be treated, or you will be fined.”

Davies said he personally inspected three neglected pools and found one particularly offensive.

“One was pretty bad,” he said. “I walked into the neighbor’s yard on the other side of the fence and it stunk.”

He said property owners cited under a future ordinance could face fines through Martins Ferry Mayor’s Court.

“If you get pulled in here on a pool violation in the future in mayor’s court, you are going to pay a fine,” Davies said.

Safety Director Melisa Yeso said she and Police Chief Vince West recently investigated one complaint involving a neglected swimming pool but found the city had limited authority to require action.

“Chief West and I went and looked at a pool, talked to the owners and they were very resistant in wanting to do anything about it and we don’t have an ordinance,” Yeso said. “But they have been fined for their fence and their weeds and their grass.”

Yeso said one property owner ultimately removed a pool after city officials discovered a dead rat floating in the water.

“We did make them take that down,” she said. “They had the dead rat. One of our codes does allow us to say that it is a blight on the neighborhood and we can fine for that. It technically falls within the ordinance.”

Davies noted the city does have a general nuisance ordinance, but he believes more specific language is needed.

“There is a nuisance ordinance but we don’t have any gray area,” he said.

City Law Director Paul Stecker agreed.

“I agree that we do have a general nuisance ordinance that we can go under, but this is a specific issue that we can draw a bright line on,” Stecker said. “I would recommend doing a new ordinance.”

Yeso also updated council on ongoing code enforcement efforts, saying the city continues to investigate complaints involving high grass and poorly maintained properties.

“We have been sending out violations for excessive amounts of weeds and grass,” she said.

Yeso said enforcement can be difficult when rental properties are involved.

“One property owner owns two of the properties and the other is out of Virginia,” she said. “They still have fines pending. We have spoken to both over the phone and they are supposed to be communicating to their tenants.”

If fines remain unpaid after a hearing in mayor’s court, the cases can be turned over to the city law director to begin the process of placing the unpaid fines on the property owner’s taxes.

“But to forcibly make somebody clean up their property, it is difficult when it is a tenant-landlord situation,” Yeso said. “One of the problems with the property has been going on for three years.”

Council is expected to consider drafting a new ordinance to specifically address abandoned and unmaintained swimming pools.