MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Municipalities
By: Representative Baria
AN ACT TO AUTHORIZE MUNICIPALITIES TO ENACT ORDINANCES REGARDING POOL ENCLOSURES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1.
(1) A municipality may by ordinance establish minimum standards for swimming pool fences and enclosures and may adopt other ordinances as necessary to carry out this section.
(2) A municipality that adopts an ordinance under this section may repair, replace, secure or otherwise remedy an enclosure or fence that is damaged, deteriorated, substandard, dilapidated or otherwise in a state that poses a hazard to the public health, safety and welfare.
(3) A municipality may require the owner of the property on which the swimming pool or enclosure or fence is situated, after notice and hearing, to repair, replace, secure or otherwise remedy an enclosure or fence of a swimming pool that the municipality or an appropriate municipal official, agent or employee determines violates the minimum standards adopted under this section.
(4) If the enclosure or fence is on unoccupied property or is on property occupied only by persons who do not have a right of possession to the property, the municipality shall give notice to the owner of the municipality's action to repair, replace, secure or otherwise remedy an enclosure or fence of a swimming pool.
(5) If a municipality incurs expenses under this section, the municipality may assess the expenses on, and the municipality has a lien against the property on which the swimming pool or the enclosure or fence is situated. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the municipality for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded in the office of the chancery clerk in the county in which the property is situated. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the swimming pool or the enclosure or fence is situated, the amount of expenses incurred by the municipality and the balance due. The lien is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property to which the municipality's lien attaches.
(6) An ordinance adopted under this section may provide for a penalty, not to exceed One Thousand Dollars ($1,000) for a violation of the ordinance. The ordinance may provide that each day a violation occurs constitutes a separate offense.
(7) A municipal official, agent, or employee, acting under the authority granted by this section or any ordinance adopted under this section, may enter any unoccupied premises at a reasonable time to inspect, investigate or enforce the powers granted under this section or any ordinance adopted pursuant to this section. After providing a minimum of twenty-four (24) hours notice to the occupant, a municipal official, agent or employee, acting under the authority granted by this section or any ordinance adopted under this section, may enter any occupied premises to inspect, investigate or enforce the powers granted under this section or any ordinance adopted pursuant to this section. A municipality and its officials, agents or employees shall be immune from liability for any acts or omissions not knowingly done that are associated with actions taken in an effort to eliminate the dangerous conditions posed by an enclosure or fence that is damaged, deteriorated, substandard, dilapidated or otherwise in a state that poses a hazard to the public health, safety and welfare and for any previous or subsequent conditions on the property.
(8) The authority granted by this section is in addition to that granted by any other law.
SECTION 2. This act shall take effect and be in force from and after July 1, 2012.