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Resident alleges selective enforcement over pool and dirt path; council to reconcile code conflict
Summary
Resident Sarah Beth Graham told the council she was cited under an ordinance referencing Texas Health and Safety Code chapter 757 and setback rules for a dirt path; staff said the town's adopted International Residential Code may exempt above-ground pools that exceed 48 inches with a lockable ladder, and council directed staff and the town attorney to pursue clarifying ordinance language.
During public comment, resident Sarah Beth Graham (3525 Lakeway Drive) urged the council to amend town ordinances and stop what she described as selective enforcement of swimming-pool and setback rules affecting her family's property. Graham said the town ordinance references Texas Health and Safety Code chapter 757—"which has an application that's only for HOAs and apartment complexes"—and that the code language as applied to residential above-ground pools is confusing and inconsistent.
Staff told council there is an apparent conflict between the town's ordinance citing chapter 757 and the town's adopted International Residential Code (IRC). Staff explained that under the IRC, "barrier restrictions for above ground pools are as long as it's above 48 in and as long as it has a lockable or removable ladder. It does not require a fence." Council directed staff to work with the town attorney and Planning & Zoning to resolve the ordinance text or add an explicit exemption so enforcement is consistent going forward.
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