WEST LINN — A family in an upscale Portland suburb has been fighting for nearly three years to preserve their $100,000 swimming pool, built without the permit it needed in a protected wetlands area. Now the couple faces a $2,000-a-day fine and a court date on a charge of prohibited use of a water resource area.

Troy and Gina Bundy, of West Linn, say they got an OK from the former mayor, Patti Galle, who called a permit a formality that could be put off. Galle has denied that.

After the pool was finished, the Bundys sought a permit, but the city turned them down. The city wanted the Bundys to remove the pool and restore a wetland behind their home, where fill from the pool was dumped during construction.

This month, police issued citations calling for fines retroactive to 2009. The Bundys pleaded not guilty to prohibited use of a water resource area. A Municipal Court trial is set for August.

Kirsten Wyatt, West Linn assistant city manager, said negotiations stalled, so the city acted.

“In West Linn, our community development code is a reflection of our values in regards to protecting the environment and personal property rights,” Wyatt said.

The Bundys bought their home in 2003 and finished the 1,100-square-foot pool in the fall of 2009 on property located between two wetlands. The home is valued at about $533,000. The family declined to comment to The Oregonian and didn’t return a phone call from The Associated Press.

“I’d be happy to pay a fine that’s reasonable,” Troy Bundy told The Oregonian last year. “I’d be happy to invest in a wetlands that’s actually sustainable. I’d be happy to put the money wherever they want me to put it on their behalf. But what I’m saying is, let’s exercise some common sense. This pool doesn’t hurt anyone. It’s on my property. I’ve bought the land. What more do you want?”