§ 19-21. Abatement by order of parish.

(a)

Abatement by owner. Upon notification of violation, as provided in this chapter, the proprietary party, his representative or any person acting in concert with him or them shall jointly or severally abate the nuisance and/or prohibited activity or condition by removing the offending matter or taking the corrective action to abate said nuisance and/or prohibited activity or condition within five (5) days of date on notification (which may be via U.S. First Class Mail or posting of the property) or as otherwise provided herein.

(b)

(1)

Abatement of weeds by parish. Notwithstanding whether any injunctive or other judicial relief is petitioned for in accordance with the provisions of this chapter, and except for those, circumstances addressed in subsection (b)(2) herein, if the violation consists of weeds, grass or other vegetation on property and is not abated within five (5) days of date on notification (which may be via U.S. First Class Mail or posting of the property), with said notice only being required to be sent to the property owner once every calendar year, the Parish, through the Department of Inspection and Code Enforcement, is hereby authorized to cut, destroy and remove all such grass, weeds and other deleterious or unhealthy growths of vegetation on an as needed basis in accordance with this code, and the property owner, as shown on the latest property assessment rolls and/or conveyance records, shall be assessed a charge for the cutting, destruction and removal. If the costs to the parish for the cutting, destruction and/or removal exceed the amount of one hundred dollars ($100.00), the owner of the property shall be assessed the actual cost, plus a surcharge equal to one hundred (100) percent of the costs to cover inspection and administrative costs.

(2)

Emergency abatement of weeds by parish. Notwithstanding whether any injunctive or other judicial relief is petitioned for in accordance with the provisions of this chapter, if the violation consists of weeds, grass or other vegetation exceeding fifty-four (54) inches in height on property, except any vegetation that is part of an approved stormwater management plan, the parish, through the department of inspection and code enforcement, shall post a violation notice on the property or otherwise attempt to notify the property owner. If the violation is not corrected within twenty-four (24) hours, the parish is hereby authorized to immediately cut, destroy and remove all such grass, weeds and other deleterious or unhealthy growths of vegetation, and the property owner, as shown on the latest property assessment rolls and/or conveyance records, shall be assessed the same fee and surcharge as described in section 19-21(b)(1).

(i)

Within fifteen (15) days of emergency abatement, a letter shall be mailed to the property owner shown on the latest property assessment rolls and/or conveyance records informing the property owner of the violation, of the emergency abatement, and of the opportunity to request a hearing within thirty (30) days of the emergency abatement to contest the emergency abatement and the accompanying penalty.

(ii)

The hearing will be conducted by a hearing officer appointed by the parish attorney who shall be empowered to hear testimony, examine all evidence, make written findings of fact as to whether the conditions for which the property owner required emergency abatement and render any order authorized herein consistent with the hearing officer's findings.

(c)

Abatement of junk, trash, etc. Notwithstanding whether any injunctive or other judicial relief is petitioned for in accordance with the provisions of this chapter, if the violation consists of any prohibited activity or condition specified in this chapter and is not abated within five (5) days of date on notification (which may be via U.S. First Class Mail or posting of the property) unless otherwise noted herein, with said notice only being required to be sent to the owner once every calendar year, the parish, through the department of inspection and code enforcement, is hereby authorized to clear, destroy and remove all such offending materials and/or take any action necessary to abate the nuisance; and the property owner, as shown on the latest property assessment rolls and/or conveyance records, shall be assessed a charge for the clearing, destruction and removal and/or other corrective action in accordance with the following schedule:

(1)

A charge of not less than one hundred fifty dollars ($150.00) shall be assessed for the removal of any trash, debris, refuse, junk, abandoned, discarded or unused objects, equipment, machinery, or parts thereof or any other noxious matter or offending materials;

(2)

If the cost to the parish for clearing, removing and/or destroying such items exceeds the amount of one hundred fifty dollars ($150.00), the owner of the property shall be assessed actual cost, plus a surcharge equal to one hundred (100) percent of the costs to cover inspection and administrative costs.

(d)

Abatement of a neglected structure. Notwithstanding whether any injunctive or other judicial relief is petitioned for in accordance with the provisions of this chapter, if the violation consists of any prohibited activity or condition specified in this chapter and is not abated within five (5) days of date on notification (which may be via U.S. First Class Mail or posting of the property), with said notice only being required to be sent to the owner once every calendar year, the parish, through the department of inspection and code enforcement, is hereby authorized to abate such nuisance when the structure has been neglected, whether minor or major repairs are required for compliance, or otherwise vacant, deemed dangerous or unsecured; and the property owner, as shown on the latest property assessment rolls and/or conveyance records, shall be cited and upon failure to comply, forwarded to the parish attorney's office for enforcement. Neglected structures shall include but not be limited to a building or house, canopy, shed, sign, trailer or camper which has not been maintained according to code and requires minor or major repairs or demolition.

(e)

Work to be done by parish employee or independent contractor. In connection with any work performed pursuant to this section, the department of inspection and code enforcement may proceed to have the necessary work done either by its own employees or by an independent contractor.

(f)

(1)

Any person deemed a repeat offender shall be automatically notified every calendar year until compliance.

(2)

Any work order issued to a parish contractor to perform remedial action pursuant to this article shall remain in effect even though it may not be performed until the following year.

(3)

Once notice is issued to a property owner, removal of vegetation and/or trash in violation may be performed without a hearing.

(Ord. No. 23373, § 1, 8-20-08; Ord. No. 23912, § 1, 11-3-10; Ord. No. 24135, § 1, 10-12-11; Ord. No. 24530, § 3, 7-24-13; Ord. No. 25405 , § 5, 8-9-17)