§ 19-47. Definitions and conditions.  


Latest version.
  • (a)

    All structures which have any or all of the following defects shall constitute a public nuisance and be deemed "dangerous":

    (1)

    "Structurally unsound"

    a.

    Those structures which have interior walls or other vertical structural members that list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base;

    b.

    Those structures which, exclusive of the foundation, show thirty-three (33) percent or more of damage or deterioration of the supporting member or members or fifty (50) percent of damage or deterioration of the non-supporting enclosing or outside walls or covering;

    c.

    Those structures which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used;

    d.

    Those structures which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or people of the parish.

    (2)

    "Unhealthful"

    a.

    Those structures which are so dilapidated, decayed or unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those occupying such building.

    (3)

    "Constitute a fire hazard"

    a.

    Those structures containing electrical wiring or appliances in dangerous and defective condition likely to cause fire. Electrical wiring and appliances installed or in use which are not in compliance with the provisions of any ordinance of the parish regarding such wiring or appliances and the installation thereof shall be deemed dangerous and defective;

    b.

    Those structures containing gas plumbing or appliances in dangerous or defective condition likely to cause fire. Gas plumbing or appliances installed or in use which are not in compliance with the provisions of any ordinances of this parish regulating such plumbing and appliances and the installation thereof shall be deemed dangerous and defective;

    c.

    Those structures which contain combustible or explosive matter or accumulation of rubbish, trash or unnecessary accumulation of waste paper, boxes, shavings or any highly flammable materials especially liable to fire, therein, or in close proximity thereto;

    d.

    Those structures containing numerous openings in the walls or other unstopped spaces throughout, attributable to vandalism or general disrepair, which increase the risk of conflagration in the area;

    e.

    Those structures which are vacant and have windows, doors or other openings which remain unsecured permitting entry by unauthorized persons;

    f.

    Those structures which contain other fire hazards in violation of the National Fire Prevention Act, the state fire marshal act, the building code, any provisions of this Code or other ordinances of this parish if the violation is of such a nature that the building constitutes a danger to its occupants and/or others.

    (4)

    "Dangerous to human life"

    a.

    Those structures, regardless of their structural condition, which have during times that they were not actually occupied by their owners, lessees or other invitees, been left unsecured from unauthorized entry to the extent that they may be entered and utilized by vagrants or other uninvited persons as a place of harborage or may be entered and utilized by children as a play area;

    b.

    Those structures having parts thereof which are so attached that they may fall and injure members of the public or property;

    c.

    Those structures without adequate ingress or egress;

    d.

    Those structures existing in violation of any provisions of this Code, the building code, the fire code, or other ordinances of this parish if the violation is of such a nature that the building constitutes a danger to its occupants and/or others;

    e.

    Those structures constituting a danger to the public even though secured from entry; or

    f.

    It is found that the means utilized to secure the structure are not adequate to prevent unauthorized entry of the building.

    (5)

    "Unsecured"

    a.

    Those structures that are not boarded or otherwise have unbroken windows and doors, fenced or otherwise protected from entry in any manner to prevent uninvited persons or animals.

    (6)

    "Unsafe":

    a.

    Those structures with a foundation wall, exterior wall, or roof which is not weather-tight, watertight or rodent proof; or

    b.

    Those structures with windows and doors which are not weathertight, watertight or rodent proof or which are not operating to allow proper ingress or egress; or

    c.

    Those structures with exterior stairs, porches, railings or any appurtenance thereto which is not capable of supporting the load that normal use may cause to be placed thereon; or

    d.

    Those structures that are boarded or otherwise have doors or windows that are not operating, all of which failing to provide outside air or light; or

    e.

    Those structures which have been boarded in excess of six (6) months and in which the owner has failed to obtain a permit and begin substantial renovations; or

    f.

    Those structures which are deemed "attractive nuisances" as defined in section 19-2.

    (b)

    All structures which have any or all of the following defects shall constitute a public nuisance and are subject to demolition:

    (1)

    Any structure which costs more than fifty (50) percent of the value of the property to repair the structure according to code may be deemed dangerous and unsafe pursuant to the provisions herein and ordered demolished. The value is determined per the value assessed by the Assessor's Office of Jefferson Parish.

    (2)

    Any structure that is vacant and boarded for a period of more than six (6) months and which does not have an active permit and no substantial work being performed or which has a permit but substantial work has not begun shall be deemed blighted and a nuisance and subject to demolition.

    (3)

    Any structure found to be in a state of deterioration that creates a substantial adverse impact on neighboring properties including but not limited to depreciation of property values, interference with the lawful use and enjoyment of property in the area and/or illegal activities occurring on or at the structure are deemed to be blighted, declared a nuisance and subject to demolition.

    (c)

    "Vacant" shall include, but not be limited to, a structure designed for human use or occupancy but which has been unoccupied for more than six (6) months, unless one (1) of the following applies:

    (1)

    The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation; or

    (2)

    The building meets all codes, does not contribute to blight, is ready for occupancy and is actively being offered for sale, lease, or rent.

    (d)

    A structure which has been cited with two (2) or more violations, whether or not a part of this chapter and does not constitute an imminent danger to persons is hereby declared to be a nuisance, the owner a repeat offender and a blighted property.

(Ord. No. 23373, § 1, 8-20-08; Ord. No. 23529, § 2, 4-15-09; Ord. No. 24626, § 1, 12-11-13)