§ 19-55. Emergencies.  


Latest version.
  • (a)

    In cases where it reasonably appears that there is immediate danger to the health, life or safety of any person unless a "dangerous building," as defined herein, is immediately repaired, vacated, demolished or secured, or where said dangerous building is within one thousand (1,000) feet of a school placing school children in danger, the inspector shall report such facts to the director, assistant director or the regulatory manager of the department of inspection and code enforcement. If the director, assistant director or the regulatory manager finds that there is in fact an immediate danger to the health, life or safety of any person unless the building is immediately repaired, vacated, demolished or secured, or where said dangerous building is within one thousand (1,000) feet of a school placing school children in danger, he shall cause the immediate repair, vacation, demolition or securing of such building, without any requirement for notice to the owner or interested parties in advance.

    (b)

    Whenever the director causes a building to be repaired, vacated, demolished or secured pursuant to this section, he shall cause a notice, as described in this article, to be posted on the building.

    Further, whenever the director causes a building to be repaired, vacated, demolished or secured pursuant to this section, he shall also cause notice to be given to the owners and lien holders of the building, all persons having possession of any portion thereof, and all other persons who may have an interest in the building that a hearing will be held concerning the orders issued in connection therewith, and whether the building constitutes a "dangerous building." The notice shall set forth the specific conditions which render the building a dangerous building within the standards set forth in this article, the date, time and place of such hearing, that all persons having an interest in the building may appear in person and/or be represented by an attorney, and may present testimony and may cross-examine all witnesses. The notice shall comply with the provisions set out in section 2.5-7 of this Code, however, the hearing shall be held as soon as it is reasonably possible, but in no case later than ten (10) days after the director of the department of inspection and code enforcement has caused the building to be repaired, vacated, demolished or secured, unless all persons having either an ownership interest or a possessory interest in the building request a continuance of the hearing. At such a hearing, the burden shall be upon the parish to show that there was an immediate danger to health, life or safety, or said dangerous building is within one thousand (1,000) feet of a school placing school children in danger, necessitating immediate action, and whether the building constitutes a dangerous building within the provisions of this article at the time of the hearing. After completion of the presentation of the testimony by all parties appearing, the hearing officer shall make written findings of fact as to whether or not the dangerous building is within one thousand (1,000) feet of a school placing school children in danger, or the building was an immediate danger to health, life or safety necessitating the action taken by the director of the department of inspection and code enforcement, and whether the building was a dangerous building within the provisions of this article. If the hearing officer finds that the dangerous building is within one thousand (1,000) feet of a school placing school children in danger or there was an immediate danger to public health, life or safety that required the action that was taken, all administrative expenses and any cost of repair or demolition shall be calculated and assessed the owners of the building, and shall constitute a lien and privilege on the land on which the building stands or stood, which shall bear interest as provided in this article. If the hearing officer finds that the building, at the time of the hearing, constitutes a dangerous building within the provisions of this article, he shall issue an order for its abatement as set out in this article. The provisions in this article shall be applicable to any such order.

(Ord. No. 23373, § 1, 8-20-08; Ord. No. 23711, § 1, 12-9-09; Ord. No. 23926, § 1, 12-8-10)