§ 2.5-7. Hearing procedures.

(a)

Prior to holding an administrative hearing for public health, housing, fire code, environmental, or historic district ordinance violations, or any matters involving licensing and permits and any other ordinance violations that may be determined by the Jefferson Parish Council, the parish agency or department having enforcement responsibility shall notify the property owner and may notify any known tenant or lessee of any violation alleged a minimum of twenty (20) days prior to a hearing date. Notice of the alleged violation shall be posted on the property and mailed via US First Class mail, postage pre-paid, to the owner. The clerk for the bureau of administrative adjudication shall cause notice of a scheduled hearing to be sent at least fifteen (15) days in advance of the hearing date. Ownership and lessee information shall be obtained via the records located in Jefferson Parish Mortgage and Conveyance Office, the Sheriff's Office or the Jefferson Parish Water Department. The hearing notification shall state the time, date and location of the hearing, and state the alleged violations; and it shall be sent by certified or registered U.S. mail to the owner, and the violator if he/she is not the owner, or personally served on the owner and/or violator at the address(es) as listed in the assessor's office of the parish or address obtained from other reliable source upon verifying ownership and/or tenancy information with the mortgage and conveyance office and/or sheriff's office or other reliable source and at any additional address if the enforcement agency desires to have service made at multiple addresses. The date of the postmark shall be deemed to be the date of delivery which will be a minimum of fifteen (15) days prior to the scheduled hearing. Any notification so sent and returned by the U.S. Post Office shall be considered as having fulfilled the notification requirement. Proof of notification via mail, posting of notices and attempts at service shall be entered in the record of each case prior to the hearing.

(b)

In addition to the personal or mail service required by paragraph (a) of this section, if a violation relates to property, a copy of the hearing notice shall be affixed in a prominent location on the property on which a violation is alleged, or if safe access to the property is not reasonably practicable, on some prominent fixture on the adjacent public right-of-way as near as possible to the property, at least five (5) days in advance of the date of the hearing. It shall be unlawful for any person other than an agent of the parish to remove such notice posted on the public right-of-way prior to the commencement of the hearing.

(c)

The notice of violation shall be, as much as possible, in laymen's language susceptible of understanding by a person of normal capacity, and shall, in large print, inform the person noticed of the need to appear and the risk of penalties and liens being imposed.

(d)

Failure of any person charged with a violation to appear at the hearing shall be considered an admission of liability for the charged violation; provided that the notice requirements established in paragraphs (a), (b) and (c) of this section have been satisfied, and provided further that a hearing officer, in his sound discretion and for good cause shown, may vacate an order issued on the basis of such an admission and re-open the proceedings, and shall do so when requested by the appropriate director.

(e)

Any order compelling the attendance of witnesses or the production of documents shall be enforced by the proper parish court of the Parish of Jefferson or by any other court of competent jurisdiction, in the same manner as any subpoena in a civil manner.

(f)

Complaints may be initiated by the public and violation notices will be issued upon the submission of affidavits and/or documentary evidence sufficient to prove the existence of health, housing, fire code, environmental, or historic district ordinance violations, or any matters involving licensing and permits and any other ordinance violations that may be determined by the Jefferson Parish Council, as determined by the enforcement agency or department director.

(g)

Any administrative adjudication hearing held under the provisions of this chapter shall be conducted in accordance with the rules of evidence of the Administrative Procedure Act. Testimony of any person shall be taken under oath, and shall be recorded. The person charged with the ordinance violation may present any relevant evidence and testimony at such hearing and may be represented by an attorney at law. However, his/her physical presence shall not be required at the hearing, and a failure to appear shall not be deemed an admission under paragraph (d) of this section, if documentary evidence, duly verified by such person, is submitted to the hearing officer prior to the date of the hearing.

(h)

In determining the amount of any fine or penalty, the hearing officer shall consider the age, financial circumstances and physical and mental capacity of the violator and the degree of hardship which the fine or penalty will impose, and shall weigh those factors against the degree of culpability of the violator and the gravity of the offense, and the damage to the public health, safety, welfare, and convenience and the cost to the parish or to others occasioned by the offense.

(i)

At the close of the hearing, the hearing officer shall issue a final order stating whether or not the person charged is liable for the violation, the amount of hearing costs, any fine or costs assessed against him or her and a date by which the violation(s) shall be corrected. If a matter is taken under advisement by the hearing officer, said order shall be issued not more than thirty (30) legal days of the close of the hearing. The final order shall be served via certified or registered mail to the parties the hearing notice was served. The final order shall notify the violator of the right of appeal. The date of the postmark shall be deemed to be the date of delivery and considered as having fulfilled the notification of order requirement.

(j)

The hearing officer may, for each separate violation, order the payment of fines and hearing costs, the total of which shall not exceed the maximum which may be imposed on a misdemeanant by the parish courts; provided, however, that no civil fines or hearing costs imposed may exceed those specified for the criminal violation of the same ordinance. All such fines and costs shall be paid into the general fund, unless it is otherwise provided by law. The director of finance may authorize the hearing officer or the head of the enforcement agency or department to accept payment on his behalf.

(k)

The hearing officer, for good cause, may suspend all or a portion of his final order and may make any suspension contingent on the fulfillment of some reasonable condition.

(l)

In cases where the hearing officer or director has reason to believe that an order will cause dislocation or other hardship to a violator, or some other person, the director shall furnish a copy of the order and a brief statement to the nature of the hardship to the office of the parish president and to any other public or private officer or agency he deems appropriate.

(m)

Interlocutory orders shall be served in the manner provided by any specifically applicable state law or, if no other law applies, by a duly commissioned peace officer by personal or domiciliary service; provided that interlocutory orders may be served by mail on a respondent who has actually been served with a notice of violation or who has made an appearance.

(n)

Any order assessing a fine or costs and/or ordering remediation or corrective action on or prior to a certain date may be enforced by the Parish Courts of Jefferson Parish. The parish attorney's office may file contempt or other enforcement proceedings by making an order executory in the Environmental Section of the Twenty-Fourth Judicial District Court or the Parish Courts of Jefferson Parish.

(Ord. No. 18860, § 1, 9-15-93; Ord. No. 21505, §§ 4, 5, 2-6-02; Ord. No. 23138, § 2, 9-19-07; Ord. No. 23257, § 1, 2-27-08; Ord. No. 23529, § 1, 4-15-09; Ord. No. 24427, § 1, 2-27-13)