§ 27-110. Enforcement procedures.

Whenever an enforcement officer determines that a site is an artificially induced mosquito breeding area, the enforcement officer is authorized to give, or cause to be given, to the responsible party notice by personal service, posting or certified mail, to take corrective action to abate the mosquito breeding.

(1)

Abatement by owner. Upon notification of violation, as provided in this division, the proprietary party, his representative or any person acting in concert with him or them shall jointly or severely abate the artificially induced mosquito breeding area and/or prohibited activity or condition by removing the offending matter or taking corrective action to abate said artificially induced mosquito breeding area and/or prohibitive activity or condition within five (5) calendar days of the receipt of the notice.

(2)

Abatement of artificially induced mosquito breeding area by parish. Not withstanding whether any injunctive or other judicial relief is petitioned for in accordance with the provisions of this division, if the violation exists and is not abated within five (5) days of receipt of notification, the parish, through the department of environmental affairs, is hereby authorized to take corrective action to abate the artificially induced mosquito breeding area, at the responsible party's expense. The responsible party shall pay the department of environmental affairs for the costs of performing such abatement, which includes all expenses, fines, penalties, interest and administrative costs.

(3)

Work to be done by parish employee or independent contractor. In connection with any work performed pursuant to this section, the department of environmental affairs may proceed to have the necessary work done either by its own employees or by an independent contractor. The responsible party has five (5) calendar days from receipt or posting of the citation to request a hearing before the Jefferson Parish Bureau of Administrative Adjudication.

(4)

Corrective action at responsible party's expense. The Jefferson Parish Department of Environmental Affairs shall take corrective action to abate the artificially induced mosquito breeding five (5) calendar days from the date of the receipt of the citation by the responsible party if the responsible party does not correct the violation in that period. The responsible party shall pay the Jefferson Parish Department of Environmental Affairs for the cost of performing such abatement, which includes all expenses, fines, penalties, interest and actual administrative costs. The responsible party shall make payment to the Jefferson Parish Department of Environmental Affairs within fourteen (14) days of receipt of the payment invoice from the Jefferson Parish Department of Environmental Affairs.

a.

If the responsible party fails to pay [the] Jefferson Parish Department of Environmental Affairs as per the provisions of this section, the department of environmental affairs shall file a lien in the amount of all expenses incurred in correcting the condition, including all fines, penalties, interest and actual administrative costs, in accordance with the provisions of R.S. 33:1236(50) or any state law succeeding or supplemental thereto.

b.

Such liens shall be enforceable in the same manner as a tax lien and may be satisfied at any time by payment thereof, including accrued interest. Upon such payment, the clerk of court shall, by appropriate means, evidence the satisfaction and cancellation of such liens upon the record thereof. Notice of such a lien may be filed in the Office of the Clerk of the Twenty-Fourth Judicial District Court, and recorded among the public mortgage and conveyance records of Jefferson Parish, Louisiana.

(5)

The hearing provided for in this section shall be conducted not sooner than five (5) calendar days, but not later than twenty (20) calendar days after receipt of the appeal.

(6)

If the responsible party is found guilty by the hearing officer, the responsible party shall pay a fine in accordance with section 21 [section 27-114] of the Jefferson Parish Code of Ordinances, and will be required to pay the Jefferson Parish Department of Environmental Affairs the cost of abating the artificially induced mosquito breeding as performed and defined herein.

(Ord. No. 21727, § 1, 12-11-02)