§ 27-181. Threat to health and safety; contempt.

(a)

[ Authorized representative. ] For purposes of this section, an "authorized representative" shall include the director of the department of water, the director of inspection and code enforcement, the director of the department of environmental affairs, the local fire chief, or the safety director, representatives of the health department, and/or representatives of the parish attorney.

(b)

[ Discontinuation of water services. ] Authorized representatives may discontinue water services to any building or area determined to constitute a "threat to the health and safety" by an authorized representative of the parish until the threat is no longer deemed to exist.

(c)

[ Reconnection. ] In the event that water services are discontinued, services shall be reconnected upon proof of compliance with the requirements of this code or upon court order and after payment of any fees due the water department.

(d)

Disconnection. Should it be necessary for an authorized representative to cause water services to be discontinued, such shall only occur after due notification.

(e)

Notification of disconnection. The authorized representative of the parish must attempt to notify the owner of the property and the occupants of the property at least ten (10) days, inclusive of weekends and parish holidays, before the scheduled date to discontinue. Such notice must be sent by mail with delivery confirmation, and a copy of the notice must also be posted on the property. Such notice posted on the property shall be affixed in a prominent location on the property, at least four (4) days before the date scheduled to be discontinued.

(1)

The notice must include: The agency or department of the authorized representative causing the discontinuation, it's address and telephone number; the service(s) that shall be discontinued; the date on which service(s) shall be discontinued, and the approximate hour by which such is anticipated to occur; that the owner/occupant has an opportunity to dispute the discontinuation by seeking to have an injunction issued against the parish, by a court of competent jurisdiction; or by contacting an authorized representative of the parish seek an extension, or to determine whether the property and its occupants fall under one (1) of the exceptions; and the reason(s) why the property has been determined to constitute an "immediate threat".

(f)

Exception. If there are minor children living on the premises or if there is a sick person living on the premises, the authorized representatives of the parish may grant an extension before causing the discontinuation. The period of such extension shall in no case be longer than thirty (30) days, unless a further extension is granted by court order, or unless the property owner or occupant provides authorized representatives of the parish with sufficient proof that all necessary repairs to correct violations constituting a "threat to health and safety" shall commence on a specific date.

(g)

Sufficient proof of repairs. Any of the following shall constitute sufficient proof of the date of commencement of necessary repairs: (i) A certified copy of contract between owner/occupant and contractor to begin work, so long as the date upon which work is to commence is stated therein; (ii) A certified copy of an invoice from a contractor, so long as the date upon which work is to commence is stated therein; (iii) the issuance of a permit by the department of inspection and code enforcement, so long as permit is issued for all of the necessary repairs which would bring the property into compliance and all work performed within thirty (30) days of issuance.

(h)

Contempt. Authorized representatives of the parish may also cause water services to be finalized, and may cause the building or property to be closed, and occupancy thereof denied, if the owner/occupant fails to comply with an order by a court of competent jurisdiction. Finalization of water service(s) may occur per a rule for contempt issued due to noncompliance with any of the requirements of this chapter, or for doing work on the property in contradiction to any requirements of this chapter.

(Ord. No. 23258, § 2, 2-27-08)