§ 29-1. Excavating or obstructing roads.

(a)

The department of streets shall issue all permits for any work, excavation, or activity required by this Article I. of this chapter and the fees for said permits shall be calculated according to the provisions for calculating construction permit fees under section 35.5-60 of the Jefferson Parish Code of Ordinances.

(b)

Whenever a permit for any work, excavation, or activity is required by this chapter, it shall be a misdemeanor and a violation of this section for any person to commence or continue said work, excavation or activity without having first obtained such permit.

(c)

Whenever any person commences such work without such a permit or continues any work, excavation, or activity that interferes with the operation or maintenance of streets, public utilities or other public works, or is in violation of this chapter or of the conditions of a permit issued under this chapter, either the parish department of streets or the parish department of inspection and code enforcement is authorized to issue and enforce an order to cease and desist from said work, excavation, or activity. Said order shall be subject to review and all of the procedures related to said order shall be conducted in the same manner as is provided for a "cease and desist" order for violation of the parish building code.

(d)

In addition, any violation of this section shall be deemed a violation of a public health and environmental ordinance and shall be subject to civil administrative adjudication by the parish administrative hearing officer.

(e)

The provisions of this section shall be applied both retroactively and prospectively to all permits that have been, or will be, issued for utility and similar construction projects on parish servitudes, rights-of-way or other property owned by, or under the control of, the parish, or, its districts or sub-districts as well as to any such projects that have commenced without a parish permit.

(Code 1961, § 15-4; Ord. No. 21481, § 4, 1-9-02)

State law reference

Closing, obstructing or changing roads, R.S. 48:512.