§ 33-1.13. Enforcement.

(a)

Violations . The remedies provided in this section for violations of any provision of this UDC, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law. Except as otherwise provided in this UDC, any development or use initiated after adoption of this UDC, or maintained in violation of this UDC, which is not in compliance with the provisions of this UDC is prohibited and shall be punishable as such. Any of the following shall be a violation of this UDC and shall be subject to the remedies and penalties provided for in this UDC; including, but not limited to:

(1)

Activities inconsistent with this UDC. To engage in development or subdivision of any land in contravention of any regulation of this UDC.

(2)

Activities without permit or approval. To engage in any subdividing, development, construction, or other activity of any nature upon land that is subject to this UDC without all of the approvals required by this UDC.

(3)

Activities inconsistent with permit. To engage in any development, use, construction, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required by this UDC to engage in such activity.

(4)

Activities inconsistent with conditions. To violate, by act or omission, any term, condition, or qualification placed by a decision-making body upon any permit or other form of authorization granted pursuant to this UDC.

(5)

Removing or defacing required notice. To remove, deface, obscure or otherwise interfere with any notice required by this UDC.

(b)

Separate offenses may be charged. Each day that a violation remains uncorrected shall constitute a separate violation of this UDC, with such violations beginning ten (10) days after the property owner has been notified in writing of such violation by the parish.

(c)

Civil remedies and enforcement powers. In case any development activity occurs in violation of this UDC, the parish, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful development activity, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land or to prevent any illegal act, conduct, business, or use in or about such premises. The following remedies and enforcement powers may be used to administer and enforce this UDC:

(1)

Withhold permit. The parish may deny or withhold all permits, certificates, approvals, or other forms of authorization on any land, structure, or improvements thereon upon which there is an uncorrected violation of a provision of the Jefferson Parish Code of Ordinances or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the parish. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.

(2)

Permits approved with conditions. Instead of withholding or denying a permit or other authorization, the parish may grant such authorization subject to the condition that the violation be corrected.

(3)

Revoke permits. Any development permit or other form of authorization required under this UDC may be revoked when the parish determines that:

a.

There is departure from the plans, specifications, or conditions as required under terms of the permit;

b.

The development permit was procured by false representation or was issued by mistake; or

c.

Any of the provisions of this UDC are being violated.

Written notice of such revocation shall be served upon the owner, the owner's agent or contractor, or upon any person employed on the building or structure for which such permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.

(4)

Stop work. With or without revoking permits, the parish may stop work on any development activity on any land on which there is an uncorrected violation of a provision of this UDC or of a permit or other form of authorization issued hereunder.

(5)

Revoke plan or other approval. Where a violation of this UDC involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the parish may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected) and after a public hearing, revoke the approval or condition its continuance on strict compliance with this UDC, the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the parish may reasonably impose.

(6)

Injunction and abatement. The parish, through its authorized agents, may initiate injunction or abatement proceedings or other appropriate action in the district court against any person who fails to comply with any provision of this UDC, or any requirement or condition imposed pursuant to this UDC, to prevent, enjoin, abate, or terminate violations. The parish may seek a court order in the nature of mandamus, abatement, injunction, or other action for proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

(d)

Penalty .

(1)

Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells or agrees to transfer or sell any land by reference to or exhibition of or by other use of a plat of a subdivision or a plan for the land, before such plat or plan has been approved and recorded or filed with the Jefferson Parish Clerk of Court, shall make the instrument of transfer subject to compliance with laws, ordinances, and regulations relative to the development of subdivisions.

(2)

Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells or agrees to transfer or sell any land by reference to or exhibition of or by other use of a plat of a subdivision or a plan for the land, before such plat or plan has been approved and recorded or filed with the Jefferson Parish Clerk of Court, without making the instrument of transfer subject to compliance with laws, ordinances, and regulations relative to the development of subdivisions or land, shall be prohibited from obtaining a permit, certificate, approval, or other form of authorization until the instrument of transfer is rectified. The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided. The parish may enjoin such transfer or sale or agreement by suit for injunction brought in any court of competent jurisdiction.

(e)

Notification procedures . Whenever a violation of this UDC occurs, the parish shall give written notice of such violation either personally or by First-Class United States mail to the owner(s) of the property and the person(s) responsible for the violation, if known. Unless otherwise provided in this Code, the letter shall direct that within ten (10) days following the mailing or the personal receipt of the written notice, the violation shall be abated. If after such time the violation continues, the parish may issue a citation. If the violation is abated, but occurs again at a later date, the parish may issue citation directly without providing the owner(s) or the violator(s) any further notice, unless otherwise provided in this Code.

(Ord. No. 24989 , § I, 8-12-15; Ord. No. 25621 , § 1, 8-8-18)