§ 40-174. Violations.

(a)

Injunction. Whenever a person has engaged or is about to engage in any act or practice which constitutes a violation of this section, the Parish of Jefferson may make application to the appropriate court for an order enjoining such act or practice, requiring such person to refrain from such perspective violation, or to remedy such violation by restoring the affected property to the previous condition.

(b)

Penalties.

(1)

Except as provided in subparagraph (2) and as provided for in the tree protection regulations, any owner, agent, lessee or other person acting for, alone or in conjunction, who violate the provisions of this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for such violation. Each day that a violation continues shall constitute a separate offense.

(2)

Any owner, agent, lessee or other person acting alone or in conjunction who shall demolish a structure or portion of a structure within the Old Metairie Neighborhood Conservation District in violation of the provisions of this section shall be subject to a maximum monetary fine of five hundred dollars ($500.00) per violation. Each day that a violation continues shall constitute a separate offense.

(3)

All monetary proceeds from fines imposed in the Old Metairie Neighborhood Conservation District (OMNCD), excluding court costs, shall be paid to the department of parkway and shall be placed in a special account dedicated to the planting or maintenance of trees on public property within the OMNCD, with second priority given to the Metairie Ridge Tree Preservation District, and third priority given to Council District Five (5).

(Ord. No. 23201, § 2, 12-12-07; Ord. No. 24169, § VI, 12-7-11)