§ 40-795. Procedure; meetings.  


Latest version.
  • (a)

    Rules of procedure. The board shall adopt rules of procedure not in conflict with any state act or parish ordinance.

    (b)

    Evidence. The chairman or the acting chairman may administer oaths whenever applicable. Any party may appear in person or by agent or by attorney. The board, however, shall not be bound by legal rules of evidence.

    (c)

    Meetings. Meetings of the board shall be held on call of the chairman of the board or on call of a majority of the members of the board. All meetings of the board shall be open to the public. The director of inspection and code enforcement or his representative shall produce all papers, correspondence, and records requested by the board and shall be present at any meetings or hearings when requested by the board.

    (d)

    Minutes/record. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact and shall keep records of its examinations and other official action all of which shall be filed immediately in the office of the board and shall be public record. All testimony, objections thereto, and rulings thereon shall be taken down by a recorder for that purpose. The board shall have the power and authority to appoint a secretary, who shall not necessarily be a member of the board, in which event the salary of such secretary shall be fixed by the board. It shall be the duty of the secretary to keep the said minutes and a true and correct record of all proceedings had at such meetings, both general and special of said board, in a book or books to be kept specially for that purpose. Certified copies of the minutes of all such proceedings shall be furnished the director of inspection and code enforcement.

    (e)

    Decision. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of the inspection and code enforcement director, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variance of such ordinance.

    (f)

    Reasons for judgment. Every appeal, exception or variance granted or denied by the board shall be accompanied by a written finding of fact, based upon testimony, evidence, or inspections by the board, specifying the reason(s) for granting or denying the said appeal, exception or variance or the board shall otherwise record in its minutes or tape recording of the hearing(s) the pertinent and material facts and the reason(s) upon which its decisions are based.

    (g)

    Cancellation and rescheduling of meetings.

    (1)

    A meeting of the board shall be canceled if a quorum is not present.

    (2)

    During times of great public crises, disaster, rioting, catastrophe, severe weather conditions or similar public emergency, the chairman of the board may cancel a meeting of the board at which a public hearing is scheduled.

    (3)

    The public hearing for all cases on the docket of board so canceled shall be held at the next regular scheduled public hearing meeting of the board.

    (4)

    Notice of the original hearing shall constitute notice of the rescheduled hearing. The chairman may also disseminate notice of the cancellation and rescheduling through any available public information service during the emergency situation.

(Ord. No. 20783, § 3(XXII(5)), 9-22-99; Ord. No. 22670, § 17, 1-11-06)