§ 22-93. Cutting and removal by city; lien for costs; interest; penalties, attorney's fees.

In the event the owner of the lot, area or place within the city fails to comply with the notice provided for in section 22-92, within the allotted five days, the mayor, or his designee, may:

(1)

Cut, destroy and remove such weeds, grass or other deleterious, unhealthy growths, trash, garbage or other obnoxious matter;

(2)

Return said lot, area or place to a safe, healthful and attractive condition, at the owner's expense;

(3)

Compute the cost to the city of such operations, prepare and record in the mortgage records in the office of the clerk of court for the parish a lien showing the name of the owner and description of the property involved for the costs, including the costs of cleanup, administrative expenses and attorney's fees actually expended, which lien shall be prior in rank to mortgages, vendor's liens and all other privileges or liens upon such property, except tax liens, and which lien shall garner interest at the legal rate from the date of recordation of the lien until paid and shall be subject to a penalty of five percent for each 30 days, or fraction thereof, of delinquency, not to exceed 25 percent of the aggregate of costs and interest due;

(4)

Additionally, the city may undertake the cutting, destruction or removal of noxious weeds or grass or other deleterious, unhealthful or noxious growths upon the property on a monthly basis without the notice required by section 22-92, if the property owner liable has been notified pursuant to section 22-92 at any time during the immediately preceding 12 months and has failed to do the work himself after an opportunity to do so. The governing authority of the city, prior to undertaking such monthly work, shall file and record an affidavit, signed by the mayor of the city, with its city clerk which affidavit shall include a description of the property sufficient to reasonably identify its unsafe and unsanitary condition and to justify the necessity of cutting, destroying or removing weeds, grass or other noxious growth; and a statement that the property owner liable has, within the past 12 months, failed to do such work after notification and an opportunity to do so pursuant to section 22-92; and

(5)

In the event of suit to enforce such lien, the city may enforce the lien and recover additional attorney's fees at the rate of 15 percent for the aggregate of costs, expenses, interest, penalties and other fees due.

(Code 1968, § 10-52.2; Ord. No. 522, § 1, 10-1-1996; Ord. No. 560, 10-2-2001)