§ 38-180. Piping for sewer mains; repair of defective plumbing fixtures.

(a)

Piping material. Only vitrified clay and cast iron piping as approved by the state sanitary code and polyvinyl chloride sewer pipe and fittings meeting ASTM standard D2729-68 may be used for sewer services, except that said polyvinyl chloride sewer pipes shall not be used under any building slabs.

(b)

Replacement of condemned, unsanitary plumbing fixtures. Whenever any plumbing fixtures in any building are condemned by the city inspector on account of their foul, unwholesome, imperfect or unsanitary condition, they shall be replaced by such installations as may be required to bring them to a sanitary condition.

(c)

Responsibility of owner or consumer to repair defect. If a break, defect or leak is found in any pipe or fixture causing or permitting the leakage into or out of a sanitary sewer, main or service, it shall be the duty of the owner of or the consumer on the premises on which such leakage occurs to have such defect repaired.

(d)

Notice to owner of unsanitary condition. When the city inspector learns of a defective sewer service, main, fixture, pipe or other facility, he shall be required to write a letter to the property owner or his agent demanding that the unsanitary conditions be rectified. A copy of such letter shall also be submitted to the mayor.

(e)

Penalty for failure to correct unsanitary condition. Should the property owner or his agent fail to comply with the requirements of the inspector's request within 30 days of the date of such letter, the property owner or his agent shall be subject to the penalty provisions of section 1-9.

(f)

Civil remedy by city for failure to correct defect. Subsequent to the notice provided for above and the 30-day period given for compliance, the mayor may elect to seek the civil remedy below as opposed to the foregoing criminal remedy for the property owner or agent's failure to comply with said notice.

(g)

Repair at owner's expense. In the event that the mayor shall elect to seek a civil remedy to the foul, unwholesome, imperfect or unsanitary condition on private property, he shall cause said condition to be repaired at the owner's expense and then shall deliver to the city tax collector a duplicate copy of the aforementioned notice together with a statement of the cost of repairing the aforementioned defective condition.

(h)

Establishment of lien for cost of repairs. The tax collector, upon receiving the copy of the notice and the statement aforementioned, shall file said notice and statement with the clerk of court in and for the parish, and the clerk shall forthwith record same in the mortgage records of the parish; and when so filed and recorded, the same shall operate as a first lien upon the property involved and shall be prior in rank to mortgages, vendor's privileges and all other liens except tax liens.

(i)

Extension of levy upon assessment roles. Upon recordation of the notice and statement in the mortgage records of the parish, the city tax collector shall levy and assess the owner of the property with the costs as contained in the statement aforementioned, and shall extend the amount levied upon the assessment roll of the city in the name of the owner of the property involved in the year the same is collective.

(j)

Collection of special assessment. It shall be the duty of the tax collector to collect the special assessment provided for herein at the same time and in the same manner as other city taxes on the property shall be collected, and said tax collector shall keep a separate record of such collections.

(Code 1968, § 20-67; Ord. No. 436, §§ 2—5, 5-15-1980)