§ 8-40. Enforcement.

(a)

Inspection. The building inspector or his designee shall inspect any residential or commercial structure when:

(1)

An occupancy permit is requested by anyone for the structure; or

(2)

It is reported to the city that such structure is unsafe, unsecured or dilapidated; and only after a reasonable attempt is made to give the owner notice of the inspection.

(b)

Warnings, citations and summons.

(1)

Occupied structures found to be dilapidated or unsafe .

a.

Warning citation. If upon inspection, the building inspector or his designee finds an occupied structure to be dilapidated or unsafe, he shall issue a written warning of violation. The first warning issued to any owner, agent, occupant or tenant on any property for violation of any provision of this article shall be a warning citation. Such citation shall contain the following:

1.

Shall be entitled "Warning Citation";

2.

Shall set forth those conditions of the premises which are in violation of the provisions of this article;

3.

Shall inform the recipient that, should the violations not be corrected within 90 days, a citation and summons may be issued requiring the recipient to appear before the building maintenance commission;

4.

Shall inform the recipient that any questions or comments concerning the violation should be directed to the office of the building inspector and shall include the building inspector's telephone number;

5.

Shall be signed by the issuing inspector; and

6.

Shall be signed by the recipient. Refusal by the recipient to sign should be so indicated.

b.

Reinspection. The building inspector shall cause the occupied premises upon which a warning citation is issued to be reinspected following the expiration of the 90 days allowed for taking corrective action. For good cause shown, the building inspector may extend the deadline to correct violations for a period not to exceed an additional 180 days. If the owner, agent, occupant or tenant has failed to correct the cited violations within the prescribed period of time, the building inspector shall then issue a citation and summons for appearance before the building maintenance commission.

(2)

Unoccupied structures found to be abandoned, unsecured, dilapidated or unsafe.

a.

Warning citation. If upon inspection, the building inspector or his designee finds an unoccupied structure to be abandoned, unsecured, dilapidated or unsafe, he shall cause to be served upon the record owner of the structure a written warning of violation by certified mail or by formal service of process issued by order of the mayor. The first warning issued to the record owner of any property for violation of any provision of this article shall be a warning citation. Such citation shall contain the following:

1.

Shall be entitled "Warning Citation";

2.

Shall set forth those conditions of the premises which are in violation of the provisions of this article;

3.

Shall inform the recipient that, should the violations not be corrected within 90 days of receipt of the warning citation by certified mail or service of process, a citation and summons may be issued requiring the recipient to appear before the building maintenance commission;

4.

Shall inform the recipient that any questions or comments concerning the violation should be directed to the office of the building inspector and shall include the building inspector's telephone number;

5.

Shall be signed by the issuing inspector.

b.

Reinspection. The building inspector shall cause the unoccupied premises upon which a warning citation is issued to be reinspected following the expiration of the 90 days allowed for taking corrective action. For good cause shown, the building inspector may extend the deadline to correct violations for a period not to exceed an additional 90 days. If the owner, agent, occupant or tenant has failed to correct the cited violations within the prescribed period of time, the inspector shall then issue a citation and summons for appearance before the building maintenance commission and shall serve same by certified mail or by service of process issued by the mayor.

(c)

Hearing.

(1)

A hearing before the building maintenance commission shall be conducted if a building or structure has, upon reinspection, been found by the building inspector or his designee to be in violation of the provisions set forth in this article, and a citation and summons has been issued for the owner, agent, occupant and/or tenant to appear.

(2)

The city shall have the burden of proving that the property is dilapidated, abandoned, unsafe, or unsecured according to the definitions and standards set forth herein.

(3)

All parties shall be entitled to present testimony and submit documents for review by the building maintenance commission.

(4)

After completion of the presentation of testimony and submission of exhibits by all parties appearing at the scheduled hearing, the building maintenance commission shall make findings of fact as to whether or not the building or structure constitutes dilapidated, abandoned, unsafe, or unsecured property according to the definitions and standards set herein and whether the building is in such condition as to make it dangerous to the health, safety or welfare of its occupants. The findings of fact shall be reduced to writing.

(5)

If the building maintenance commission finds that the building or structure is in violation of the standards and definitions set forth herein the building maintenance commission shall issue an order directing the owner, occupant and all other persons having an interest in said building as shown by the mortgage and conveyance records of the parish where the land is located:

a.

That the building shall be vacated if same is occupied and the building maintenance commission finds that the building is in such condition as to make it dangerous to the health, safety or welfare of its occupants;

b.

That the building shall be either repaired if it can reasonably be brought into compliance by repair, or demolished and removed, at the owner's option;

c.

That the building be demolished and removed if it cannot reasonably be repaired; or

d.

If the building is unoccupied and the condition of the building is such that it may be brought into compliance by securing it from unauthorized entry, then the order may provide that it be secured and be kept secured and may include or adopt written specifications that must be complied with in securing the building and the order may provide that the building be demolished and removed if it is not secured in compliance therewith.

(d)

Appointment of attorney. The mayor shall appoint an attorney at law to represent an owner in the following cases:

(1)

If the owner is an absentee, as defined in this section.

(2)

If the owner is dead, no succession representative has been appointed, and his heirs and legatees have not been sent into possession judicially.

(3)

If the owner is a corporation, a limited liability company, or partnership on which process cannot be served for any reason.

(4)

If the owner's subject property is under the administration of a legal representative, but the latter has died, resigned or been removed from office and no successor thereof has qualified, or has left the state permanently without appointing someone to represent him. If an attorney has been appointed to represent an owner as provided in this section, then any notice required by this article shall be served upon that attorney and upon the occupant of the subject building or structure, if any.

(e)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Absentee means a person who is either a nonresident of this state; or a person whose whereabouts are unknown, or who cannot be found and served after a diligent effort, though he may be domiciled or actually present in the state; or a person who may be dead, though the fact of his death is not known, and if dead his heirs are unknown.

Nonresident means an individual who is not domiciled in this state, a foreign corporation which is not licensed to do business in this state, or a partnership or unincorporated association organized and existing under the laws of another state or a possession of the United States, or of a foreign country and includes a limited liability company which is not organized under the laws of and is not then licensed to do business in this state.

All proceedings against such an owner shall be conducted contradictorily against the attorney at law appointed by the mayor to represent that owner.

(f)

Service.

(1)

Service of any document or instrument required to be given in this article, including, but not limited to, any notice, summons, citation or order, may be served by mailing it via the United States Postal Service, by either registered or certified mail, return receipt requested, to the owner at the owner's last known address.

(2)

Service by registered or certified mail shall be considered personal service if the certified return receipt or the return form is signed by the addressee. Service by registered or certified mail shall be considered domiciliary service if the certified return receipt or the return form is signed by anyone other than the addressee.

(3)

If the registered or certified mail is returned for failure to obtain a signature on the return receipt form or returned due to refusal of delivery, service may be accomplished by first class mail, with a certificate of mailing. Service by first class mail in accordance with this subsection shall be considered personal service and is effective when mailed.

(4)

Service may also be made by any police officer of the municipality or by any sheriff or deputy sheriff or constable having jurisdiction and power to serve legal process where the owner of the building or structure is found in the state, and the officer shall make return of the service as in ordinary cases.

(5)

If the owner is absent from the state or unrepresented therein, then the notice shall be served upon the occupant of the condemned building or structure, if any, and also upon an attorney at law appointed by the parish president, police jury, mayor or chief executive to represent the absentee. Domiciliary service may be made as in ordinary cases.

(Code 1968, § 5-26; Ord. No. 2007-09, § 4, 12-4-2007; Ord. No. 2010-06-A, 7-6-2010; Ord. No. 2010-06-B, 7-6-2010)