§ 24-3. Order of notice to remove.  


Latest version.
  • (a)

    The parish council shall serve notice on the owner of the property declared as a nuisance as defined in section 24-1. Notice shall be served via delivery by a law enforcement agent, by registered or certified mail (return receipt requested), or by publication in the official journal in accordance with the requirements of this article. Property owners shall be allowed 60 days from date of the said notice to either:

    (1)

    Remove or abate the nuisance; or

    (2)

    At a public hearing of the parish council, show cause why there is no need to remove or abate the nuisance or request additional time for compliance.

    (b)

    The parish council has authority to grant extensions of the time required for compliance with this article. No extension may exceed an additional 60 days. The extension shall be in writing and shall be final unless appealed within five days as hereinafter provided.

    (c)

    If, in the opinion of the parish council, the facts justify that a nuisance actually does exist, and that a time extension is not warranted, the property owner shall abate the nuisance within 30 days of the hearing.

    (d)

    The owner, or representative of the owner, may appeal the decision of the parish council to the district court having jurisdiction over the property. The appeal shall be made by filing suit against the parish council, setting forth the reasons why the decision or order of the parish council is illegal or improper and the issue shall be tried de novo and by preference in the district court.

    (e)

    If the nuisance is not removed and/or abated in the 60 days allowed by the notice, or the time allowed by any extension given, then the parish council shall cause a work order to be issued to remove the nuisance and the property owner shall be charged for all costs involved, including administrative costs and attorney's fees, in accordance with the requirements of this article. Further, neither the parish council or any employee/contractor thereof shall be liable for any damages on said property.

    (f)

    If attempts by law enforcement agents or the U.S. Postal Service via certified mail to deliver the notice are not satisfactory, then a legal notice will be published once a week for three consecutive weeks in the official journal of the parish, giving the owner public notice that, following the third publication, they shall be allowed 60 days to remove and/or abate the nuisance, or the parish council shall cause a work order to be issued to immediately remove and/or abate the nuisance and the property owner shall be billed as described in this article.

(Code 1979, § 12-61; Ord. of 8-6-1996, § 6; Ord. No. 18-06-1228-OR, 6-5-2018; Ord. No. 19-02-1255-OR, 2-5-2019)

Editor's note

Ord. No. 19-02-1255-OR, adopted February 5, 2019, renumbered § 24-129 as § 24-3, as set out herein.