§ 24-171. Notice to owner; absent owner; hearing; notice filed with recorder of mortgages.

(a)

Before the parish council may condemn any building or structure, there must be submitted to it a written report recommending the demolition or removal of the structure signed by a parish official or other person authorized by the parish president to act in such matters on behalf of the parish. The parish president, or his designee, shall thereupon serve notice on the owner of the building or structure requiring him to show cause, at a meeting of the parish council, regular or special, why the building or structure should not be condemned. The date, hour, and location of the meeting shall be stated in the notice which shall be served at least ten days prior to the date of the hearing, except in cases of grave public emergency as hereinafter provided. The notice may be served by:

(1)

Mailing via the United States Postal Service by either registered or certified mail, return receipt requested, to the owner at his last known address. 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. 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 provision shall be considered personal service and is effected when mailed.

(2)

The notice may also be served by the city marshal of the Breaux Bridge City Court with regard to property situated in the unincorporated area of that court's jurisdiction or by any sheriff, deputy sheriff, or constable having jurisdiction and power to serve legal process when the owner of the building or structure is found in the state. The officer shall make a return of the service as in ordinary cases.

(b)

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 to represent the absentee. Domiciliary service may be made as in ordinary cases.

(c)

In case of grave public emergency where the condition of the building is such that it causes possible immediate loss or damage to person or property, the parish council may condemn the building after 24 hours notice served upon the owner or his agent or the occupant and the attorney at law appointed to represent the absentee owner.

(d)

Any notice served pursuant to this section shall be filed with the recorder of mortgages where the property is located. Once filed, the notice shall be deemed notice to all subsequent transferees. Any transferee of such property takes same subject to all recorded liens, mortgages, and notices thereunto pertaining.

(Ord. No. 18-03-1214-OR, 3-6-2018)