St. Landry Parish Special Meeting Wednesday, October 5th
NOTICE IS HEREBY GIVEN that the ST. LANDRY PARISH COUNCIL will hold a SPECIAL MEETING and will be held as stated below:
DATE: WEDNESDAY, OCTOBER 5, 2016
TIME: 5:30 PM
LOCATION: OLD CITY MARKET, 131 W. BELLEVUE ST., OPELOUSAS, LA, 70570
for the following purposes, to-wit:
1. Adopt Ordinance No. 06 of 2016
ORDINANCE NO. 06 OF 2016
BE IT ORDAINED BY THE COUNCIL OF THE ST. LANDRY PARISH GOVERNMENT, that:
That the Ward 4 Precinct 2 polling location is hereby relocated from the Melville Civic Center located at 1105 First Street, Melville LA to the Melville Library located at 722 Ollie Street, Melville, LA.
2. Adopt Ordinance No. 07 of 2016
BE IT ORDAINED BY THE COUNCIL OF THE ST. LANDRY PARISH GOVERNMENT, that:
WHEREAS, The Governing authority of the Parish of St. Landry has declared that the presence of junked items poses a public nuisance which may be hazardous to the health, safety or welfare of the public, and may be detrimental to property values, economic stability or the quality of the environment.
WHEREAS, The Governing authority of the Parish of St. Landry prohibits the storing or abandoning of junk, wrecked or used automobiles or motor vehicles or any part of parts thereof, or any other junk, discarded or abandoned major appliances, such as refrigerators, freezers, ranges or machinery or other metal, tin or other discarded items, on any vacant lot, or any unused portion of any occupied lot, neutral ground, street or sidewalk, within the Parish.
WHEREAS, The term “junk, wrecked or used automobiles or motor vehicles” as used herein shall mean any motor vehicle which is totally inoperable, left unattended on any unused portion of any occupied lot, neutral ground, street or sidewalk, and is so damaged or dismantled as to be a total loss. The term “total loss’ shall mean that the cost to repair a damaged or dismantled motor vehicle exceeds the junk value of said vehicle, as determined by any recognized national appraisal book. Such junk motor vehicles shall be removed or otherwise disposed of after notice of not less than ten (10) days either placed on the vehicle itself or given to the owner, if known. Any vehicle which remains on the public ways or private property described above after notice given as provided in the Ordinance shall be considered as public property and disposed of by the Parish as the governing authority may designate. In the case of other abandoned property the Notice shall be given to the owner of the lot or parcel of ground upon which the junk material is located, and the cost of removing said material shall constitute a special lien collectible in the same manner as special assessments are collectible by law.
WHEREAS, The Governing Authority may provide for the removal of such abandoned junk by the Parish and for the collection of the cost of removal, not to exceed Two Hundred Dollars ($200.00) from the owner of the material and among other things, may require, but not by way of limitation, that any vacant lot or unused portion of any occupied lot used for the storage of junk, as herein defined, shall be surrounded or enclosed by a board fence or other enclosure.
WHEREAS, The St. Landry Parish Council hereby adopts and implements the following policy pursuant to the dictates of R.S. 33:4876.
SECTION 1. DEFINITIONS. For the purpose of this Ordinance, the following definitions shall apply:
Junked item shall be:
(a) Any unused major electrical appliances and/or parts thereof, including, but not limited to, washing machine(s), clothes drier(s), refrigerator(s), freezer(s), stove(s), water heater(s), and all furniture and waste other than agricultural solid waste.
(b) Machinery and/or equipment or parts thereof other than junked motor vehicles and unused major electrical appliances which, by reason of deterioration through rusting, rotting or otherwise, have become inoperable and/or unreasonable for the purposes for which they were intended.
(c) Construction debris.
(d)Waste paper, boxes and crates and/or parts thereof.
SECTION 2. DECLARATION OF PUBLIC NUISANCE.
(a) The presence of any junked item on any private lot, tract or parcel of land, or portion thereof, occupied or unoccupied, improved or unimproved, within the parish shall be deemed and is hereby declared a public nuisance and it shall be unlawful for any person to cause or maintain such a public nuisance by wrecking, dismantling, partially dismantling, rending inoperable, abandoning, or discarding any junked item on the real property of another or to suffer, permit or allow any junked item to be parked, left or maintained on his own real property.
(b) The presence of any junked item within the public right-of-way adjoining a private lot, tract or parcel of land that is occupied which is ineligible for solid waste collection pickup by the St. Landry Parish Solid Waste Disposal District shall be deemed and hereby declared a public nuisance.
SECTION 3. NOTICE TO OWNER TO ABATE NUISANCE.
(a) Whenever any junk, refuse, debris, inoperable machinery, or inoperable appliances,
including but not limited to refrigerators, freezers and ranges, located within the Parish of St. Landry are deemed to be a violation, the Parish President or his designee shall order the owner and occupant of the premises to abate and remove the same. A Notice shall be posted on the front door of the primary dwelling or building located upon said lot, parcel or tract, if so occupied and a written notice shall be published in the official journal of the Parish on one occasion, which notice shall include the municipal address and name of the property owner as indicated in the last published tax rolls, directing the owners and occupants of the lot, parcel or tract to remove said junk, refuse, debris, inoperable machinery, or inoperable appliances, including but not limited to refrigerators, freezers and ranges and to comply with the provisions of the preceding subsections within fifteen (15) days after posting or publishing of said Notice, not to include weekends or legal holidays, and shall direct that the failure to remove said junk, refuse, debris, inoperable machinery, or inoperable appliances, including but not limited to refrigerators, freezers and ranges may result in the same being removed by the Parish, or by a contractor on behalf of the Parish.
(b) This Notice shall:
(1) Be in writing;
(2) Specify the public nuisance and its location;
(3) Specify the corrective measures required;
(4) Provide for compliance within fifteen (15) days from service thereof;
(5) Provide procedures to request a hearing.
SECTION 4. MANNER OR SERVICE OF ORDERS AND NOTICES REQUIRED.
Any orders or notices required under this chapter shall be served by the following methods:
(a) The owner of the premises shall mean the person listed as owner of the premises in
question on the current parish property tax rolls, and the address shall be the last address shown on said rolls. Any orders or notices required to be served on the owner of the premises shall be considered satisfied by mailing said order or notice to the owner at the last known address.
(b) The occupant of the premises shall mean anyone residing on the premises in question.
Any orders or notices required to be served on the occupant of the premises shall be considered satisfied by mailing said order or notice to the occupant at the address on the premises or by attaching the same to the front door of the residence in question.
(c) In those cases where service of notices or orders are made by mail, service is complete
upon the mailing.
(d) As an alternative to the foregoing manner of service, notice may be served by publication
once a week for two (2) weeks consecutively in the official parish journal, if the owner or occupant is absent or unable to be served.
SECTION 5. HEARING.
(a) The owner of the junked item may within fifteen (15) days of the date of the mailing of the notice, request in writing a hearing to contest the determination made by the Parish President or his Designee. In cases where the notice is not mailed, the request may be made within fifteen (15) days from the date on which it is reasonably calculated that the owner or occupant to be notified received notice, but not more than thirty (30) days from the date of posting or delivery of said notice. The request for a hearing must be received within the fifteen (15) days and must be made at the place designated in the notice to the owner.
(b) The hearing provided herein shall be conducted before The St. Landry Parish Council.
(c) The hearing shall be held within a reasonable amount of time after the filing of the request and the person requesting the hearing shall be notified in writing of the time and place of the hearing at least five (5) days in advance thereof. At the hearing the parish or the person requesting the hearing may introduce such testimony or other evidence as is deemed necessary.
(d) If the junked item is not voluntarily removed and no hearing is requested or if it is determined at the hearing that the junk item is a public nuisance, the junked item shall be immediately removed by the Parish.
SECTION 6. FAILURE TO ABATE-REMOVAL.
In the event the public nuisance is not abated in compliance with the order of the Parish President or his Designee within fifteen (15) days from the date of such order, and no hearing is requested timely, the Parish Government including Law Enforcement Personnel are authorized to enter the premises in question, to remove or cause to be removed the junked item and to dispose of it as follows:
(a) Upon the removal of any junked item by reason of a failure to comply with the parish
order of abatement, the junked item becomes the property of the parish without any liability whatsoever to the owner of the premises, the occupant of the premises, the registered owner, or any other party whatsoever.
(b) The Parish President or his Designee is authorized to contract with one (1) or more
scrap dealers, towing services, contractors, and/or dismantlers to provide for the removal of the junked items as above specified, and on such terms as he deems are in the best interest of the parish, with preference being given to a removal at no charge to the parish, and in no event shall the parish pay in excess of five hundred dollars ($500.00) for the removal of such junked items.
(c) Junked items, other than junked motor vehicles, upon their removal by the parish may
be disposed of by removal to a permitted facility for such purposes.
(d) Any monies received by the Parish President or his designee for the junked items
shall be deposited into the general fund of the parish.
SECTION 7. PENALTY.
In addition to the enforcement processes and other penalties provided herein, any person violating any of the provisions of this article shall be deemed guilty to a misdemeanor, and each day during which any violation of any of the provisions of this article is committed, continued or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person shall be punished by a fine of not more than five hundred dollars ($500.00) or a term of imprisonment of not more than six (6) months in the Parish jail, or both.
SECTION 8. EXCEPTIONS.
The provisions of this ordinance shall not apply with regard to:
(a) Any junked item in an enclosed building, which for the purpose of this chapter shall
include a carport attached to a residence.
(b) Any junked item on the premises of a lawfully licensed wrecking yard, dismantling
yard, salvage yard, scrap yard, or junkyard.
(c) Any junked item enclosed by a board fence or other enclosure.
SECTION 9. CHARGE FOR COSTS OF WORK.
The actual costs of the work of removing nuisance vehicles or junk, refuse, debris, inoperable machinery, or inoperable appliances, including but not limited to refrigerators, freezers and ranges, whether performed by Parish employees or by contract, shall be charged to the person owning the junked items or lot, parcel or tract of land, as the case may be, which charges shall be due and payable on the day of completion of the work.
SECTION 10. LIEN AGAINST PROPERTY.
If the full amount due to the Parish under this section is not paid within thirty (30) days after completion of the work, the Parish President or his designee shall cause to be recorded in the mortgage records of the Parish, a sworn statement showing the actual cost incurred for the work and the date and place and property upon which the work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the full amount due in principal and interest, recording costs and court costs, if any, for collection, for a period of ten (10) years from the date of filing. The said lien and privilege shall be prior in rank to mortgages, vendor privileges.
SECTION 11. JUDICIAL DISTRICT COURT (27th).
Owner or occupant may appeal the final decision of the hearing panel to the St. Landry Parish 27th Judicial District Court within fifteen (15) days from the date of the final decision of the St. Landry Parish Council.
3. Uphold the assessment by St. Landry Parish Accessor Rhyn Duplechain for the property of D90 Energy LLC.
BY ORDER OF THE ST. LANDRY PARISH COUNCIL /s/ Harold Taylor, Chairman
Laycie Alfred, Council Clerk
St. Landry Parish Council
P.O. Drawer 100, Opelousas, LA 70570
Telephone Number: 337-942-6863
In accordance with the Americans with Disabilities Act, if you need special assistance, please contact Laycie Alfred at 337-942-6863 describing the assistance that is necessary.