Minden Press-Herald
April 15, 2026
CITY OF MINDEN
ORDINANCE NO. 1168
AN ORDINANCE TO AMEND AND REENACT ORDINANCE NO. 1165, ESTABLISHING THE MINDEN ADMINISTRATIVE COURT PURSUANT TO LA R.S. 13:2575 AND 13:2576, ADOPTING TECHNICAL AMENDMENTS TO AUTHORIZE THE NON-MANDATORY DISCRETIONARY ASSESSMENT OF FINES, CIVIL PENALTIES, AND COSTS, INCLUDING HEARING COSTS (THE MAXIMUM OF WHICH SHALL NOT EXCEED THOSE ESTABLISHED BY THE MINDEN CITY COURT); AND TO PROVIDE FOR ANY RELATED MATTERS THERETO
AN ORDINANCE amending and reenacting Chapter 2 of the Minden Code of Ordinances, Administration: Article VI, Administrative Court: Sections 2-297, 2-299, 2-300, 2-302, 2-303, 2-304, 2-307, 2-308, 2-309, 2-310, 2-311, 2-312, 2-313, and 2-314 for clarification as provided herein.
WHEREAS, technical amendments are appropriate for clarification of selected Sections of Chapter 2 of the Minden Code of Ordinances, Administration: Article VI, Administrative Court: Sections 2-297, 2-299, 2-300, 2-302, 2-303, 2-304, 2-307, 2-308, 2-309, 2-310, 2-311, 2-312, 2-313, and 2-314; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Minden, Louisiana, in legal session convened, that the selected Sections herein of Chapter 2 of the Minden Code of Ordinances, Administration: Article VI, Administrative Court: Sections 2-297, 2-299, 2-300, 2-302, 2-303, 2-304, 2-307, 2-308, 2-309, 2-310, 2-311, 2-312, 2-313, and 2-314 be amended and enacted as provided herein to read as follows, to-wit:
ARTICLE VI.
Administrative Court
Section 2-297. Purpose.
The purpose of this Article is to establish an efficient, non-criminal, administrative process for the adjudication and correction of violations of blighted properties and abandoned properties (La. R.S. 13:2575.D.(2), referred to in this Article as D(2) cases), other violations of Minden ordinances pertaining to the public health, housing, fire code, environment (including junk, rubbish, and litter), junked or abandoned vehicles, and historic district regulation, and such other property conditions constituting a threat to the public health, safety, and welfare as may be designated by the Mayor (La. R.S. 13:2575.D.(1), referred to in this Article as D(1) cases). This process is intended to protect the public health, safety, and welfare of the citizens of Minden, promote neighborhood integrity, and preserve property values by providing a fair and expeditious method of enforcement, correction, and abatement.
Section 2-298. Authority.
This Administrative Court is established under the authority vested in the City of Minden by the Louisiana Constitution and in direct accordance with the provisions of La. R.S. 13:2575 and 13:2576.
Section 2-299. Scope and Definitions.
This Article shall apply to all immovable property, including all lots, plots, or parcels of land and any structures or improvements thereon, whether residential, commercial, industrial, or vacant, located within the corporate limits of the City of Minden. However, nothing in this Article shall be construed to affect activities which occur on the premises of manufacturing facilities which are regulated by Title 30 of the Louisiana Revised Statutes of 1950 (Minerals, Oil, and Gas).
For the purposes of this Article, the following definitions shall apply:
Blighted Property shall mean any vacant or occupied immovable property which has been declared to be a public nuisance by the Minden Building Official, as confirmed by the Administrative Judge following a hearing to be a public nuisance and therefore blighted, under the criteria of LA R.S. 33:1374.B.(1) and (7), namely (as they may be amended) that the immovable property or any structure thereon, by reason of the condition in which it is permitted to remain, may endanger the health, life, limb, or property of any person, or cause any hurt, harm, damages, injury, or loss to any person in any one or more of the following conditions:
The property is dilapidated, decayed, unsafe, or unsanitary, is detrimental to health, morals, safety, public welfare and the well-being of the community, endangers life or property, or is conducive to ill health, delinquency, and crime.
The property is a fire hazard.
The conditions present on the property and its surrounding grounds are not reasonably or adequately maintained, thereby causing deterioration and creating a blighting influence or condition on nearby properties and thereby depreciating the value, use, and enjoyment to such an extent that it is harmful to the public health, welfare, safety, and the economic stability of the area, community, or neighborhood in which such public nuisance is located.
Abandoned Property shall mean any immovable property, including any building or structure thereon, which has been declared abandoned by the Minden Building Official, as confirmed by the Administrative Judge following a hearing, and shall have the same meaning and criteria as set forth in La. R.S. 33:4720.59(D)(2), as it may be amended.
City shall mean the City of Minden, Louisiana.
Administrative Judge shall mean the Administrative Hearing Officer for the City of Minden Administrative Court as authorized by LA R.S. 13:2575.
Owner shall mean the owner of record of the subject property as listed in the most current records of the Webster Parish Assessors Office.
Section 2-300. Creation of Court.
There is hereby established an administrative adjudication system to be known as the City of Minden Administrative Court (hereinafter referred to as the Court). The Court shall function as a quasi-judicial body with the authority to hear and decide matters concerning violations state statutes or city ordinances pertaining to public health, housing, fire code, environmental, and historic district ordinances, including those relating to blighted and abandoned property as defined herein.
Section 2-301. Administrative Judge.
The Court shall be presided over by a single Administrative Judge.
Appointment: The Administrative Judge shall be appointed by the Mayor, subject to confirmation by the City Council. The Administrative Judge shall serve at the pleasure of the Mayor and City Council.
Qualifications: The Administrative Judge shall be an attorney at law, licensed to practice in the State of Louisiana, and in good standing with the Louisiana State Bar Association.
Recusal: The Administrative Judge shall recuse himself/herself from any hearing in which they have a personal, financial, or professional interest in the property or the outcome of the matter.
Section 2-302. Powers and Duties of the Administrative Judge.
The Administrative Judge shall have the authority to:
Administer oaths and affirmations.
Issue subpoenas to compel the attendance of witnesses and the production of documents, records, or other evidence.
Conduct hearings in an orderly and fair manner, ensuring due process for all parties.
Take testimony and accept evidence.
Issue written orders, judgments, and notices of judgment.
Determine whether a violation of city ordinances or state statutes exists.
Order the abatement of violations within a specified time period.
Impose fines, civil penalties, administrative costs, and hearing costs as authorized by this Article and applicable state law.
Suspend or reduce fines and penalties in accordance with established policies for compliance.
Section 2-303. Building Official and Code Enforcement.
Designation: The City of Minden Building Official shall serve as the primary administrative official for the investigation and presentation of violations before the Court, following the Building Officials service by certified mail of a Notice of Violation and/or Required Appearance at Hearing to the property owner.
Duties: The duties of the Building Official in relation to the Court shall include, but are not limited to:
Identifying and inspecting properties suspected of being blighted, abandoned, or otherwise in violation of pertinent city ordinances or state statutes.
Prioritizing cases based on the severity of the violation and the threat posed to public health, safety, and welfare.
Preparing a comprehensive case file for each property, including inspection reports, photographs, and ownership records.
Filing the Notice of Violation and/or Required Appearance at Hearing, if any violations remain uncorrected by the deadline for compliance set forth in the Notice, with the Docket Clerk to initiate Court proceedings.
Presenting the Citys case, evidence, and testimony during the administrative hearing.
Conducting follow-up inspections to verify compliance, including with Orders issued by the Administrative Judge.
Beautification Advisory Panel
Creation: A Beautification Advisory Panel of five (5) members is created with whom the Building Official has the ability, but not the responsibility, to confer regarding matters being considered for referral to the Administrative Court, or otherwise, at his non-mandatory discretion and by such means of communication as he may choose.
Membership: The Beautification Advisory Panel members shall serve without compensation and solely in an advisory capacity. Five (5) members shall be appointed by the City Council, with each City Council representative appointing one (1) member. City Council members shall name their appointed member by written communication to the Mayor by no later than the deadline for such appointments communicated by the Mayor to the City Council following the effective date of the Ordinance creating this Article. Should any City Council member fail to communicate his/her appointment to the Mayor by the stated deadline, the Mayor may appoint a person to fill that position.
Terms: Members of the Beautification Advisory Panel shall serve terms coterminous with the then-current term of their appointing City Council representative or Mayor. Members may be reappointed in the same manner as their original appointment, with any vacancy being filled in the same manner.
Section 2-304. Docket Clerk.
Designation: A Docket Clerk shall be designated by the City to provide clerical and administrative support to the Court.
(b) Duties: The duties of the Docket Clerk shall include, but are not limited to:
Maintaining the official docket and case files for the Court.
Scheduling hearing dates and times in coordination with the Administrative Judge.
Issuing and serving all Court notices required by law, not otherwise served by the Building Official, adhering to the notice requirements set forth in La. R.S. 13:2575.
Receiving and filing all documents, evidence, and pleadings submitted by the City or property owners.
Drafting and issuing subpoenas as directed by the Administrative Judge.
Transmitting final Orders and Judgments to the property owner.
Recording Judgments and Liens in the Mortgage Records of the Webster Parish Clerk of Court.
Section 2-305. Court Security.
Designation: The Ward 1 Marshal is hereby authorized to serve as the Bailiff for the Court.
Duties: The Bailiff shall attend all sessions of the Court to maintain order, ensure the safety of the Administrative Judge and all participants, and execute the orders of the Administrative Judge regarding courtroom conduct.
Section 2-306. Initiation of Proceedings.
Proceedings before the Court shall be initiated by the filing of a Petition for Adjudication or similar charging document by the Building Official with the Docket Clerk. This document shall specify the nature of the violation, the location of the property, and the specific ordinance(s) alleged to be violated.
Section 2-307. Notice of Hearing.
Service of Notice of Hearing: Service by the Building Official of a Notice of Violation and/or Required Appearance at Hearing shall be made in accordance with the requirements and timeframes of La. R.S. 13:2575.D.(1) and (2). The Notice shall be sent by certified mail to the address of the property owner as listed in the assessors records or otherwise determined, or by personal service. The Notice shall state the time, date, and location of the hearing, and the alleged violation(s) of city ordinances or state statues.
Timeframe: The hearing date of D(1) cases shall be scheduled no less than fifteen (15) days after the date of mailing of the Notice of Violation and/or Required Appearance at Hearing to the property owner, with the date of postmark deemed to be the date of delivery. The hearing date of D(2) cases shall be scheduled no less than thirty (30) days after service of the Notice of Violation and/or Required Appearance at Hearing by mail or personal service to the property owner and to each mortgagee of record at the address provided in the recorded mortgage.
Section 2-308. Conduct of Hearing.
Rules of Evidence: The formal Louisiana Code of Evidence shall not strictly apply; instead, the hearing shall be conducted in accordance with the rules of evidence of the Louisiana Administrative Procedure Act.
Rights of Respondent. The person charged with the violation may present any relevant evidence and testimony at the hearing and may be represented by an attorney at law as he/she may retain.
Section 2-309. Rules of Procedure.
The Administrative Judge is hereby authorized to adopt, publish, and amend written Rules of Procedure governing the administration of the Court, provided such rules are not inconsistent with this Article or State Law.
Section 2-310. Orders.
Within thirty (30) days, excluding legal holidays, following the conclusion of the hearing, the Administrative Judge shall issue a final written Order stating whether the owner is in violation of state statute or city ordinance as set forth in the Notice of Violation and/or Required Appearance at Hearing.
If a violation is found, the Order shall specify the nature of the violation, the actions required to correct the violation, and a deadline for said correction. The Order shall also state the amount of any fine, civil penalty, fees, or costs assessed. Notice shall be given as provided in La. R.S. 13:2575.F.
Section 2-311. Penalties and Costs.
Fines: The Administrative Judge has the non-mandatory discretion to assess fines and civil penalties up to $500 for each violation of the applicable state statutes or city ordinances (which hereby are amended to include the assessment of such fines and civil penalties) cited in the Notice of Violation and/or Required Appearance at Hearing.
Costs: The Administrative Judge has the non-mandatory discretion to assess all costs incurred by the City in the identification and processing of the violation, including but not limited to: hearing costs (the maximum of which shall not exceed those established by the Minden City Court, which are adopted herein by reference), administrative costs, inspection fees, mailing and service costs, curator fees (if required), and any other fees or costs that may be authorized by the City. Any fines, civil penalties, fees, or costs collected shall be allocated as provided by the City.
Per Diem: The Administrative Judge has the non-mandatory discretion in extraordinary cases to order that fines or civil penalties accrue on a per-diem basis until the violation is corrected.
Section 2-312. Lien and Privilege.
If the property owner fails to comply with the Order or pay the assessed fines, civil penalties, fees, and costs within the time specified, a copy of the Order shall be filed and recorded in the Mortgage Records of the Webster Parish Clerk of Court by the Docket Clerk.
Pursuant to La. R.S. 13:2575(C), the recordation of the Order shall constitute a lien and privilege against the land and improvements. This lien shall have the ranking as provided by La. R.S. 9:4821(A)(1).
Section 2-313. Enforcement.
The City may enforce the lien and collect the fines, civil penalties, fees, and costs, as provided in La. R.S. 13:2575 and 13:2576.
Section 2-314. Right of Appeal.
Any person aggrieved by a final Order of the Administrative Court may appeal the decision to the 26th Judicial District Court for the Parish of Webster.
(b) Timeframe: Such appeal must be filed within thirty (30) days of the date of the Administrative Judges written Order, pursuant to La. R.S. 13:2575(H).
BE IT FURTHER ORDAINED that if any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid, illegal, or unconstitutional, the remainder of this Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
BE IT FURTHER ORDAINED that all ordinances or parts of ordinances in conflict with the ordinance are hereby repealed.
BE IT FURTHER ORDAINED that this Ordinance shall be binding and shall become effective thirty (30) days after the first publication in the official journal of the City of Minden.
BE IT FURTHER ORDAINED that it is the intention of the City Council and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Minden, Louisiana, and the sections of this ordinance may be numbered to accomplish such intention.
PASSED AND ADOPTED by the Council of the City of Minden on this 6th day of April 2026, by the following vote and upon motion and second of Andy Pendergrass and Michael Roy, respectively:
AYE(S): 5
NAY(S): 0
ABSENCE(S): 0
ABSTENT-ION(S):
0
Nicholas A. Cox, Mayor
ATTEST:
Melaney Langford, City Clerk
April 15, 2026
Minden Press-Herald
Miscellaneous Notices