Minden Press-Herald
September 23, 2026
CITY OF MINDEN
ORDINANCE NO. 1174
AN ORDINANCE TO AMEND AND REENACT THE CODE OF ORDINANCES, CITY OF MINDEN, STATE OF LOUISIANA, CHAPTER 50, HEALTH AND SANITATION: ARTICLE II, CONDITION OF PREMISES: SECTION 50-37. NOTICE TO PROPERTY OWNER; FAILURE TO COMPLY, SECTION 50-38. ABATEMENT BY CITY AUTHORIZED, AND SECTION 50-39. MAILING STATEMENT SHOWING EXPENSE INCURRED, ADDITION TO TAX LIABILITY, PRIVILEGE AND LIEN, REMEDIES CUMULATIVE
AN ORDINANCE amending and reenacting Chapter 50 of the Minden Code of Ordinances, Health and Sanitation: Article II, Condition of Premises: Sections 50-37, 50-38, and 50-39 for clarification as provided herein.
WHEREAS, Article II Condition of Premises: Sections 50-37. Notice Requiring Abatement, is to be renamed Notice to Property Owner; Failure to Comply and revised to authorize the City of Minden to complete the required property maintenance duties and collect the associated costs; and
WHEREAS, Article II Condition of Premises: Sections 50-38. Abatement by City Authorized, is to be revised to grant authority to the mayor, City of Minden personnel, and other representatives as designated by the mayor to enforce abatement, authorize repeat abatement, and charge abatement costs to the property owner; and
WHEREAS, Article II Condition of Premises: Sections 50-39. Costs of Abatement Assessed as Taxes, is to be renamed Mailing Statement Showing Expense Incurred, Addition to Tax Liability, Privilege and Lien, Remedies Cumulative and revised to grant the City of Minden a privilege and lien upon the property and improvements upon which the beautification maintenance was performed; and
WHEREAS, the City of Minden declares it to be in the public interest of civic beautification for properties within the City to be maintained to reasonable standards of appearance as established by the Code of Ordinances; and
WHEREAS, Section 4 of the Legislative Charter of the City of Minden authorizes the City Council to enact ordinances, regulations, and rules necessary for the police and government of the City and for matters pertaining to the peace, safety, and general welfare of its inhabitants; and
WHEREAS, Section 23 of the Legislative Charter authorizes the City to make regulations promoting the general welfare, health, and cleanliness of the City and to suppress nuisances; and
WHEREAS, La. R.S. 33:5062 authorizes municipalities to require property to be maintained in a safe and sanitary condition and establishes procedures whereby municipalities may cut or remove excessive grass, weeds, and other deleterious or noxious growths and recover their costs; and
WHEREAS, La. R.S. 33:4766 authorizes a municipal privilege and lien for the cost of maintenance of immovable property, expressly including grass cutting and weed abatement, and trash and garbage removal.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Minden, in legal session convened, that Chapter 50 of the Minden Code of Ordinances, Health and Sanitation: Article II, Condition of Premises: Sections 50-37, 50-38, and 50-39 be amended and reenacted as provided here to read as follows, to-wit:
ARTICLE II.
CONDITION OF PREMISES
Section 50-37. Notice to Property Owner; Failure to Comply.
If an owner of property within the City fails to comply with the property maintenance duty imposed by Sec. 50-36, the City shall notify the property owner of its intent to perform such beautification maintenance work, including any associated removal of trash and garbage from the property, after ten (10) days if the property owner does not perform the maintenance work and removal, and to charge the property owner for the Citys maintenance work and removal.
Notice under Subsection shall be given by: registered mail addressed in accordance with the applicable tax rolls; or advertisement in the official journal of the City for two consecutive days.
The notice should identify:
the municipal address or other description reasonably identifying the property;
the nature of the condition requiring correction;
that upon failure to comply, the City may perform the required beautification maintenance work, including any associated removal of trash and garbage, and charge the owner the cost incurred by the City; that after the owner has once failed to perform the work following notice, the City may undertake additional grass or weed abatement, including any associated removal of trash and garbage, on a monthly basis during the immediately following twelve months without providing another notice under this Section; that unpaid costs may be collected personally from the owner, assessed as otherwise authorized by law, and/or secured by a municipal privilege and lien.
Section 50-38. Abatement by City Authorized.
Enforcement officials.
The Mayor, Building Official or members of the Building Officials Office, or another representative or outsourced agency designated by the Mayor, is authorized to inspect property, determine violations of this Article, issue notices, take photographs, prepare records and affidavits, authorize beautification maintenance work after compliance with this Section, and perform such other administrative acts as are reasonably necessary for enforcement.
For purposes of any affidavit required by this Section, Section 50-39, and La. R.S. 33:4766, the Mayor may designate in writing one or more City officials or employees authorized to execute such affidavit.
First abatement by City.
If the owner fails to perform the required work within the period allowed by this Section, the City may enter upon the property, perform or cause to be performed such cutting, destruction, and removal of trash and garbage, as is reasonably necessary to correct the violation, and charge the owner for the Citys maintenance work.
Repeat abatement for twelve months; no renewed notice required.
When a property owner has, during the immediately preceding twelve months: received initial notice pursuant to this Section; and been afforded the required opportunity to perform the required maintenance work; and failed to do so, the City may thereafter undertake the cutting, destruction, or removal of weeds, grass, or other growths on that property, including any associated removal of trash and garbage, on a monthly basis during the applicable twelve-month period without giving another notice to the owner under this Section.
Before each such repeat abatement, the Mayor or his designated representative shall file with the City Clerk an affidavit.
The affidavit shall contain:
a description sufficient reasonably to identify the property; and a photograph sufficient reasonably to identify the unsafe or unsanitary condition and justify the necessity for the proposed work; and a statement that during the immediately preceding twelve months the liable owner failed to perform the work after notification and opportunity to do so; and a separate affidavit shall be filed before each repeat abatement undertaken without renewed owner notice.
Costs chargeable to owner, statement of costs, payment.
The owner and property shall be responsible for charges, costs, and expenses incurred by the City in performing beautification maintenance work under this Section and recoverable under applicable law, including costs of associated removal of trash and garbage.
Unless and until modified by posting on the Citys fee schedule, the cost of each required mowing by the City under this Section shall be a set fee of $500.00 per property, and $750.00 per property if associated removal of trash and garbage by the City also is required, both fees representing recovery of the Citys cost of its beautification maintenance following the property owners failure to comply.
Section 50-39. Mailing Statement Showing Expense Incurred, Addition to Tax Liability, Privilege and Lien, Remedies Cumulative.
If, after any initial beautification maintenance work plus any associated removal of trash and garbage by the City pursuant to Sec. 50-38 by the City after due notice as provided therein, with the property owner having been charged for the cost of the Citys beautification maintenance work, with the cost thereof not having been paid within ten (10) days, then the City may at that time or following all beautification maintenance work performed by the City on the property, including repeat maintenance and removal work as evidenced by the filed affidavits, have the Citys tax collector furnish the property owner, as shown on the last assessment role of the City, by registered mail, a written statement showing the cost incurred for the Citys beautification maintenance work performed and the property on which the work was done. If the said statement is not paid within one month thereafter, the amount thereof shall be included in and form part of the taxes due by the owner of said property.
The City also shall have a privilege and lien upon the property and improvements upon which the beautification maintenance through grass cutting, weed abatement, and any associated trash and garbage removal was performed, for the maintenance costs of the City, as provided by La. R.S. 33:4766 and as preserved and enforced in accordance therewith.
The remedies provided by Sections 50-37, 50-38, and 50-39 are cumulative. Nothing herein shall prevent the City from enforcing a violation through citation, administrative adjudication, injunction, nuisance proceedings, personal action for costs where authorized by law, or any other lawful remedy.
BE IT FURTHER ORDAINED that if any provision of this Ordinance or the application thereof to any person or circumstances 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 8th day of September 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
ABSTEN-TION(S): 0
Nicholas A. Cox, Mayor
ATTEST:
Melaney Sanders, City Clerk
September 23, 2026
Minden Press-Herald
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