Jennings Daily News
August 17, 2022
ORDINANCE NO. 1789 AN ORDINANCE TO AMEND THE JENNINGS CITY CODE (LOT CLEANLINESS), CHAPTER 15, ARTICLE II; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. WHEREAS, the City Council of Jennings, Louisiana desires to Amend the Jennings Code of Ordinances, Chapter 15, Article II, as written, to-wit: Sec. 15-16. Definitions - The following words, terms, and phrases when used in this article, shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning: City Inspector, Building Inspector, or Code Official - is the city employee responsible for the administration of this article and empowered to enforce this article in accordance with the provisions contained herein. The powers and duties of city inspector may be assigned to the city inspector's designee as deemed appropriate by the city inspector or Mayor. Demand or notice - means that form of written declaration to the intended receiver of the information, prepared in a manner calculated to give to the receiver reasonable notice of the intentions of the city. Grave Public Emergency - means the condition of the building is such as to cause possible immediate loss or damage to person or property. Junk - discarded or abandoned major appliances, such as refrigerators, freezers, ranges or machinery, or other metal, tin, or other discarded items in open air storage on any vacant or occupied lot, street or sidewalk. Lot - means any area, place, property, tract, or parcel of land. Neighborhood means a subdivision or an area within the jurisdiction of the city that contains residences or business establishments in close proximity to one another. Determination of "close proximity" shall be made by the city inspector. Majority of the Lot – a majority is presumed when 1/4 of the lot area is affected by any provision within this article. Neutral ground - means that area between the property line and the traveled surface of the roadway. Noxious foliage, Noxious weeds, Grass - means any foliage that is disagreeable, harmful, unpleasant, or destructive to living beings or is over twelve (12”) in height on the majority of the lot. Occupant - means any person who lives in, resides in, conducts or operates a business in, or uses any building, house, structure or grounds. Property Owner - means the recorded owner of any building, house, structure or grounds, as recorded in the records of the tax assessor's office. If a corporation is found to be the owner, any or all of the officers thereof shall be deemed guilty of a violation of this article. Resident - means an occupant of a residential property. Repeat offender - means any property owner or property owners who have violated the terms of this article more than once in one calendar year. Subdivision - means a parcel of land that has been divided and individual lots sold to new owners, with the whole bearing a common development title or name. Sec. 15-18. Prohibitions. Properties within the city limits and occupied subdivisions and neighborhoods in the incorporated areas. No tenant, property owner, or occupant of any leased, owned, occupied or unoccupied lot, place, property or area shall permit any noxious foliage, noxious weeds, grass, or deleterious, unhealthy or noxious growths over twelve (12) inches in height to grow, stand or accumulate on a majority of any lot, place or area leased or occupied by the person, or on any abutting sidewalk or neutral ground. Nor shall such person allow a lot, place, or areas of any abutting sidewalk or neutral ground to become a haven for rodents or other dangerous animals. Properties outside the occupied subdivisions and neighborhoods. No tenant, Property owner, or occupant of any leased, owned, or occupied lot, place, property, or areas within the jurisdiction of the city and located outside an occupied subdivision or neighborhood, defined herein, shall permit any weeds, grass, or deleterious, unpleasant, unhealthy or noxious foliage over twelve (12) inches in height to grow or accumulate on a majority of the any lot, place or area leased, owned or occupied by the person, or any abutting sidewalk or neutral ground nor shall such person allow such lot or areas or any abutting sidewalk or neutral ground to become a haven for rodents or other dangerous animals. 15-20 Authority of City Inspector to Enter Property (a) Entry. The City Inspector, Mayor, or his designee shall be allowed to enter onto any property should any property owner maintain: (i) a dangerous building or structure, or (ii) allow the accumulation of any a) noxious weeds, b) grass, c) garbage, d) rubbish, e) trash, d) junk or f) other deleterious, unhealthful or noxious growths on any sidewalk or banquet abutting on any lot, place or area owned by such property owner, or on any lot, place or area owned by such property owner within the city. (b) Procedures. (i) Junk. 1) Law enforcement officer, Code Enforcement, Building Inspector, Mayor, or His Designee shall give written notice by certified mail to the record land owner on the Jefferson Davis Tax rolls. Notice shall contain that the junk must be removed within ten (10) days from the receipt of the letter or ten (10) days after return of the letter. Or such property owner shall be given ten (10) days’ notice by advertisement in the official journal of the city for two (2) consecutive days or after notice has been given by certified or registered mail addressed in accordance with the tax rolls requiring such property owner remove such items, should such owner fail or refuse to remove such items. 2) All such items shall be removed by the City and the maximum reimbursement allowed by law shall be placed as a tax lien on the property owner(s). (ii) Grass, Weeds, Noxious Growths over 12 inches covering the majority of the lot. 1) Law Enforcement Officer, Code Enforcement, Building Inspector, Mayor, or His Designee shall give written notice by certified mail to the record land owner on the Jefferson Davis Tax rolls. Notice shall contain that the junk must be removed within ten (10) days from the receipt of the letter or ten (10) days after return of the letter. Or such property owner shall be given ten (10) days notice by advertisement in the official journal of the city for two (2) consecutive days or after notice has been given by certified or registered mail addressed in accordance with the tax rolls requiring such property owner remove such items, should such owner fail or refuse to remove such items. 2) The property shall be photographed before and after the abatement. 3) Send notification of costs associated with abatement with photographs. Notice shall state that record property owner has thirty (30) days to remit payment for abatement or a lien shall be placed on the record owner’s tax bill. (iii) Dangerous Buildings and Structures 1) A written report by Code Enforcement, Building Inspector, Mayor, or His Designee shall be provided to City Administration. 2) Written notice by certified mail to appear before the City Council must be delivered at least 10 days prior to the City Council Meeting if further action is needed. Notice may also be perfected by Sheriff’s Service, City Marshall, or Municipal Police at wherever the owner may be found. Absentee or Out of State owners shall be served via the property occupants, if any, and by a curator attorney appointed by the Mayor. 3) After hearing, the City Council may order: a) The building referred to the Mayor’s office for monitoring clean- up and repairs up to and including demolition. b) The building condemned and provide a specific timeline granting owner time to make designated repairs. c) The build as safe and not in need of repair. Owner or Occupant shall appeal within five (5) days of issuance of order to district court. 4) The owner shall be provided the written report with the required repairs, if property is condemned by the Council or referred to the Mayor’s office for monitoring. A lis pendens or pendency of action notice must be filed in the Mortgage Records of the Jefferson Davis Parish Clerk of Court. 5) The City shall serve both the owner and the Occupant, if any, of notice when work will begin by the City. 6) The City shall send an invoice for all costs to the owner containing notice that the owner may appear before the Mayor to dispute erroneous charges. 7) All costs associated shall be added to the owner’s tax bill if voluntary payment does not occur. (iv) Dangerous Buildings and Structures: Grave Public Emergencies 1) The City Council may condemn the building after 24-hour notice served upon: a) the owner, b) his agent, or c) the occupant and attorney at law appointed to represent the absentee owner. 2) Any such condemnation notice may be attached to a door or main entrance of the premises or in a conspicuous place on the exterior of the premises and shall have the same effect as delivery to or personal service on the owner, occupant, or attorney at law appointed to represent the absentee owner. 3) The owner must appeal the condemnation decision within 48 hours of the posting of the notice. 4) If owner does not remediate timely, notice posted on the door of the building is sufficient to notify of work commencement by municipality. (c) If the property owners is a repeat offender then at any time during the twelve (12) months immediately following notice to the property owner pursuant to subsection (a)(ii) and the property owner has failed to perform the work after opportunity to do so, the municipal authority may undertake the abatement on said property on a monthly basis without further notice required in subsection (b). However, prior to undertaking such work, the municipal authority shall execute and maintain in the abatement record an affidavit signed by the mayor or his designee which shall include: a) the name of the property owner, b) a description of the property reasonably sufficient to identify same, c) a statement that the property owner has within the twelve (12) months been served with notice of infraction. d) date and type of previous notice, and e) a photograph of the property sufficient to reasonably identify the infraction as defined within this Article. Sec. 20-199. Civil proceedings. The mayor, chief of police and/or the city council is authorized to commence any civil proceedings to abate any nuisance described in this subpart in any court of competent jurisdiction. THEREFORE, BE IT ORDAINED the City Council of the City of Jennings, Louisiana, in regular session duly convened, with a quorum present and voting to Amend the JENNINGS CITY CODE, CHAPTER 15, ARTICLE II as written above and repealing all ordinances or part of ordinances in conflict therewith. YEAS: Carolyn Simon, Clifton LeJeune, Anthony LeBlanc & Stephen VanHook NAYS: None ABSTAINED: None ABSENT: Johnny Armentor INTRODUCED: July 12, 2022 ADOPTED: August 9, 2022 ATTEST: /s/Chad Crochet Chad Crochet, City Clerk Jennings City Council /s/Stephen VanHook Stephen VanHook, President Jennings City Council /s/Henry Guinn Henry Guinn, Mayor City of Jennings Published in Jennings Daily News, Jennings, LA on August 17, 2022.