LEGAL NOTICE
NOTICE OF INTENTION FOR A PUBLIC HEARING TO CONSIDER AN ORDINANCE DECLARING JUNKED PROPERTY A PUBLIC NUISANCE AND PROVIDING FOR THE ERADICATION OF SUCH CONDITIONS
WHEREAS, the Opelousas City Council believes that a reasonable exercise of thepolice power of the City of Opelousas government should address issues of public safety, protection of economic values to properties and, in general, the maintenance of public peace and good order, safety, health, moral or general welfare within the City of Opelousas.
WHEREAS, the Opelousas City Council believes that an ordinance is necessary to establish revised regulations concerning nuisances, junked items and enclosures in order to promote the public interest within the city limits of City of Opelousas and to impose reasonable and nondiscriminatory regulations concerning these subject matters.
WHEREAS, this Chapter of the Code of Ordinances of City of Opelousas is intended to be a reasonable regulation of nuisances, junked items and enclosures which regulations will effectuate the public safety and protection of economic values to properties.
WHEREAS, this Ordinance providing for such benefits was introduced at a public meeting of the governing authority on March 12, 2024, by Councilmember Delita Broussard;
WHEREAS, notice of a public hearing on the Ordinance was duly published in the Opelousas Daily World, and a public hearing on same was held on April 9, 2024;
WHEREAS, on Motion of Councilmember and Second by Councilmember , this Ordinance was offered for final adoption with the following results recorded:
Yea:
Nay:
Absent:
NOW THEREFORE, BE IT ORDAINED by the governing authority of City of Opelousas, that the following provisions are enacted under the City of Opelousas Code of Ordinances:
CHAPTER 34 PUBLIC NUISANCES
Section 34-1. Purpose.
The purpose of this Ordinance is to address issues of public safety, protection of economic values to properties and, in general, the maintenance of public peace and good order, safety, health, moral or general welfare within the City of Opelousas.
Section 34-2 Definitions.
(a) "Abandoned vehicle" means any motor vehicle, as defined in this Chapter, or other similar mechanism, device, or means of conveyance that is inoperable and is left unattended on public property for more than three (3) days, or that has remained illegally on public property for a period of more than three (3) days, or that has remained on private property without the consent of the owner or person in control of the property for more than three (3) days.
(b) "Authority" means the agency and/or department, including any authorized employee or agent thereof, charged with enforcing this Chapter on behalf of City of Opelousas.
(c) "City" shall mean City of Opelousas.
(d) "Dispose" shall mean, in any way whatsoever, to throw, discard, place, deposit, discharge, bum, dump, drop, eject, or allow the escape of a substance.
(e) "Junked item" means any;
1. Junked vehicle;
2. Unused major electrical appliance and/or parts thereof, including but not limited to washing machines, clothes dryers, refrigerators, and freezers;
3. Machinery and/or equipment or parts thereof other than a junked vehicle and unused electrical appliances which, by reason of deterioration through rusting, rotting, or otherwise, have become inoperable and/or unusable for the purpose for which they were intended;
4. Construction debris; and
5. Waste paper, boxes, and crates and/or parts thereof.
(f) "Motor Vehicle" shall mean any vehicle or similar mechanism, device, or means of conveyance which is self-propelled and designed to travel along the ground, on the water, in the air, and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, campers and trailers, airplanes and boats. The term motor vehicle shall not include, and specifically excludes, non-motorized bicycles, scooters and the like, and any farm implement.
(g) "Nuisance" shall mean the maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions; provided, however, this enumeration shall not be deemed or construed to be exclusive, limiting or restrictive, nor shall it include dense smoke, noxious fumes, gas, soot, cinders, or accumulation of stagnant waters which occur as a result of agricultural activities:
1. The carcasses of animals or fowl not disposed of within a reasonable time after death.
2. The pollution of any public well or cistern, stream, lake, canal, roadside ditch or body of water by sewage, dead animals, creamery, industrial wastes or other substances.
3. Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.
4. Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities.
(h) "Owner" means that person whom which is reflected/listed in any public record as the owner of the property in question.
(i) "Private property" means any property which is privately owned and which is not public property.
(j) "Public property" means:
1. Any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular traffic.
2. Any other publicly owned property or facility, including the waters of the parish and state.
Section 34-3. Declaration of public nuisance; prohibition.
The presence of any junked vehicle or abandoned vehicle within the corporate limits of City of Opelousas shall be deemed and is hereby declared a public nuisance. It shall be unlawful for any person to cause or maintain such a public nuisance by abandoning, wrecking, dismantling, partially dismantling, rendering inoperable, or discarding any vehicle on the real property of another or on public property, or to suffer, permit, or allow any junked vehicle and/or abandoned vehicle to be parked, left, or maintained on his own real property, provided that this section shall not apply to:
(1) Any junked vehicle in an appropriate business, storage place, or depository, maintained at a location where such business, storage place, or depository is authorized by and is in compliance with the Code of Ordinances of City of Opelousas and other regulations promulgated by the State of Louisiana and/or Parish of St. Landry; and
(2) Any vehicle stored as the property of a member of the armed forces of the United States who is on active-duty assignment.
Section 34-4. Notices to Abate Violations of this Chapter.
Whenever any public nuisance exists within the corporate limits of City of Opelousas, the City Code Enforcement Director shall cause written notice to be sent to the alleged violator ordering such alleged violator to abate the condition deemed by the Code Enforcement Director to be a nuisance under this Chapter. When such nuisance consists of a junked item, a similar notice shall also be forwarded by the Code Enforcement Director to the last known registered owner of the vehicle provided such information is known by the agency responsible for law enforcement within the corporate limits of City of Opelousas. Whenever such information is not known by such law enforcement agency, the Chief of such agency or his designee shall certify that such information is unknown to the law enforcement agency in an affidavit provided by the Chief or his designee to the Code Enforcement Director prior to any further action or actions taken against such junked item.
Section 34-5. Manner of Service of Notices to Abate Violations of this Chapter.
Any notices or orders required by this Chapter shall:
1. Be in writing;
2. Provide the municipal address of: (a) the cited property; and/or (b) the property upon which the nuisance(s) exist(s);
3. Provide the date of the inspection(s);
4. Provide a description of alleged violation(s);
5. Provide the mailing address and telephone number of the Code Enforcement Department;
6. Provide the risk of fees, penalties, costs, and liens that may be imposed for continued violation(s); and
7. Provide the remedial measures required to abate the condition.
Section 34-6. Penalties for Violations of this Chapter.
Any person adjudicated to be in violation of any provisions of this Chapter shall be liable to City of Opelousas for a fine not to exceed five hundred dollars ($500.00) per day. Each act in violation of any of the provisions of this Chapter shall be deemed a separate offense.
Section 34-7. Judicial Order of Abatement.
(A) If, within the delay provided by a notice to abate, an alleged violator fails to abate a condition deemed by the Code Enforcement Director to be a public nuisance, City of Opelousas may file a Rule to Show Cause Why an Order of Abatement should not issue directed to the alleged violator to show cause, if any, why he or she should not be required to correct the condition deemed by a public nuisance by the Code Enforcement Director.
(B) The Rule to Show Cause may proceed by summary proceeding and shall be directed against the owner or occupant of the premises, or both.
(C) Service of the Rule to Show Cause shall be made by the Sheriff.
(D) Opelousas City Court shall have jurisdiction to hear the Rule to Show Cause.
(E) If the evidence adduced at the hearing warrants an affirmative finding of a public nuisance, the City Court Judge shall declare the condition a public nuisance and order its abatement within a period of no more than forty-five (45) days from the date of judgment. The City Court Judge shall also fix the reasonable cost of abatement and assess all court costs against the nonprevailing party. The City Court Judge may assess a fine as provided by Section 34-6 of this Chapter.
Section 34-8. Failure to Obey Judicial Order of Abatement.
Once all delays for a suspensive appeal of the Judicial Order of Abatement have run, and the public nuisance is not abated in compliance with the order of the City Court, the City of Opelousas shall be authorized to enter the premises in question to remove or cause to be removed the junked item, and to dispose of it as follows:
1. Upon the removal of any junked item by reason of a failure to comply with the judicial order of abatement, City of Opelousas may take the junked item into its custody without any liability whatsoever to the owner of the premises, the occupant of the premises, the registered owner or to any other party whatsoever.
2. Junked items removed by City of Opelousas may be disposed of by removal to the Parish Landfill or by transfer to a scrap iron dealer willing to remove the junked items at no cost to City of Opelousas.
3. City of Opelousas may employ its own personnel, equipment, and/or facilities, for the purpose of removing junked items, or it may employ such other persons, equipment, and/or facilities to remove such junked items.
4. Any junked items removed by City of Opelousas pursuant to this Section shall be deemed public property, and any proceeds from the disposition of such items shall be deemed public property.
Section 34-9. Liability for cost of abatement.
The cost of abatement, as determined by the Judgment or Order of the Opelousas City Court, shall be the personal liability of the owner of the premises, the occupant of the premises and/or of the registered owner of the junked motor vehicle, in applicable cases, and may be recovered by the city in the action initiated by the Rule to Show Cause. The Code Enforcement
Director may also cause to be recorded in the mortgage records of St. Landry Parish, an attested bill of costs showing the cost of removal and the place or property on which the nuisance existed so as to establish in favor of City of Opelousas a lien and privilege securing the payment by the property owner, occupant, and/or registered owner of the junked vehicle, of such charges, costs and expenses.
Section 34-10. Effective Date
This Ordinance shall become effective upon signature by the Mayor, or at midnight of the tenth day after the receipt of the ordinance by the Mayor, whichever shall occur first.
A PUBLIC HEARING SHALL BE HELD ON TUESDAY, APRIL 9, 2024, AT 5:00 O'CLOCK P.M. AT THE REGULAR MEETING PLACE OF THE BOARD OF ALDERMEN, CITY HALL, 105 N. MAIN STREET, OPELOUSAS, LOUISIANA.
DONE AND SIGNED AT OPELOUSAS, LOUISIANA, THIS 13TH DAY OF MARCH, 2024.
ATTEST:
/s/ Julius Alsandor
MAYOR
/s/ Leisa S. Anderson
CITY CLERK
March 17, 20 2024
LLOU0073969