§ 22-54. Notice to owner; abatement by city authorized.  


Latest version.
  • In addition to the penalties provided for in section 22-51, the mayor is hereby authorized to cut, destroy or remove any noxious weeds, grass, or deleterious, unhealthy or noxious growth over eighteen inches in height growing or standing on any sidewalk or banquette or any lot, place or area within the city. No work shall be undertaken by the mayor until the owner of the lot, place or area where the weeds, grass or growth is to be cut, destroyed or removed, or the owner of the property abutting the sidewalk or banquette where the weeds, grass or growth is to be cut, destroyed or removed, as the case may be, shall have an opportunity of doing the work himself within at least five days after notice has been given to him, or, in his absence from the city, to the agent of the leased or occupied premises. Notice shall be given to the owner by registered mail to the address on the tax rolls. If the owner's address is not known or if not leased or occupied, notice shall be by advertisement in the official journal of the city for two consecutive days.

    In lieu of the notice prescribed above, the city shall be authorized to undertake the work under the following circumstances or upon the giving of the following notice, to-wit:

    (1)

    If the owner of any lot or other real property is unknown or his whereabouts is not known, a sign giving notice of the violation and of the intent to abate the violation shall be posted by the city upon or near the premises. The mayor or his designee shall make an affidavit setting out the facts as to unknown owner or agent.

    (2)

    All costs incurred by the city in effecting notice to the owner shall be included in the costs to abate the violation.

    (3)

    If the property owner liable has been notified pursuant to this section at any time during the immediately preceding 12 months and has failed to do the work himself after opportunity to do so, the city may undertake to abate the property within the city limits of Carencro on a monthly basis or less without the notice required above. However, prior to undertaking such work, the city shall file and record an affidavit, signed by the mayor or his designee, at its administrative office. Such affidavit shall include the following:

    a.

    A description of the property sufficient to reasonably identify it.

    b.

    A photograph of the property sufficient to reasonably identify its unsafe or unsanitary conditions and to justify the necessity for cutting, destroying, or removing weeds, grass, or other noxious growths.

    c.

    A statement that the liable property owner has within the past 12 months failed to do such work after notification and opportunity to do so pursuant to this section.

(Code 1988, § 8-49; Ord. No. 2009-020, § 1, 7-20-2009; Ord. No. 2013-012, §§ 1, 2, 9-16-2013)

State law reference

Similar provisions, R.S. 33:5062.