Tangipahoa Parish Council |
Code of Ordinances |
Chapter 15. NUISANCES |
Article II. WEEDS, TRASH, REFUSE AND DANGEROUS MATTER |
§ 15-27. Removal required; notice; penalty.
(a)
It shall be the responsibility of any owner and agent of any property outside the municipalities of the parish to cut and remove all grass and weeds in excess of 18 inches but excepting only grass grown as a crop.
(b)
It shall be the responsibility of the owner and agent of any property located outside the municipalities of the parish, to maintain his property such that it does not become a breeding ground for rats, mice, mosquitos and/or other disease bearing pests and remove and properly dispose of all trash, rubbish, refuse, debris, discarded or noxious matter, materials and/or substances.
(c)
Upon inspection of the property, either on its own volition or after receipt of a bona fide complaint of a violation of subsection 15-27(a) and/or subsection 15-27(b), the parish government shall cause proper notice, as defined by subsection 15-27(d), to be sent to owner.
(d)
Two notices shall be sent to the owner and agent if applicable. One notice shall be sent by certified mail and one notice shall be sent by first class mail.
(e)
In the event that the property has been sold in a tax sale less than three years prior to the date the notices are sent, the two notices must be sent by certified and first class mail to the party who owned the property prior to the tax sale and two notices must be sent by certified and first class mail to the party who purchased the property at the tax sale, as well as to any agent.
(f)
If the notice sent by certified mail is declined, unclaimed and/or returned to the parish government office for any reason, but the notice sent by first class mail is not returned, receipt of the notice mailed by first class mail is presumed after the passage of 20 calendar days from the date of mailing of the notice sent by first class mail.
(g)
If owner's property has upon it a dwelling, whether inhabited or uninhabited, and the notice sent by certified mail and the notice sent by first class mail are declined, unclaimed and/or returned to the parish government office for any reason, the notice can be served upon the owner either by hand delivery or by posting the notice on the door of the dwelling located on the property.
(h)
If the property is a vacant lot or has no dwelling located thereon, and the notice sent by certified mail and notice sent by first class mail are declined, unclaimed and/or returned to the parish government office for any reason, notice shall be served upon the owner by hand delivery.
(i)
The notice must specify the action being ordered and the action being ordered and the time frame in which the owner is to have the work completed. The notice shall also advise owner that after the passage of 20 calendar days or the receipt by the Tangipahoa Parish governmental office of the signed certified mail receipt, whichever occurs first, shall be considered a presumption that owner received notice. The notice shall further provide the penalties for owner's failure to satisfactorily comply as contained in subsection 15-27(j) and (k).
(j)
The failure, neglect or refusal of owner to cut grass and/or remove weeds, trash, rubbish, debris, discarded or noxious matter, materials and/or substance from owner's property, within 20 days of receipt of notice, constitutes a misdemeanor and the owner or owner's agent or other person in control of the property shall be a criminal offense subject to a fine of $100.00 per day, which shall continue to accrue from day to day until the requested action is taken, beginning the eleventh day after receipt of notice, as provided herein.
(k)
Upon request by resolution of the parish council, the parish government shall cause the cutting of grass and/or removal of weeds, trash, rubbish, refuse, debris, noxious matter, materials and/or substance from the owner's property, and its option, for all or a portion of the project, may use parish government employees and/or equipment or may contact with a third party to perform all or a portion of the cleanup operation. Upon parish government performing the services, owner shall be subject to a civil fee of two times the cost of the services necessary to comply with this section. This civil fee shall be in addition to the fine prescribed in subsection 15-27(j) and shall create a lien on the property.
(Ord. No. 14-55, 12-8-14)