ARTICLE I


GENERAL PROVISIONS

SEC.

1-001.00 How Code Is Designated And Cited


    The Ordinances embraced in the following chapters and sections shall constitute and be designated and cited as the "Code of Ordinances of St. Tammany Parish, Louisiana".

SEC.

1-002.00 Rules Of Construction And Definitions


    In the construction of this Code, and of all Ordinances, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the Police Jury. The rules of construction and definitions set out herein shall not be applied to any section of this Code which shall contain any express provisions excluding such construction, or where the subject matter or context of such section may be repugnant thereto.

     Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the Police Jury may be fully carried out.

    In the interpretation and application of any provisions of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than another more general provision imposed by the Code or other law, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

     Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall not be counted in computing the time, but the day on which such proceeding is to be had shall be counted.

     Gender. A word importing one gender only shall extend and be applied to other genders and to firms, partnerships, and corporations as well.

     Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

     Month. The word "month" shall mean a calendar month.

     Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

     Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

     Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and

"sworn" shall be equivalent to the words "affirm" and "affirmed".

     Officers, Boards, Commissions. Whenever reference is made to officers, boards or commissions by title only, such as "Police Jury" or "Planning Commission", such references shall be read as though followed by the words "of St. Tammany Parish, Louisiana".

     Or, and. "Or" may be read "and", and "and" may be read "or", if the sense requires it.

     Parish. The words "the Parish" or "this Parish" shall mean the Parish of St. Tammany, Louisiana.

     Person. The word "person" shall extend and be applied to a number of persons and to associations, clubs, societies, firms, partnerships, and bodies politic and corporate, as well as to individuals.0

     Property. The word "property" shall include real and personal property.

     Shall. The word "shall" is mandatory.

     Signature or subscription. Includes a mark when the person cannot write.

     State. The words "the State" or "this State" shall be construed to mean the State of Louisiana.

     Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, and all other public highways in the Parish.

     Tense. Words used in the past or present tense include the future as well as the past and present.

     Week. The word "week" shall be construed to mean seven (7) days.

     Year. The word "year" shall mean a calendar year.

SEC.

1-002.01 Redesignation of Certain Terms To Conform To Police Jury From Charter


I.    Wherever and whenever in this Code of Ordinances of St. Tammany Parish, Louisiana, the words and/or title "parish council" appears or is used, directly or indirectly, substituted therefor shall be the words and reference to the "Police Jury".

    a)    Wherever and whenever in this Code of Ordinances of St. Tammany Parish, Louisiana, the words and/or title "council chairman" and "parish president" appear or are used, directly or indirectly, substituted therefor shall be the words and reference to the "President of the Police Jury".

    b)    Wherever and whenever in this Code of Ordinances of St. Tammany Parish, Louisiana, the words and/or title "director of engineering" is used, substituted therefor shall be the words and/or title "Director of Public Works".

    c)    Wherever and whenever in this Code of Ordinances of St. Tammany Parish, Louisiana, the words and/or title "planning director" or "planning officer" or "director of planning"

or such similar language is used, substituted therefor shall be "Director of Parish Development".

    d)    That wherever and whenever in this Code of Ordinances of St. Tammany Parish, Louisiana, the words and/or title "subdivision regulatory committee" and as to any reference thereto, substituted therefor shall be the words "Planning Commission". (Ord. No. 85-474, adopted 09/19/85; to repeal and amend Ord. No. 88-902, adopted 01/21/88)

EDITORIAL NOTE: ".... of the parish council" and "subdivision regulatory committee" have been changed in this subsection by authority of Ord. No. 88-902, adopted 01/21/88 to repeal Ord. No. 85-474, adopted 09/19/85; see page 4 of the Code of Ordinances of St. Tammany, Louisiana.

    e)    And generally, wherever and whenever any other words, phrases, titles, offices, agencies, commissions, committees or departments are used or referred to, substituted therefor shall be the counterpart thereof, or the office, agency, commission, committee or department designated with the function thereof by the Police Jury of St. Tammany Parish.

    f)    All authority, functions, duties, funds, property, possessions, records, obligations, employees or employee records shall be transferred to the office, officer, agency, department, committee or commission as is herein named and/or as designated by the Police Jury. (Ord. No. 80-04, adopted 06/19/80; repealed by Ord. No. 84-60, adopted 03/15/84; subsection (F) revised as to Planning Commission by Ord. No. 88-902, adopted 01/21/88)

SEC.

1-003.00 Catchlines Of Sections


    The Catchlines of the several sections of this Code, printed in boldface type, are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, or as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the Catchlines, are amended or reenacted.

SEC.

1-004.00 Effect Of Repeal Of Ordinances


    The repeal of an Ordinance shall not revive any Ordinances in force before or at the time the Ordinance repealed took effect.

    The repeal of an Ordinance shall not affect any punishment or penalty incurred before the repeal took effect, or any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the Ordinance repealed.

SEC.

1-005.00 Severability Of Parts Of Code


    The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional, unenforceable or invalid by the valid judgment of any court of competent jurisdiction, such unconstitutionality, unenforceability or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the Police Jury without the incorporation in this Code of any unconstitutional, unenforceable or invalid phrase, clause, sentence, paragraph or section.



SEC.

1-006.00 Amendments To Code; Effect Of New Ordinances; Amendatory Language


    All Ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent Ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions may be excluded from this Code by omission from reprinted pages. The subsequent Ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent Ordinances until such time as this Code and subsequent Ordinances numbered or omitted are readopted as a new Code of Ordinances.

    Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in substantially the following language: "That section of the Code of Ordinances of St. Tammany Parish is hereby amended to read as follows: ....". The new provisions shall then be set out in full as desired.

    In the event a new section not heretofore existing in this Code is to be added, the following language may be used: "Code of Ordinances of St. Tammany Parish, Louisiana, is hereby amended by adding a section to be numbered , which said section reads as follows: ....". The new section shall then be set out in full as desired.

SEC.

1-007.00 Altering Code


    It shall be unlawful for any person in the Parish to change or amend by additions or deletions, any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Parish to be misrepresented thereby. Any person, violating this section shall be punished as provided in Section 1-008.00 hereof.

SEC.

1-008.00 General Penalty For Violation Of Code; Separate Offenses


    Whenever in this Code, or in any Ordinance of the Parish, any act or omission is prohibited or is made or declared to be unlawful or a misdemeanor, or whenever in said Code or Ordinance the doing of any act or the failure to do any act is declared to be unlawful or a misdemeanor or is prohibited, and no specific penalty is provided therefor, and state law does not provide otherwise, or for a greater penalty, the violation of any such provision of this Code or any Ordinance shall be a misdemeanor punishable by a term of imprisonment of up to thirty (30) days in the Parish Jail or a fine of not less than Three Hundred Dollars ($300.00) nor more than Five Hundred Dollars ($500.00) or both. Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of any provision of this Code or any Ordinance shall continue shall constitute a separate offense. (Ord. No. 80-100, adopted 12/18/80)

CROSS REFERENCE: See also Section 1-011.00 of this Code for "Procedure for Code Violations".

SEC.

1-009.00 Officers, Employees Not Liable To Fine For Failure To Perform Duties


    No provision of this Code designating the duties of any Parish Officer or employee shall be construed so as to make such officer or employee liable for any fine or penalty provided in this Code for a failure to perform such duty, unless the intention of the Police Jury to impose such a fine or penalty on such officer or employee is specifically and clearly expressed in the section

creating the duty.

CROSS REFERENCE: See Section 2-051.00 through Section 02-057.00 of Division 5 entitled "Notification of Police Jury Members Of Capital Improvements, Special Programs, Etc."; see Section 2-071.00 entitled "Special District Budgets, Legislative Intent" for specific requirements placed therein; See also Section 2-079.00 entitled "Contracts", Subsection (B) entitled "Liability of Official To Political Subdivision" and Section 2-084.00, Subsections (A), (B) and (C) entitled "Violations": see also Section 20-005.00 entitled "Culverts" Subsection (g), (1), (2) and (3) for specific restrictions imposed upon Parish employees therein.

SEC.

1-010.00 Jurisdiction


    Except as otherwise provided, the provisions of this Code shall apply only in the unincorporated areas of the Parish.

SEC.

1-011.00 Procedure For Code Violations


    a)     Procedures:     Whenever a violation of this Code occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the cause and basis thereof, shall be filed with the administrative official or officials designated by the Police Jury to administer and enforce this Code. He shall record properly such complaint, immediately investigate and take action thereon as provided by this Code. During the investigation, the following determination will be made and properly noted:

        1.    Whether the condition creating an emergency is a health or safety hazard;

        2.    Whether the condition is on private property or public property;

        3.    Whether the condition is a violation of this Code;

        4.    The specific section (chapter and section) of this Code which has been violated;

        5.    Whether the condition is a permit violation:

            a.    If the violation is a health or safety hazard, see subsection (F);

            b.    If the violation is a permit violation, see subsection (G);

    b)     Posting:     The Director of Permits and Inspections, Director of the Departments of Public Works and/or Development, and all persons appointed as acting inspectors of the Parish of St. Tammany are empowered to serve, personally, domiciliary or by registered mail, a citation and/or summons upon persons charged with violations of any provision of the Code of Ordinances for St. Tammany Parish, Louisiana or to post a notice of violation at the place of violation. The inspectors are not authorized to arrest or otherwise take a violator into custody. The Director of Permits and Inspections, Director of the Departments of Public Works and Development, and all persons appointed as acting inspectors shall be so commissioned and designated by the Police Jury of the Parish of St. Tammany for the purpose of enforcing this Code.

        1.    If the reported condition is determined to be in violation during the investigation, the location of the violation shall be posted with a violations notice stating:

            a.    Nature of violation (description) not limited to possible penalties;
            b.    Date of posting; and
            c.    Inspector's signature.



        2.    For the record, the inspector should try to obtain as much of the following information as possible:

            a.    The description of the property where the violation has occurred, i.e., lot number and square;
            b.    The owner of the property, name and address;
            c.    Who or what caused or created the violation, name and address;
            d.    Names and addresses of witnesses or neighbors;
            e.    How long this condition has existed.

    c)     Review:    Once the posting has occurred, the inspector's supervisor will review the case, and a numbered file on each violation will be established. Also, an attempt will be made to communicate to the property owner or the person or firm responsible for the violation. The desired action will be to correct the violation within the next five (5) working days. If the communication indicates that the violator will correct the violation and pay the required penalties, after the five (5) working day period has expired and/or the required penalties have been paid, no further action will be required. An inspection will be made to ensure that the violation has been cleared.

    d)     Notification:    After the five (5) working day period has expired and the violation continues to exist, the inspector's supervisor will notify the owner or creator of the violation by certified mail. The notice will include the following:

        1.    File number and date of letter;
        2.    Specific Ordinance (chapter and section) that is in violation;
        3.    Written description of the violation;
        4.    Location of the violation;
        5.    Number of days to correct the violation before further action is taken;
        6.    Monetary penalties that exist will continue to mount on a daily basis (see subsection H, Penalties of this Section)
        7.    Reimbursement costs may be collected (subsection I, Reimbursement of Cost of this Section)

    e)     Follow-up:    After the time has expired to correct the violation and no action has occurred to correct the violation and remit the penalties, the inspector's supervisor will submit copies of the numbered violation file to the District Attorney's Office for further legal action to accomplish the following:

        1.    Have the violation corrected.
        2.    Cause the violator to remit payment of the penalties and reimbursement costs.

    f)     Dangerous conditions:
        1.    If a violation is determined to endanger the safety and/or health of adjacent residences, properties or the public, the inspector's supervisor will inform the Director of the Department of Public Works of the dangerous condition. If the Director of the Department of Public Works determines that the condition presents an imminent and substantial danger, he shall send a letter to the person respon sible for the dangerous condition demanding that he cease and desist the use or activity that is determined to be a health or safety hazard and that he perform any remedial measures necessary immediately or that suit will be filed within twenty- four (24) hours. This letter should also contain information concerning possible criminal penalties for violation of the Parish Ordinances.

        2.    The letter may be sent by certified mail or be hand delivered by an authorized administrative official. In the event the activity or use poses an immediate and apparent danger to human life, the cease-and-desist letter need not be sent and suit may be filed immediately.

        3.    If the prohibited activity has not ceased and remedial action has not taken place, the Director of Development, Director of Permits and Inspections or the Director of Public Works will request that the District Court issue an order that the activity be enjoined and/or any other order necessary to abate, contain or remove the dangerous condition.

    g)     Permit Violation:
        1.    If during the field inspection it is determined that the violation is a building permit violation, the inspector will post the property with the following:

            a.    Immediately upon obtaining knowledge of such violation, the building inspector for the Parish of St. Tammany shall affix in a prominent place on the premises a yellow citation and/or summons briefly stating building permit requirements of St.Tammany Parish and ordering the owner, lessor or tenant to immediately cease all construction on said premises until a fully issued building permit has been obtained from the Parish Department of Permits and Inspections.

            b.    Said citation and/or summons shall also contain a statement that the Department of Permits and Inspections shall not accept any application for a late permit without charging a mandatory Fifty Dollars ($50.00) per day late penalty for each day following the citation of said violation; however the maximum of aggregate late penalties shall not exceed Two Thousand Dollars ($2,000.00). Should such violation continue, it will be considered as a separate offense. Said penalty shall be non-waivable by the St.Tammany Parish Police Jury.

            c.    Said citation and/or summons shall be executed in triplicate with the original copy being affixed to the premises, duplicate copy being retained in the per manent records of the Department of Permits and Inspections, and the triplicate copy being forwarded within Ten (10) days of the issuance to the District Attorney's Office.

            d.    Nothing herein shall interfere with the ability of the District Attorney's Office to obtain an injunction at any time in order to prevent further construction on the premises and/or proceed in a civil action to collect any late penalties.

            e.    If, after the end of a ninety (90) day period from when the building inspector initially obtained knowledge that a building permit has not been obtained by the violator, the penalty provisions as stated in Subsection (b) shall be reinstated.

        2.    Furthermore, at the end of each ninety (90) day period thereafter, the penalty provisions in Subsection (b) shall automatically be reinstated until a building permit has been obtained.

        3.    The owner or tenant of any building, structure, premises, or part thereof, any architect, builder, contractor, agent or other person who commits, participates in,

assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

        4.    Nothing herein contained shall prevent the Parish from taking such other lawful actions as is necessary to prevent or remedy any violation.

    h)     Penalties:

        1.    Whenever this Code is violated, penalties will be enforced. The purpose of these penalties is to deter the general public from violating this Code.

        2.    In order to accomplish the foregoing objective, the following are the monetary penalties adopted to enforce this Code:

            a.    Any posting for violation(s) Fifty Dollars ($50.00) for the first five (5) working days of the posting.
            b.    After the initial five (5) working days, and as long as the violation(s) continues, Twenty-Five Dollars ($25.00) per day.
            c.    In no case shall the total penalties be in excess of Five Hundred Dollars ($500.00).

    i)     Reimbursement of Cost:    Whenever the Parish expends funds and/or labor and/or material, the Parish shall seek reimbursement from the violator. (Ord. No. 85-521, adopted 11/21/85)

SEC. 1-012.00 Bureau of Administrative Adjudication

    Pursuant to the applicable provisions of La.R.S. 13:2575 , the provisions of La.R.S. 13:2575.2, and all other applicable statutes, ordinances, rules and regulations, the Bureau of Administrative Adjudication and position of Administrative Hearing Officer(s) is hereby established. Any agency or department of the Parish of St. Tammany having a responsibility for the enforcement of any public health, housing, fire code, environmental, and historic district ordinance, or any matters involving licensing and permit violations, and for any other Ordinance violations that may be determined by the St. Tammany Parish Council, may seek to affect correction of the violation and the imposition of civil fines, civil penalties, fees and hearing costs for violations of such Ordinances by the owners of movable and immovable property or their agents, tenants, representatives, licensees, permittees or any other interested party pursuant to the procedures for administrative adjudication established in the sections of this Chapter.

SEC. 1-012.02 Definitions

    The following definitions shall apply in the interpretation of this Chapter. Whenever applicable, the terms used herein may be used interchangeably. The intent and spirit of these definitions is to include everyone and everything that is related to these Ordinances and the properties so affected:

    “Parish” shall mean the Parish of St. Tammany, inclusive of the Office of the Parish President.

    “Counsel to the Parish President” shall mean that person who serves exclusively as the in-house, executive counsel to the Office of the Parish President.


    “Decision” or “order” shall mean an administrative act of the Administrative Hearing Officer under authority of this Chapter.

    “Bureau” shall mean the office that heretofore has been created by Ordinance.

    “Director” shall mean the head of a Parish agency or department which enforces any public health, housing, fire code, environmental regulation, historic district ordinance, any matters involving licensing and permit violations, and any other Ordinance violations that have been determined by the St. Tammany Parish Council.

    “He,” “him”, “her”, and “she” shall be deemed to be interchangeable; it is understood that the masculine and feminine of any word is likewise interchangeable.

    “Immovable property” shall mean any unimproved land, any improved land, and any buildings, structures or other things, of whatever nature or description, which are permanently attached to such land, and anything which is otherwise defined as immovable by law.

    “Interested Person” shall mean and be deemed to include any person with an interest in this process.

    “Licensee” shall mean and be deemed to include any person to whom a Parish license or permit of any kind has been issued and/or sought by such person

    “Movable property” shall mean property that is not defined as immovable, or property that is otherwise defined as movable by law.

    “Officer” shall mean the Administrative Haring Officer.

    “Owner” shall mean and be deemed to include any person who possesses an interest in immovable property located in this Parish; such interest may or may not be recorded on the public records.

    “Occupant” shall mean and be deemed to include any person occupying immovable property by permission or accommodation of the owner, former owner, lessor, lessee, tenant or another occupant.

    “Parish Attorney” or “Counsel to the Parish President” shall mean that person who serves exclusively as the in-house executive counsel to the Office of the Parish President.

    “Permittee” shall mean and be deemed to include any person who has sought and/or been granted permission to act or take action and which is ordinarily derived from the granting of a permit.

    “Person” shall mean and be deemed to include any individual, and any legal entity, with the power to sue or be sued, and any person or entity with the power to own, alienate and/or encumber immovable property; shall be deemed to include any individual, entity or being, capable of being sued or capable of bringing suit.

    “Property” means movable and immovable property.

    “Respondent” or “alleged violator” shall mean any person or entity, including any landowner, occupant, tenant, lessee, lessor, and/or the authorized representative of any such person or

entity who had been given a notice of violation under this Chapter.

    “Registration” and “License” is to be used interchangeably.

    “Tenant” shall mean and be deemed to include any person who rents, uses, or otherwise occupies a building, structure or property owned or leased by another.

    “Violation” shall encompass all Ordinances, including but not limited to building codes, zoning, planning, vegetation, housing, blighted properties, dangerous structures and nuisance Ordinances.

    “Violator” shall mean a person who has been found liable for a violation or ordered to correct a violation in an order issued under this Chapter.
(Ord. No. 05-1094, adopted 04/07/2005)

SEC. 1-012.03 Inclusion and Adoption of All Existing Sections and Subsections of this Code

    (A) It is the intention of the Parish to adopt and include, interchangeably, all rules, regulations, fines & penalties of the Code of Ordinances (including but not limited to any amendments thereto and Supplements) to the extent that the Parish has the authority to initiate investigations, investigate, refer matters to additional agencies or departments, and otherwise fully participate in any and all regulatory matters of the Parish, including but not limited to:

    (1) Building Code (Chapter 5, Article 1, Section 5-001.00 et seq. and as may be amended, and Article II, Section 5-051.00 et seq. and as may be amended as per law), together with the Supplemental Code, Appendix “D”, as amended & revised, January, 2004,

    (2) Appendix “B”/Subdivision, Ordinance 499 (and as may be amended as per law),

    (3) Appendix “C”/Zoning/Land Use Ordinance 523 (and as may be amended as per law),

    (4) Blighted Property, Derelict & Dangerous Buildings, (Article III, Section 14-021.00 et seq. and as may be amended),

    (5) Animal Control (including but not limited to Chapter 4, Article III, Section 023.00 et seq., Article IV, Section 070.00 et seq., Article V, Section 120.00 et seq., and as may be amended per law),

    (6) Adjudicated Properties,

    (7) Flooding & Fill Ordinance (Article 1, Section 7-001.00 et seq. and as may be amended             as per law),

    (8) Litter Abatement (Article 1, Section 15-001.00 et seq. and as may be amended as per law),

    (9) Nuisance (Article 1, Section 14-001.00 et seq. and as may be amended as per law) and             (Article II, Section 14-021.11 et seq. and as may be amended as per law),

            (10) Tammany Trace (Article XVI, Section 16-131.00 et seq. and as amended as per law),


    (11) Coastal Use and Management Ordinance Calendar Series 92-1607, and as amended, and including Louisiana Revised Statute 49:214.36 and as amended,

    (12) Entering any Parish Rights of Way, including but not limited to Ordinance 2691, Series 96-2495, and as amended,

    (13) Parish Housing Code,

    (14) Alcohol (including but not limited to Chapter 3, Article V, Section 101.00 et seq., Article VI, Section 116.00 et seq., Article VII, Section 154.00 et seq., Article VIII, Section 185.00 et seq., Article IX, Section 191.00 et seq. and as amended as per law, and

    (15) Such other Ordinances now in effect or that may hereinafter adopted (including but not limited to Article 1, Section 1-001.00 et seq. and as may be amended as per law).
(Ord. No. 05-1094, adopted 04/07/2005)

SEC. 1-012.03.1 Referral for Disposition

    The Parish enforcement officers are specifically vested with the right to exclusively have the ability to refer matters to the Office of the District Attorney and/or the Administrative Hearing Officer on a case-by-case basis as exclusively determined by the Parish.
(Ord. No. 05-1094, adopted 04/07/2005)

SEC. 1-012.03.2 Conflicts

    (1) It is the intention and desire of this Council to supercede and replace all such provisions where there exists any conflict.

    (2) Where there exists any conflict, the more restrictive provision shall apply, all at the sole discretion and interpretation of the Hearing Officer.
(Ord. No. 05-1094, adopted 04/07/2005)

Sec. 1-012.04 Hearing Officer(s)

(a)    Hearing Officer(s) shall be appointed by the Office of the Parish President, with confirmation by the St. Tammany Parish Council.

(b)    All Hearing Officers shall be sworn before the Parish attorney to uphold the Constitution of the United States, the laws and Constitution of the State of Louisiana, and the Charter and Ordinances of the Parish, and to abide by the provisions of the Louisiana Code of Governmental Ethics before assuming office.

c)     A Hearing Officer shall be an attorney licensed to practice law in the State of Louisiana.

d)     A Hearing Officer shall be an attorney in good standing with any and all Courts of this State.

e)     A Hearing Officer shall have been licensed to practice law in Louisiana for ten (10) years.

f)     A Hearing Officer cannot have been employed by, nor been the legal representative of, nor done business with the Parish or any of its departments or agencies within two (2) years of employment as a hearing officer.


g)     A Hearing Officer cannot have practiced before the Parish Council within two (2) years of employment as a hearing officer.

h)     Prohibitions as to a Hearing Officer shall also include the Hearing Officer's law firm or association of attorneys.


Sec. 1-012.06 Authority of Hearing Officer

    Hearing Officers who have been appointed and sworn in accordance with Section 1-012.04 of this Chapter shall have the authority to hear and decide any alleged public health violation, housing violation, which shall also encompass the terms and applicable provisions of R.S. 14:107.3, building codes, zoning, vegetation, and nuisance ordinances, fire code violation, violation of environmental regulations, historic district Ordinance violations, any matters involving alleged licensing and permit violations, and any other Ordinance violations that may be determined by the St. Tammany Parish Council.

    Adjudication authority of the Hearing Officer shall include, but not be limited to, violations of all Chapters in this Code, together with any supplements or addenda as may be promulgated hereinafter.

SEC. 1-012.06.1 Authority to Assess and Levy

    (1) The Officer shall have the authority to assess and levy all civil fines, penalties and costs that now exist in the Code of Ordinances and those that are created hereinafter.

    (2) The Officer shall have the power and authority to take such action and assess such fines or penalties as may be authorized under the Code of Ordinances, Appendix “B”/Subdivision Ordinance 499(and as may be amended as per law).

    (3) The Officer shall have the power and authority to take such action and assess such fines or penalties as may be authorized under the Appendix “C”/Zoning/Land Use, Ordinance 523 (and as may be amended as per law).

     (4) The Officer shall have the power and authority to take such action and assess such fines or penalties as may be authorized under the Code of Ordinances as to Animal Control. Animal Control (including but not limited to Chapter 4, Article III, Section 023.00 et seq., Article IV, Section 070.00 et seq., Article V, Section 120.00 et seq., and as may be amended per law).

    (5) The Officer shall have the power and authority to take such action and assess such fines or penalties as may be authorized under the Code of Ordinances as to the Building Code (Chapter 5, Article 1, Section 5-001.00 et seq. and as may be amended, and Article II, Section 5-051.00 et seq. and as may be amended), together with the Supplemental Code, Appendix “D”, as amended & revised, January, 2004.

     (6) The Officer shall have the power and authority to take such action and assess such fines or penalties as may be authorized under the Code of Ordinances as to Blighted Property, Derelict & Dangerous Buildings, and other Dangerous Structures.(Article III, Section 14-021.00 et seq. and as may be amended).

    (7) The Officer shall have the power and authority to take such action and assess such fines or penalties as may be authorized under the Code of Ordinances as to Adjudicated Properties.


    
    (8) The Officer shall have the power and authority to take such action and assess such fines or penalties as may be authorized under the Code of Ordinances concerning Flooding & Fill, Article 1, Section 7-001.00 et seq. and as may be amended as per law)

    (9) The Officer shall have the power and authority to take such action and assess such fines or penalties as may be authorized under the Code of Ordinances as to the Tammany Trace. Tammany Trace (Article XVI, Section 16-131.00 et seq. and as may be amended as per law).

    (10) The Officer shall have the power and authority to take such action and assess such fines or penalties as may be authorized under the Code of Ordinances as to Litter and Litter Abatement.
Litter Abatement (Article 1, Section 15-001.00 et seq. and as may be amended as per law).

    (11) The Officer shall have the power and authority to take such action and assess such fines or penalties as may be authorized under the Code of Ordinances as to Nuisances and related violations. Nuisances (Article 1, Section 14-001.00 et seq. and as may be amended as per law) and (Article II, Section 14-021.11 et seq. and as may be amended as per law)

    (12) Coastal Use and Management Ordinance Calendar Series 92-1607, and as amended, and including Louisiana Revised Statute 49:214.36 and as amended.

    (13) Entering any Parish Rights of Way, including but not limited to Ordinance 2691, Series 96-2495, and as amended.

    (14) Parish Housing Code.
    
    (15) Alcohol (including but not limited to Chapter 3, Article V, Section 101.00 et seq., Article VI, Section 116.00 et seq., Article VII, Section 154.00 et seq., Article VIII, Section 185.00 et seq., Article IX, Section 191.00 et seq. and as amended as per law.
    
    (16) Such other Ordinances now in effect or that may hereinafter adopted (including but not limited to Article 1, Section 1-001.00 et seq. and as may be amended as per law)


SEC. 1-012.06.2 Repair, Remediation, Restoration and Correction

    Notwithstanding any provision herein to the contrary, the Officer shall have the additional power and authority to order repair, restoration, remediation and/or correction of any violation.
(Ord. No. 05-1094, adopted 04/07/2005)

SEC. 1-012.06.3 Costs, Fines and Penalties

    (1) The Officer shall have the exclusive authority to assess and levy the following fines, penalties and administrative costs.

    (2) Such costs, fines and penalties as may be assessed are separate and distinct from that which may be determined and assessed by any court of competent jurisdiction.

    (3) Costs

        (a)The Officer shall assess costs of any proceeding when there is finding of a violation.


        (b) Administrative costs are mandatory and may not be waived or reduced by the Officer
when determined that the Respondent has violated any section of the Parish Ordinances.

        (c) Administrative costs shall not be less than $100.00 (one hundred dollars), but may include the additional tabulation of reasonable out-of-pocket costs expended by the Parish (i.e. postings or advertisement, postage, photographs, video, related office expenses, subpoena service charges, expert fees, consultant fees, professional service expenses, attorney fees, and such other reasonably related expenses) necessary to prosecute a matter.

        (d) Additional administrative costs may be assessed against the Respondant by the Officer to include reimbursement to the Parish for employee time expended to prosecute a matter.

    (4) Fines and Penalties

        (a) As to Building Code (Chapter 5, Article 1, Section 5-001.00 et seq. and as may         be amended, and Article II, Section 5-051.00 et seq. and as may be amended) violations, the Officer shall be authorized to assess, levy and assign collection of costs, fines and penalties in the amount as more fully set out in Sec. 1-012.07 herein below on Schedule “A,” and as may be amended hereinafter by this Council, together with the Supplemental Code, Appendix “D”, as amended & revised, January, 2004.

        (b) As to Blighted Property, Derelict & Dangerous Buildings, (Article III, Section 14- 021.00 et seq. and as may be amended as per law) violations, the Officer shall be authorized to assess, levy and assign collection of costs, fines and penalties in the amount as more fully set out in Sec. 1-012.07 herein below on Schedule “B,” and as may be amended hereinafter by this Council.

        (c) As to Animal Control (including but not limited to Chapter 4, Article III, Section 023.00 et seq., Article IV, Section 070.00 et seq., Article V, Section 120.00 et seq., and as may be amended per law) violations, the Officer shall be authorized to assess, levy and assign collection of costs, fines and penalties in the amount as more fully set out in Sec. 1-012.07 herein below on Schedule “C,” and as may be amended hereinafter.

        (d) As to Appendix “B”/Subdivision Ordinance 499 (and as may be amended as per law) violations, the Officer shall be authorized to assess, levy and assign collection of costs, fines and penalties in the amount as more fully set out in Sec. 1-012.07 herein below on Schedule “D,” and as may be amended hereinafter.

        (e) As to Appendix “C”/Zoning/Land Use Ordinance 523 (and as may be amended as per law) violations, the Officer shall be authorized to assess, levy and assign collection of costs, fines and penalties in the amount as more fully set out in Sec. 1-012.07 herein below on Schedule “E,” and as amended hereinafter.

        (f) As to Adjudicated Property Code violations, the Officer shall be authorized to assess, levy and assign collection of costs, fines and penalties in the amount as more fully set out in Sec. 1-012.07 herein below on Schedule “F,” and as may be amended hereinafter by this Council.

        (g) As to Flooding & Fill Ordinance Code (Article 1, Section 7-001.00 et seq. and as may be amended as per law) violations, the Officer shall be authorized to assess, levy

and assign collection of costs, fines and penalties in the amount as more fully set out in Sec. 1-012.07 herein below on Schedule “G,” and as may be amended hereinafter by this Council.

        (h) As to Litter Prevention & Litter Abatement Code (Article 1, Section 15-001.00 et seq. and as may be amended as per law) violations, the Officer shall be authorized to assess, levy and assign collection of costs, fines and penalties in the amount as more fully set out in Sec. 1-012.07 herein below on Schedule “H,” and as may be amended hereinafter by this Council.

        (i) As to Nuisance (Article 1, Section 14-001.00 et seq. and as may be amended as per law) and (Article II, Section 14-021.11 et seq. and as may be amended as per law) violations, the Officer shall be authorized to assess, levy and assign collection of costs, fines and penalties in the amount as more fully set out in Sec. 1-012.07 herein below on Schedule “I,” and as may be amended hereinafter.

        (j) As to Tammany Trace (Article XVI, Section 16-131.00 et seq. and as may be amended as per law) violations, the Officer shall be authorized to assess, levy and assign collection of costs, fines and penalties in the amount as more fully set out in Sec. 1-012.07 herein below on Schedule “J,” and as may be amended hereinafter by this Council.

        (k) As to Coastal Use and Management Ordinance Calendar Series 92-1607, and as amended, and including Louisiana Revised Statute 49:214.36 and as amended, the Officer shall be authorized to assess, levy and assign collection of costs, fines and penalties in the amount as more fully set out in Sec. 1-012.07 herein below on Schedule “K,” and as may be amended hereinafter by this Council.
        
        (l) As to entering any Parish Rights of Way, including but not limited to Ordinance 2691, Series 96-2495, and as amended, the Officer shall be authorized to assess, levy and assign collection of costs, fines and penalties in the amount as more fully set out in Sec. 1-012.07 herein below on Schedule “L,” and as may be amended hereinafter by this Council.

        (m) As to the Parish Housing Code, the Officer shall be authorized to assess, levy and assign collection of costs, fines and penalties in the amount as more fully set out in Sec. 1-012.07 herein below on Schedule “M,” and as may be amended hereinafter by this Council.
        
        (n) As to Alcohol (including but not limited to Chapter 3, Article V, Section 101.00 et seq., Article VI, Section 116.00 et seq., Article VII, Section 154.00 et seq., Article VIII, Section 185.00 et seq., Article IX, Section 191.00 et seq. and as amended as per law, the Officer shall be authorized to assess, levy and assign collection of costs, fines and penalties in the amount as more fully set out in Sec. 1-012.07 herein below on Schedule “M,” and as may be amended hereinafter by this Council.

        (o) As to the Parish Housing Code and as amended as per law, the Officer shall be authorized to assess, levy and assign collection of costs, fines and penalties in the amount as more fully set out in Sec. 1-012.07 herein below on Schedule “N,” and as may be amended hereinafter by this Council.
        
        (p) As to any other Parish Ordinance ( including but not limited to Article 1, Section 1-

001.00 et seq. and as may be amended as per law) violations that are otherwise not specifically enumerated herein, the Officer shall be authorized to assess, levy and assign collection of costs, fines and penalties in the amount as more fully set out in Sec. 1-012.07 herein below on Schedule “O,” and as may be amended hereinafter by this Council.

        (q) Such other Ordinances now in effect or that may hereinafter adopted (including but not limited to Article 1, Section 1-001.00 et seq. and as amended as per law)

        (r) The Officer may assess and levy a daily late fee or charge against a Respondent who fails to timely and properly tender sufficient funds to satisfy any order issued by the Officer. Late fees and charges may be levied at any subsequent hearing after a determination has been made in the event Respondent fails to timely pay.

        (s) Unless otherwise precluded by State or Federal law, there shall now be no limit on the aggregate of any assessment, fine or penalty.

        (t) The Officer shall have the authority to refer any matter to the Office of the District Attorney for the 22nd Judicial District Court for further handling, the United States Department of Justice, United States Corps of Engineers, State of Louisiana or such other departments or agencies as needed and warranted under the circumstances.

(Ord. No. 05-1094, adopted 04/07/2005)

SEC. 1-012.06.4 Movables

    Where there exists a violation of any Ordinance and the matter involves a movable susceptible of seizure, the Officer shall have the authority to issue such seizure orders as are necessary to seize and take control of such movable property for safekeeping, retention purposes or disposal, all as permitted in law.

SEC. 1-012.06.5 Animals

    Where there exists a finding that a Respondent has violated an Ordinance as to any animal, the Officer shall have the authority to detain and refer said animal to the Office of Animal Services for proper disposition, as per law.

SEC. 1-012.06.6 Separate Offense

    (A) It shall be the authority of the Officer to assess and levy a separate fine and/or penalty to any Respondent for each offense committed in violation of Parish Ordinances.

    (B) For each day a violation occurs, the same shall constitute a separate offense regardless of whether such violation is of a continuing nature.

    (C)Unless otherwise precluded by Local, State or Federal law, there shall now be no limit on the aggregate of any assessment, fine or penalty.

SEC. 1-012.06.7 Multiple/Repeat Offenses

    (A)Within one year of a final determination by the Officer that a Respondent has violated an Ordinance that the Respondent is cited for the same or similar violation of the Parish

Ordinance, the Officer is authorized to then assess and levy up to and including twice or double the fine and/or penalty.

    (B) After the first year, and in the event of repeated violations thereafter, the Officer may assess and levy triple or three times the fine and/or penalty.

    (C) In the event that a Respondent violates any Ordinance more than three times within a three-year period, then the Officer, in his discretion, may assess and levy such fines or penalties as may be warranted under the circumstances and allowed as per law.

SEC. 1-012.06.8 Authority to Suspend, Revoke, Rescind Applications and Permits

    (A) The Officer shall have the authority to suspend, revoke and/or rescind any Permit issued by the Parish for any reason.

    (B) In the case of suspension of a Permit, the Officer shall have the authority to a Respondent to comply with any and all Ordinances so affected.

    (C) The Officer shall have the authority to rescind and revoke any application made to the Parish.

SEC. 1-012.06.9 Exemptions

    There is not the intent to create nor are there any known exemptions to these violations, penalties, rules or regulations.

SEC. 1-012.06.10 Community Service

    Where not precluded at law, the Officer shall have the additional authority and power to order community service, at his discretion, commensurate with the penalties herein.
(Ord. No. 05-1094, adopted 04/07/2005)

Sec. 1-012.07 Schedule of Costs, Fines, Penalties

    The following Schedules are those referenced in Sec. 1-012.06.3 above:

SCHEDULE “A”

Building Code                            - up to $500.00 per violation
(Chapter 5, Article 1, Section 5-001.00
et seq. and as may be amended, and
Article II, Section 5-051.00 et seq.
and as may be amended),                     - up to $500.00 per day for continuing violations
together with the Supplemental Code,
Appendix “D”, as revised, January, 2004

SCHEDULE “B”

Blighted Property, Derelict &                - up to $500.00 per violation
Dangerous Buildings, and other
Dangerous Structures Blighted Housing        - up to $500.00 per day for continuing

violations
(Article III, Section 14-021.00 et seq.
and as may be amended)

SCHEDULE “C”

Animal Control (including but not limited        - up to $500.00 per violation
to Chapter 4, Article III, Section 023.00         - up to $500.00 per day for continuing violations
et seq., Article IV, Section 070.00 et seq.,
Article V, Section 120.00 et seq., and
as may be amended per law) Animal Control                 

SCHEDULE “D”

Appendix “B”/Subdivision, Ordinance 499
(and as may be amended as per law)         - up to $500.00 per violation
                                        - up to $500.00 per day for continuing violations

SCHEDULE “E”

Appendix “C”/Zoning/Land Use Ordinance 523
(and as may be amended as per law)         - up to $500.00 per violation
                                        - up to $500.00 per day for continuing violations

SCHEDULE “F”

Adjudicated Property                         - up to $500.00 per violation
                                        - up to $500.00 per day for continuing violations
SCHEDULE “G”

Flooding & Fill Ordinance                    - up to $500.00 per violation
(Article 1, Section 7-001.00 et seq.
and as may be amended as per law)            - up to $500.00 per day for continuing violations

SCHEDULE “H”

Litter Prevention & Abatement                - up to $500.00 per violation
(including Article 1, Section 15-001.00 et seq.
and as may be amended as per law)         - up to $500.00 per day for continuing violations

SCHEDULE “I”

Nuisances, including                        - up to $500.00 per violation
Article 1, Section 14-001.00 et seq.         - up to $500.00 per day for continuing violations
and as may be amended as per law and
Article II, Section 14-021.11 et seq.
and as may be amended as per law
                    
SCHEDULE “J”


Tammany Trace, including Article XVI,
Section 16-131.00 et seq.                 - up to $500.00 per violation
as may be amended as per law                - up to $500.00 per day for continuing violations

SCHEDULE “K”

Coastal Use and Management Ordinance        - up to $500.00 per violation
Calendar Series 92-1607, and as amended,
and including Louisiana Revised             - up to $500.00 per day for continuing violations
Statute 49:214.36 and as amended.

SCHEDULE “L”

Entering any Parish Rights of Way,            - up to $500.00 per violation
including but not limited to Ordinance         - up to $500.00 per day for continuing violations
Number 2691, Series 96-2495, and as amended

SCHEDULE “M”

As to Alcohol (including but not limited        - up to $500.00 per violation
to Chapter 3, Article V, Section 101.00         - up to $500.00 per day for continuing violations
et seq., Article VI, Section 116.00 et seq.,
Article VII, Section 154.00 et seq., Article
VIII, Section 185.00 et seq., Article IX,
Section 191.00 et seq. and as amended as per law

SCHEDULE “N”

Parish Housing Code                        - up to $500.00 per violation
                                                - up to $500.00 per day for continuing violations

SCHEDULE “O”

Such other Ordinances now in effect
or that may hereinafter adopted             - up to $500.00 per violation
(Article 1, Section 1-001.00 et seq.
and as may be amended as per law)            - up to $500.00 per day for continuing violations

(Ord. No. 05-1094, adopted 04/07/2005)
    
Sec. 1-012.08 Counsel to the Parish President not to assist

    Legal counsel to the Office of the Parish President may not provide legal assistance to the Hearing Officer in the administration of this Chapter.

Sec. 1-012.10     Powers of the Hearing Officer

    The Hearing Officer shall have all power and authority set forth in the applicable provisions of La.R.S. 13:2575, the provisions of La.R.S. 13:2575.2, the provisions of La.R.S. 14:107.3, all

other applicable state laws and regulations, and the following nonexclusive powers to:

    (1)    Administer oaths and affirmations;

    (2)    Issue orders, including the declaration and certification set forth in La.R.S. 14:107.3, and/or administrative subpoenas compelling the attendance of witnesses, respondents and violators and the production of documents;

    3.     Levy fines, fees, penalties, and hearing costs including, but not limited to, the levying of fines and costs associated with the removal and/or securing of dangerous structures as authorized and provided for in La.R.S. 33:4754

    (4)    Order violators to correct violations within a stipulated time;

    (5)    Take necessary and lawful measures to affect correction of the violation if the violator fails to do so within the time allocated by the Hearing Officer;

    (6)    To place, or cause to be placed, liens against the immovable property located within the Parish in or on which the violation occurred, if the violator fails to remit payment for any cost and/or fines, within thirty (30) days of the levy of the same.

    (7)     Take such actions as are necessary to protect the safety, health and welfare of the citizens and property of this Parish.

    (8)    Assume such inherent powers as are necessary to protect the safety, health and welfare of the citizens and property of this Parish.

Sec. 1-012.12 Hearing Practice and Procedures

(a)    Prior to holding an administrative hearing for any violation set forth herein, and any other Ordinance violations that may be determined by the Parish Council, the Parish agency or department having enforcement responsibility shall notify the property owner, if he is an alleged violator, or both the alleged violator and the owner of any property on which a violation is alleged, if the alleged violator is not the property owner, at least fifteen (15) days in advance of the date that such a hearing is scheduled. The notification shall state the time, date and location of the hearing, and state the alleged violations; and it shall be sent by certified or registered U.S. Mail to the owner or violator, or both, or personally served on the owner or violator, or both. The date of the postmark shall be deemed to be the date of delivery. Any notification so sent and returned by U.S. Post Office shall be considered as having fulfilled the notification requirement; provided, that in the case of such a returned notice, if the person to be notified has a telephone number listed in the St. Tammany Parish phone directory at least one attempt shall be made to notify him by telephone. Proof of notification and attempts at service and telephone notice shall be entered in the record of each case prior to the hearing.

(b)    In addition to the personal or mail service required by paragraph (a) of this Section, if a violation relates to immovable property, a copy of the notice shall be affixed in a prominent location on the property on which a violation is alleged, or if safe access to the property is not reasonably practicable, on some prominent fixture on the adjacent public right-of-way as near as possible to the property, at least five (5) days in advance of the date of the hearing. It shall be unlawful for any person other than an agent of the Parish to remove such notice posted on the public right-of-way prior to the commencement of the hearing.



( c)    The notice of violation shall be, as much as possible, in laymen's language susceptible of understanding by a person of normal capacity, and shall, in large print, inform the person noticed of the need to appear at the hearing and the risk of penalties and liens which may be imposed.

(d)    Failure of any person charged with a violation to appear at the hearing shall be considered an admission of liability for the charged violation; provided that the notice requirements established in paragraphs (a), (b) and (c) of this Section have been satisfied, and provided further that a Hearing Officer, in his sound discretion and for good cause shown, may vacate an order issued on the basis of such an admission and reopen the proceedings, and may do so when requested in writing by the violator or by the appropriate director.

    (1) In case of application for an administrative re-hearing by the violator, the violator shall timely notice the director within fifteen (15) days of the issuance of the notice of the final order of a request for a referring.

    (2) In such a request, the violator shall submit any and all proof that he deems necessary to demonstrate “good cause” for such a re-hearing.

    (3) In such a case, the director shall have exclusive authority to recommend or not recommend a re-hearing to the Hearing Office.

    (4) The director shall submit his recommendation to the Hearing Officer within fifteen (15) days.

    (5) The Hearing Officer shall deny or grant a re-hearing within fifteen (15) days of receipt of the director's recommendation.

    (6) The Administrative Procedure Act (Title 49) shall specifically not apply to this limited procedure of a request for a re-hearing.

(e)    Any order compelling the attendance of witnesses or the production of documents shall be enforced by the 22nd Judicial District Court for the Parish of St. Tammany or by any other court of competent jurisdiction, in the same manner as any subpoena in a civil matter.

(f)    Complaints may be initiated by the public and violation notices will be issued upon the submission of affidavits and/or documentary evidence sufficient to prove the existence of health, housing, fire code, environmental, or historic district Ordinance violations, or any matters involving licensing and permits and any other Ordinance violations that may be determined by the Parish, as determined by the enforcement agency or department director.

(g)    Any administrative adjudication hearing held under the provisions of this Chapter shall be conducted in accordance with the rules of evidence of the Administrative Procedure Act, LSA R.S. Title 49, as may be amended from time to time. Testimony of any person shall be taken under oath and shall be recorded. The person charged with the Ordinance violation may present any relevant evidence and testimony at such hearing and may be represented by an attorney at law. However, his physical presence shall not be required at the hearing, and a failure to appear shall not be deemed an admission under paragraph (d) of this Section, if documentary evidence, duly verified by such person, is submitted to the Hearing Officer prior to the date of the hearing.

(h)     In determining the amount of any fine or penalty, the Hearing Officer shall consider the age, financial circumstances and physical and mental capacity of the violator and the degree of hardship which the fine or penalty will impose, shall weigh those factors against the degree of culpability of the violator and the gravity of the offense, and the damage to the public health, safety, welfare, and convenience and the cost to the Parish or to others occasioned by the offense.

(i)    Within five (5) legal days of the close of the hearing, the Hearing Officer shall issue a final order stating whether or not the person charged is liable for the violation; the amount of any fine or costs assessed against him and a date by which the violation shall be corrected. Any order assessed against him or her and a date by which the violation shall be corrected. Any order assessing a fine, or costs and/or stipulating a correction date may be enforced by the Courts of St. Tammany Parish. The final order shall be served in the same fashion as the original notice or, if the violator has counsel of record, by mailing or delivering the order to counsel. The final order shall notify the violator of his right of appeal and shall, so much as possible, conform to the stylistic and typographical requirements established for the notice of violation.

(j)    The Hearing Officer may, for each separate violation, order the payment of fines and hearing costs, the total of which shall not exceed the maximum which may be imposed on a misdemeanant by the Courts of this Parish; provided, however, that no civil fines or hearing costs imposed may exceed those specified for the criminal violation of the same Ordinance. All such fines and costs shall be paid into the general fund, unless it is otherwise provided by law.

(k)    The Hearing Officer, for good cause, may suspend all or a portion of his final order and may make any suspension contingent on the fulfillment of some reasonable condition.

L.     The Director of the Department of Finance shall have the authority, pursuant to the provisions of La. R.S. 33:4754, and any other applicable statutes, to sell, dispose and/or alienate such properties.

M.     Except as may otherwise be applicable, any criminal sanctions or other enforcement actions that may be brought, such as injunctive relief, are not affected by these provisions.

Sec. 1-012.14 Non-exclusivity of Procedures

    The procedures and remedies established by this Chapter shall not be deemed exclusive and may be employed in the civil enforcement of an Ordinance before, during or after the employment of any other civil enforcement mechanism provided by law, or before, during or after the commencement or conclusion of enforcement action in a civil or criminal court, unless the civil courts have definitely exonerated the alleged violator of the violation charged.

Sec. 1-012.16 Liens

    (1) The Hearing Officer shall record or cause to be recorded a certified copy of an order imposing a fine or other charge in the public records of the Parish after thirty (30) days from the issuance of the final order. The costs of such recordation shall be assessed to the property in question. The Hearing Officer may assess a reasonable fee for the costs of lien certificate preparation and title examination. Once recorded, the certified copy of this order shall constitute a lien against the land on which the violation exists.



    (2) Any lien placed against such immovable property under this Chapter shall be included in the next annual ad valorem tax bill and must be paid along with such taxes, subject, however, to any valid homestead exemption. Failure to pay the liens shall cause any parcel of immovable property which is not subject to a bona fide homestead exemption to be subject to the same provisions of law as govern tax sales of immovable property, except as may otherwise be authorized by statute, including the authority set for in the provisions of La.R.S. 33:4754. Except as may otherwise be provided, any lien placed against immovable property that has a legal homestead exemption from taxes will become payable ninety (90) days after the death of the owner thereof or immediately upon transfer of title to a new owner, whichever comes first.

    (3) Any fee or charge assessed by the Assessor's Office shall be added to the tax bill and thereafter paid to the Assessor upon payment of such taxes.

Sec. 1-012.18 Appeal

    (1) Any person or persons jointly or severally aggrieved by any decision of the St. Tammany Parish hearing officer may present a petition to the district court of the parish along with payment of such reasonable costs as may be required by the clerk. Such petition shall be duly verified, set forth that the decision is illegal, in whole or in part, and specify the grounds of the illegality. The petition shall be presented to the court within thirty days after the filing of the decision of the hearing officer.     (2) Upon the presentation of such petition, the court may allow a writ of certiorari directed to the hearing officer to review the decision of the hearing officer and there shall be prescribed therein the period of time within which a return may be made and served upon the relator's attorney. Such period shall be not less than ten days but may be extended by the court. The allowance of the writ shall not stay the proceedings upon the decision or any enforcement thereof unless the person who files the appeal for writ of certiorari furnishes security prior to filing notice of appeal with the agency of the parish designated by ordinance to accept such payments in the amount to be fixed by the hearing officer sufficient to assure satisfaction of the finding of the hearing officer relative to the fine, fee, penalty, costs of the hearing, and costs, if any, of correcting the violation.

    (3) The St. Tammany Parish hearing officer shall not be required to return the original papers acted upon by the hearing officer, but may return certified or sworn copies thereof or such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.     (4) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, the court may take additional evidence or appoint a referee to take such evidence as it may direct. Such referee shall report the same to the court with his findings of fact and conclusions of law, and his report shall constitute a part of the proceedings upon which the determination of the court shall be made.     (5) The court may reverse or affirm, wholly or in part, or may modify the decision brought up for review. All issues in any proceedings under this Section shall have preference over all other civil actions and proceedings. The appellant and St. Tammany Parish shall be parties in such civil action and proceeding; the St. Tammany hearing officer shall not be a party to such civil action and proceeding.

Sec. 1-012.20 Record Requirements



(a)    At its commencement by notice to the alleged violator, every civil adjudication proceeding shall be assigned a docket number and a style in the form of “In the Matter of” or in the form of “Parish of St. Tammany versus” followed by the name of the alleged violator. The record pertaining to each proceeding shall be maintained as a separate file in a manner similar to the fashion in which the clerks or court maintain the records of civil cases.

(b)    Each department or agency charged with the enforcement of an Ordinance within the scope of this Chapter shall maintain a log or index of all civil adjudication proceedings, which shall set forth information including but not limited to the following:

    (1)    The style and docket number of the case and the date it was commenced;
    (2)    The Ordinance or Ordinances allegedly violated;
    (3)    The date or dates of the alleged violations;
    (4)    The address(es) or other description of the property on which the alleged violation(s) occurred;
    (5)    A statement as to whether any civil or criminal court proceedings pertaining to the alleged violations are or were pending, the dates or any hearings, trials, or continuances, and the dates of their commencement and/or termination and, if the case is terminated, of its final disposition;
    (6)    A statement as to the dates of any hearing and of any final order in the case and as to whether and when any lien was filed;
    (7)    A statement as to the date of filing and disposition of any appeal.

    (8)    The Hearing Officer shall review this log or index regularly to ensure that no civil or criminal remedies of the Parish are permitted to prescribe.

Sec. 1-012.22 Superceding Ordinance

    When this ordinance is applied, its provisions shall supercede all ordinances, or parts of ordinances, previously adopted and in conflict herewith.
(Ord. No. 04-1023, adopted 12/02/04)

Sec. 1-013.00 through 1-019.00 reserved

ARTICLE II

REAL ESTATE TRANSFERS TO PARISH
            

(This Article created under the authority of Ord. No. 05-1167, adopted 08/04/2005)
                                    
Sec. 1-020.00 Title Insurance Required

    When a third party and/or any prospective Transferor seeks to donate/ dedicate/ transfer/ sell any interest in and to immovable property including but not limited to real estate, rights of way and servitudes, said person or entity shall provide:

        a)     A title insurance policy in favor of St. Tammany Parish on the caption of the property to be dedicated, donated, transferred or sold.
        
        b)     Such dedication, donation, sale or transfer of any interest in and to immovable property shall be in the name of St. Tammany Parish.


        
        c)    Any such title insurance policy shall be in an amount to be mutually established between the transferor and St. Tammany Parish.
            
        d)    Transferor shall be responsible for all costs of any insurance policy premiums.

        e)    Transferor shall be responsible for all costs of any title examination and/ or curative work.

        f)    Transferor shall pay for all recordation costs.

        g)    Transferor shall be deemed to include any person or entity that sells, dedicates, donates, or transfers an interest of such property.

        h)    Transferor shall use St. Tammany Parish standard forms or documents and or that which may be specifically approved by the Office of the Parish President.

        i)    The requirements of sub-parts (a) through (h) shall not supercede any other St. Tammany Parish ordinance or regulation.

Sec. 1-020.01 Transfers in Perpetuity

    Where such dedication/ donation/ sale/ transfer is intended and/or needed in perpetuity, including but not limited to real estate, rights of way and servitudes as determined by the Office of the Parish President, the requirements of Section 1 shall apply.

Sec. 1-020.02 Title; Costs

    Where such dedication/ donation/ sale/ transfer is not intended or is not needed in perpetuity, including but not limited to real estate, rights of way and servitudes, as determined by the Office of the Parish President, then:

        a)     Such dedication, donation, sale or transfer of any interest in and to immovable property shall be in the name of St. Tammany Parish.                     

        b)    Transferor may be responsible for all costs of any title examination

        c)    Transferor shall be responsible for all costs of curative work.

        d)    Transferor may be required to pay for all recordation costs.

        e)    Transferor shall be deemed to include any person or entity that sells, dedicates, donates, or transfers an interest of such property.

        f)    Transferor shall use St. Tammany Parish standard forms or documents and or that which may be specifically approved by the Office of the Parish President.

        g)    The requirements of sub-parts (a) through (f) shall not supercede any other St. Tammany Parish ordinance or regulation.

(Ord. No. 05-1167, adopted 08/04/2005)




ST. TAMMANY PARISH

CODE OF ORDINANCES