ARTICLE II


MORATORIUMS


SEC.

5-051.00 Definitions


    As used in this Article, the following terms shall have the meanings ascribed to them in this section:

     Advertised as used herein requires public notice of a public hearing in the official journal of the Parish and, if appropriate so as to provide for wider notification, same shall be additionally published in a newspaper with greater circulation in the area which is the subject matter of the Ordinance. Same shall be published one time, at least five (5) and not more than ten (10) days before the public hearing.

     General nature as used herein is defined as more than one such structure and/or applicable to a defined portion or area within the unincorporated limits of the Parish which encompasses more than one such structure.

     Moratorium is defined as the delay in the issuance, ceasing, halting, negating, recall or avoidance of building permits for the construction of dwellings, single-family or multifamily, townhouses, condominiums, schools, libraries, commercial buildings, industrial construction, or of any private or public buildings of whatsoever nature or kind, and accessory buildings and structures thereto.

     Public Hearing as used herein shall be a meeting at the place and time advertised, open to the general public. Same shall be conducted either by the governing body of the Parish or by a committee of its members appointed and designated by the governing body. Such meeting shall be conducted under the normal and regular rules applicable to such hearings. Said public hearing may alternatively and/or be further conducted when the Ordinance is considered for adoption. (Ord. No. 84-119, adopted 06/21/84)

SEC.

5-052.00 Declared Only By Ordinance


    No building moratorium or cessation of construction and/or the ceasing and desisting of the issuance of building permits of a general nature in any portion of the unincorporated limits of the Parish shall be declared or mandated except by Ordinance of the governing body of St. Tammany Parish. (Ord. No 84-119, adopted 06/21/84)

SEC.

5-053.00 Required Time Between Introduction And Adoption Of Ordinance


    A minimum lay-over period of twenty-six (26) calendar days is required between the date and time of the introduction of the Ordinance and the time of its adoption. (Ord. No. 84-119, adopted 06/21/84; amended by Ord. C.S. No. 03-0667, adopted 05/01/2003)

SEC.

5-054.00 Individual Building Permit, Land Use, Enforcement


    Nothing herein shall be construed to repeal or abrogate the administrative procedures and functions of building permit consideration or issuance by any proper agency or department of the Parish for an individual building permit or land use; nor are the rights, powers, duties and functions of enforcement under the existing Ordinance for building violations in any way repealed, abrogated or curtailed. (Ord. No. 84-119, adopted 06/21/84)



SEC.

5-055.00 Emergency Ordinances


    (a)    Nothing herein shall be construed to preclude the Police Jury, should it determine that same is necessary under its police power because of imminent danger to health, safety or welfare, to impose by Emergency Ordinance a Moratorium against the issuance of building permits in a specified and clearly defined area of the Parish; provided that said Emergency Ordinance shall be adopted by a simple majority of the membership of the Police Jury or its successor in office; and provided further that said Emergency Ordinance shall remain valid, binding and enforceable for a period of time not to exceed thirty (30) calendar days from the date of its adoption, or for such lesser time as may be imposed in the Ordinance.

    (b)    Thereafter, the Moratorium may be reimposed on a greater or more restricted specific defined area for successive periods of thirty (30) calendar days by the adoption of successive Emergency Ordinances.

    (c)    Alternatively and including during any thirty-day (30) period of an Emergency Ordinance, a regular Ordinance may be introduced and thereafter adopted in due course imposing the Moratorium as hereinabove recited for such time as the Police Jury may determine to be feasible and proper as is hereinabove recited. (Ord. No. 84-119, adopted 06/21/84)

SEC.

5-056.00 Vacation


    A Moratorium as herein imposed may be vacated, in whole or in part, either by Resolution or Ordinance of the governing body. (Ord. No. 84-119, adopted 06/21/84)

SEC.

5-057.00 Parish-Wide Emergencies


    This Article shall not be applicable in the event of a bona fide Parish-wide emergency. (Ord. No. 84-119, adopted 06/21/84)

SEC.

5-058.00 Judicial Relief Not Denied


    Nothing herein shall be construed as to deny any person judicial relief if said person feels aggrieved thereby. (Ord. No. 84-119, adopted 06/21/84)

SEC.

5-059.00 Violation; Penalty


    After a Moratorium is imposed as is herein provided, it shall be unlawful for any person, or persons in concert, to violate same by commencement or continuation of construction or by issuing a building permit, and said actions are prohibited. Violation shall constitute a misdemeanor, punishable under Section 1-008.00 of the Code of Ordinances of St. Tammany Parish, Louisiana. Each day of such violation constitutes a separate offense. (Ord. No. 84- 119, adopted 06/21/84)

SEC. 5-060.00 - 5.099.99 Reserved



ST. TAMMANY PARISH
CODE OF ORDINANCES