ARTICLE I


IN GENERAL

SEC.

11-001.00 Food Service Operator To Have Permit From Parish Health Unit; Permit To Be Prerequisite To Occupational License Or Alcoholic Beverage Permit


    (1)     Food Service Operator, as used in this Section, shall mean any person who manufactures, prepares, serves or offers for sale any food or beverage product to the public.

         Food Service Operation as used herein shall mean any building, place or mobile unit used for the purpose of manufacture, preparation or service of any food product or beverage to the public.

    (2)    It shall be unlawful for any food service operator to be issued or sold an occupational license or alcoholic beverage license unless and until such food service operator provides the issuing or selling Parish agency, with valid proof of a permit from the Parish Health Unit to operate at the same address for which license is being requested.

    (3)    It shall be unlawful for any food service establishment to be operated without a valid permit from the Parish Health Unit.

    (4)    It shall be unlawful for any food service operator to continue the food service operation for which the permit from the Parish Health Unit has been revoked. Either verbal or written notification of permit revocation shall be considered as sufficient notification.

    (5)    It shall be the duty of the Sheriff to immediately close any food service establishment found to be operating without a permit from the Parish Health Unit or who continues to operate after their permit for such food service operation has been revoked by the Director of the Health Unit or his authorized representative and to prefer charges against the food service operator responsible for such unlawful operation. (Ord. No. 517, Bk. 7, P. 6)

SEC.

11-002.00 Parish To Have Jurisdiction Over Enforcement Of Health & Sanitation Ordinances


    The Parish, through its officers, agents or employees, shall have exclusive jurisdiction, civil and criminal, over the enforcement of all Parish Ordinances which regulate Health and Sanitation within the Parish unless otherwise specially provided for in the regulatory Ordinance. (Ord. No. 1143, adopted 04/24/80)

EDITORIAL NOTE: Ord. No. 1143, adopted 04/24/80 (by the Council), was nonamendatory of the Code; hence inclusion herein was at the discretion of the Municipal Code Corp, further copied with new edition.

SEC.

11.003.00 Disposal Of Unhealthful Materials


EDITORIAL NOTE: This section amended by authority of Ord. No. 88-992, which re-adopted Ordinance No. 87-824 adding new Sections 11-003.01 through 11-003.03 dealing with the penalty for non-compliance with the provisions of Sec. 11.003.00, the empowerment of inspectors to serve citations, and the definition of citations. Further reference LSA R.S. 33:4776, Act No. 388 of the 1988 Louisiana State Legislature.
STATE REFERENCE: LSA R.S. 33:4776



    (a)    (1)    It shall be unlawful for the owner of any lot, place or area within all subdivisions, within one hundred feet (100') of all homes, business places or establishments and within one hundred feet (100') of the exterior right-of-way limits of all state highways and parish roads or streets in the Parish of St. Tammany, or the agent of such owner, to permit on such lot, place or area, or upon any sidewalk abutting same, any weeds, grass, or deleterious unhealthful growths over fifteen inches (15") in height, trash, debris, refuse, discarded or noxious matter, that may be growing, lying or located there on.

         (2) It shall be unlawful for the owner of any lot, place or area located on Lake Pontchartrain or any waterway which has a current flow and is designated as a river or bayou on any official map of the State of Louisiana or any other body of water, depression or bed, whether or not there is a current flow present or water present within its bank, when such stream is identifiable on any official map of the State of Louisiana and the directional course of said stream indicates a discharge of water into Lake Pontchartrain, to deposit or place, or to permit the deposition or placement on such lot, place or area, or upon any river bank or seashore, adjoining owner's lot, place or area any fill material comprised, either entirely or partly, of asphaltic and/or asbestos roofing shingles. (Amendment added by Ord. No. 90-1290, adopted 06/21/90)

    (b) The St. Tammany Parish Police Jury, or its duly authorized representative, is hereby authorized and empowered to notify, in writing, the owner of any lot, place or area within the Parish of St. Tammany, or the agent of such owner, to cut, destroy and/or remove any such weeds, grass or deleterious, unhealthful growths over fifteen inches (15") in height, trash, debris, refuse, discarded or noxious matter, found growing, lying or located on such owner's property, or upon the sidewalk abutting same; or, to remove any fill material, comprised in whole, or in part of asphaltic and/or asbestos roofing shingles deposited or placed on such owner's lot, place, or area, or upon any river bank or seashore adjoining owner's lot, place or area located on Lake Pontchartrain or any waterway which has a current flow and is designated as a river or bayou on any official map of the State of Louisiana or any other body of water, depression or bed, whether or not there is a current flow present or water present within its bank, when such stream is identifiable on any official map of the State of Louisiana and the directional course of said stream indicates a discharge of water into Lake Pontchartrain; provided that such written notice shall be by Registered Mail, addressed to said owner, or agent of said owner, at his last known address. (amended by Ord. No. 90- 1290, adopted 06/21/90)

    (c)    Upon failure, neglect or refusal of any such owner, or agent of such owner to cut, destroy and/or remove such weeds, grass or deleterious, unhealthful growths over fifteen inches (15") in height, trash, debris, refuse, discarded or noxious matter, growing, lying or located upon such owner's property, or upon the sidewalk abutting same, or, to remove any fill material, comprised in whole, or in part of asphaltic and/or asbestos roofing shingles deposited or placed on such owner's lot, place, or area, or upon any river bank or seashore adjoining owner's lot, place or area located on Lake Pontchartrain or any waterway which has a current flow and is designated as a river or bayou on any official map of the State of Louisiana or any other body of water, depression or bed, whether or not there is a current flow present or water present within its bank, when such stream is identifiable on any official map of the State of Louisiana and the directional course of said stream indicates a discharge of water into Lake Pontchartrain, within ten (10) days after receipt of the written notice provided for in the Section 11-003.00 subparagraph (b), or within ten (10) days after the date of such notice, in the event the same is returned to the St. Tammany Parish Police Jury by

the Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, the St. Tammany Parish Police Jury, or its duly authorized representative, is hereby authorized and empowered to order by Parish forces or by contract and to pay for the cutting, destroying and/or removal of such weeds, grass, or deleterious, unhealthful growths over fifteen inches (15") in height, trash, debris, refuse, discarded or noxious matter or to remove any fill material comprised in whole, or in part of asphaltic and/or asbestos roofing shingles. (amended by Ord. No. 90-1290, adopted 06/21/90)

    (d)    Whenever the St. Tammany Parish Police Jury, or its duly authorized representative, has paid for the cutting, destroying and/or removing of such weeds, grass, or deleterious, unhealthful growths over fifteen inches (15") in height, trash, debris, refuse, discarded or noxious matter, or removing any fill material, comprised in whole, or in part of asphaltic and/or asbestos roofing shingles as set forth in Section 11-003.00, subparagraph (c), the actual cost thereof, plus accrued interest at the rate of eight percent (8%) per annum from the date of the completion of said work, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Sheriff and Ex-Officio Tax Collector for the Parish of St. Tammany, if not paid by such owner prior thereto, which said charge shall be due and payable by said owner at the time of payment of such tax bill. (Amended by Ord. No. 90- 1290, adopted 06/21/90)

    (e)    If the full amount due the Parish of St. Tammany is not paid by such owner within ten (10) days after the cutting, destroying and/or removing of such weeds, grass, or deleterious, unhealthful growths over fifteen inches (15") in height, trash, debris, refuse, discarded or noxious matter, or removing any fill material, comprised in whole, or in part of asphaltic and/or asbestos roofing shingles as set forth in Section 11-003.00, subparagraphs (c) and (d); then, and in that case, the St. Tammany Parish Police Jury, or its authorized representative, shall cause to be recorded in the Mortgage Office of the Parish of St. Tammany, a sworn statement showing the cost and expense incurred for the work and the date, place or property on which said work was done, and the recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes, and, further, shall be subject to a delinquent penalty of ten percent (10%) in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent, sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been properly and satisfactorily done, and shall be full notice to every person concerned that the amount of that statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.

(Ord. No. 87-824, adopted 06/18/87; amended by Ord. No. 88-992, adopted 10/20/88: amended by Ord. No. 90-1290, adopted 06/21/90.

SEC.

11-003.01 Failure To Comply With Provisions Is A Misdemeanor


    In addition to the above remedies, violations of the provisions of this Section, or failure to comply with any of its requirements, shall constitute a misdemeanor. Any person who violates this Section or fails to comply with any of its requirements shall upon conviction therefore be fined not less than Fifty Dollars ($50.00) per day, and in addition, shall pay all

cost and expenses involved in the case; however, the maximum of aggregated fines are not to exceed Five Hundred Dollars ($500.00). Each day such violation continues shall be considered as a separate offense all in accordance with Section 1-008.00 of the Code of Ordinances of St. Tammany Parish, Louisiana. (added by Ord. No. 88-992, adopted 10/20/88)

SEC.

11-003.02 Appointed And Acting Inspectors Empowered


    The Director of Permits and Inspections, the Director of Development and all persons appointed as acting inspectors of the Parish of St. Tammany are empowered to serve a citation upon persons charged with violations of any provision contained in this Ordinance or to post a notice of violation at the place of violation. (added by Ord. No. 88-992, adopted 10/20/88)

SEC.

11-003.03 Citation Defined


    As used in this Section, the term "citation" shall mean a written or printed notice served upon the person charged with a violation. Such citation shall include, but may not be limited to, the following information:

    (1)    The name of the person[s] creating the violation or the owner or person in charge of the premises at which the violation occurs.

    (2)    The date and place of violation.

    (3)    A short description of the violation followed by the number and Section of the Code of Ordinances of St. Tammany Parish, Louisiana or Supplements thereto and/or the number and Section of the Ordinance provision violated.

    (4)    The date and place at which the person[s] shall appear and a notice that if the person does not respond to the citation a warrant shall be issued for such person(s)'s arrest.

    (5)    A notice that the person charged may be represented by counsel, that he may plead guilty or not guilty, and that he has a right to a court hearing.
(Ord. No. 88-992, adopted 10/20/88)

Cross Reference: Chapter 14 - Nuisances, Sec. 14-009.00

STATE REFERENCE: LSA R.S. 33:4776, Act No. 388 of the 1988 Louisiana State Legislature.


SECS. 11-003.04 - 11-015.99 Reserved