The town council may condemn and cause to be demolished or removed any building, camp or structure located within the unincorporated areas of [the] town when the building, camp or structure is in a dilapidated and dangerous condition which endangers the public we fare. As used in this article, the term building refers to a roofed and walled structure built for permanent use and includes all appurtenant parts thereto. As used in this article, a camp refers to a recreational structure that includes a permanent roof and is utilized to house or provide shelter to persons and all appurtenant parts thereof. As used in this article a structure refers to anything made up of independent parts in a definite pattern of organization, specifically including but not limited to buildings, garages, workshops, storage sheds, barns, communication towers, watertowers, facilities, factories, manufacturing plants and permanently installed equipment.

(Ord. of 6-10-2019(2))

(a)

Before the town council may condemn any building, camp or structure, there must be submitted to the town council a written report detailing the current condition of the building, camp or structure and recommending the demolition or removal of the building, camp or structure inspected and signed by the town building inspector. In the case of a burned building, camp or structure, the building inspector shall also provide proof from the state fire marshal that the building is free from arson investigation. The town council shall then accept this report and approve moving forward with condemnation proceedings by a resolution duly passed by a majority of the membership of the town council. Thereafter, the town mayor shall thereupon serve notice on the owner of the building, camp or structure requiring the said owner to show cause at either a regular or special town council meeting, why the building, camp or structure should not be condemned or removed. The location, date and hour of the regular or special town council meeting shall be stated in the notice which shall be served upon the owner of the building, camp or structure at least ten days prior to the date of the hearing, except in the case of grave public emergency as hereinafter provided. The notice may be served by registered or certified mail, postage prepaid, addressed to the owner at the owner's last known address. The notice may also be served by the chief of police or town police or constable having jurisdiction and power to serve legal process where the owner of the building, camp or structure is found in the state and the officer shall make a return of the service as in ordinary cases.

(b)

If the owner is absent from the state and unrepresented therein, then the notice shall be served upon the owner by certified mail at the owner's last known address and upon the occupant of the dilapidated and dangerous building, camp or structure, if any, and also upon an attorney at law appointed by the town mayor to represent the absentee owner. Domiciliary service may be made on the owner as in ordinary cases. In the case of a jointly owned building, camp or structure by a husband and wife, both the husband and the wife in community, shall be served with this notice. Otherwise, each and every owner of the building, camp or structure shall be served with notice as required herein.

(c)

In the case of grave public emergency, where the condition of the building, camp or structure is such as to cause possible immediate loss or damage to persons or property and there is no means for the town council to restrict access to the property or otherwise secure and/or protect the general public from the property, the town council may condemn the building, camp or structure and cause its removal after 24 hours' notice served upon the owner or the owner's agent or the occupant and attorney at law appointed to represent the absentee owner, incompetent owner, minor child owner or a deceased owner.

(d)

Any notice served pursuant to this section shall be filed with the recorder of mortgages for town, being the parish clerk of court. Once filed, the notice shall be deemed notice to all subsequent transferees. Any transferee of such property takes the property subject to all recorded liens, mortgages and notice thereunto pertaining.

(e)

As used herein, an absentee owner is one who has no representative in the state and whose whereabouts are not known and cannot be ascertained by diligent effort. A deceased person is a person who has died where there is no legally appointed person to represent the estate. A minor is a person who has not attained the age of majority, 18 years, and has no tutor appointed for him or her. An interdict is a person who has been declared incompetent to manage his or her own affairs and has no curator appointed for him or her.

(f)

Whenever a word is used in this section in the plural form but there is only one person or thing within the scope of its application such word, though in plural form, shall have a singular meaning and vice versa. Likewise, words of one gender shall include the other gender.

(g)

The town council shall order an abstract on the property prior to any action on property to be demolished or condemned.

(Ord. of 6-10-2019(2))

(a)

After the hearing pursuant to this article, if in the opinion of the town council, the facts justify it, an order shall be issued and entered by the town council condemning the building and ordering that it be demolished or removed within a certain reasonable delay. If repairs will correct the dilapidated, dangerous or unsafe condition, the town council may grant the owner the option of making such repairs, but in such a case the general nature or extent of the repairs to be made, the time thereof and the defects to be corrected shall be specified in the decision of the government body.

(b)

The decision of the town council shall be in writing and shall be final unless appealed from within five days as hereinafter provided.

(Ord. of 6-10-2019(2))

(a)

The owner, occupant, agent or other representative of the owner may appeal from the decision of the town council to the 21st Judicial District Court, being the district court having jurisdiction over the said immovable property and the building, camp, structure and/or improvements located thereon. The appeal shall be made by the filing of a suit against the town council, setting forth the reasons why the decision or order of the town council is illegal or improper and the issue shall be tried de novo and by preference in the 21st Judicial District Court. Where a grave public emergency has been declared by the town council, the owner of the building, camp or structure who desires to prevent the demolition or removal of the building, camp or structure must file a petition within 48 hours and must at the time of the filing of the petition furnish such bond as may be fixed by the district court to cover any damage that might be caused by the condition of the building, camp or structure.

(b)

Either party may appeal from the judgment of the 21st Judicial District Court as in all other civil cases.

(Ord. of 6-10-2019(2))

(a)

The owner or the owner's designated agent may proceed to demolish and remove the building, camp or structure or have it repaired in accordance with the order of the town council, provided the owner or owner's agent executes a contract in writing with the town council obligating the owner to have the work done within the required time and files with the town council a copy of the contract, together with a bond to guarantee performance.

(b)

In the event that the owner or occupant of the building, camp or structure fails or refuses to comply with the decision of the town council and fails to appeal therefrom with the legal delays provided herein, then in that event, the mayor may proceed with the demolition or removal of the condemned building, camp or structure as a public nuisance, in which case neither the mayor, the members of the town council nor officers, agents and/or employees shall be liable for damages.

(c)

Prior to the demolition or removal of the building, camp or structure by the mayor, the mayor shall serve notice upon the owner or his agent and upon the occupant of the building, camp or structure, if any there be, or upon the attorney at law appointed to represent the absentee owner, minor, interdict or unrepresented decedent, giving notice of the time when work will begin upon the demolition or removal of the building, camp or structure as a public nuisance. Demolition or removal of the building, camp or structure shall not begin until at least ten days after this notice is served.

(d)

The town council may request and the adjutant general of the Louisiana National Guard may assign, subject to the approval of the Governor, Louisiana National Guard personnel and equipment to assist in the removal and demolition of condemned buildings, camps and/or structures as public nuisances. The provisions of this subsection shall be applicable when the budget of the town council for the demolition and removal of condemned buildings, camps and/or structures has been expended by the town council; however, the request must be accompanied by documentation that all procedural protections and substantive restraints have been adhered to by the town council.

(e)

In the event all procedural protections and substantive restraints have been adhered to by the town council, the town council and its personnel and the Louisiana National Guard and their personnel shall not be liable to the owner of the building, camp or structure for any damages sustained resulting from the demolition and/or removal of the building, camp or structure.

(Ord. of 6-10-2019(2))

(a)

In the event of the demolition, removal and/or maintenance of property pursuant to article VI of chapter, sections 8-144.6 through 8-144.10 of this Code, the town council shall have a privilege and lien upon any and all immovable property and the improvements located thereon belonging to the owner of the condemned property and the owner of the condemned property is liable for:

(1)

The cost to the town council of cleaning and maintenance of the immovable property and/or improvements at the site of the condemnation; and

(2)

The cost to the town council of demolishing or removing or both of a building, camp or other structure situated upon the immovable property or improvements of the owner and all attorney's fees incurred by the town council in connection with such demolition or removal.

(b)

"Maintenance" shall include but not be limited to the cutting of grass, weed abatement and trash and debris or garbage removal necessary as part of the condemnation process.

(c)

The privilege and lien shall be preserved and enforced only after the owner has refused, after notification by the town council and a reasonable opportunity to be heard, to pay the cost incurred by the town council.

(d)

The privilege and lien shall be preserved by the filing and recording of an affidavit signed by the mayor and duly filed in the mortgage records of the parish clerk of court. The affidavit shall include a description of the property sufficient to reasonably identify the immovable property involved and a statement of the facts listing the costs incurred by the town council.

(e)

The privilege and lien shall be enforced by ordinary process in the 21st Judicial District Court in and for the parish within three years after it has been perfected. Alternatively, the privilege and lien may be enforced by assessing the amount of the privilege and lien against the immovable as a tax against the immovable property to be enforced and collected as any ordinary property tax lien to be assessed against the said property; said lien and privilege may be collected in the manner fixed for collection of taxes and shall be subject to the same civil penalties for delinquencies. After the town council has incurred such cost as constitute the lien and privilege on the property, the mayor may send an attested bill of said cost and expenses which constitute the lien and privilege to the town clerk who shall add the amount of the said bill to the next tax bill of the owner. The lien obtained by the town council pursuant to proper notification and filing shall include not only the cost provided for in subsection (a) of this section but shall also include all reasonable attorney's fees and/or cost of court incurred in the locating of the owner, the notification of the owner and the enforcement and collection of the amounts secured by the lien against the immovable property and the improvements located thereon, as certified to by the town finance director. The town council shall also recover interest on the amount secured by the lien. The interest shall be set at the rate of legal interest provided for in R.S. 9:3500 and shall be computed from the date of recordation of the lien with the town clerk and the clerk of court and accrue thereafter until paid in full. The town council's privilege and lien shall prime all of the liens and privileges against the property filed after the notice to the owner to show cause is filed with the town clerk and parish clerk of court as recorder of mortgages for Livingston Parish, Louisiana, pursuant to the provisions of R.S. 33:4762(0) regardless of the date on which the town council's lien and privilege is perfected, except that the town council's lien and privilege will not prime other tax liens against the property.

(f)

The lien shall not be cancelled until the payment of all amounts including costs, attorney's fees and interest.

(g)

In addition to the lien and enforcement procedures authorized under this section, the town council has a cause of action against the owner personally for the cost incurred by the town council. Such action may be brought by ordinary proceedings in any court of competent jurisdiction.

(h)

(1)

If immovable property, which may be subject to a lien and a privilege granted in favor of the town council under this section, is owned indivision and the owners in indivision, with their proportionate share in the property are listed separately by the tax assessor on the ad valorem tax roll for the parish, then the town council shall notify each owner in indivision of that owner's [proportionate share].

(2)

Upon failure of each owner in indivision to pay that owner's proportionate share of the charges incurred under this section, that part of the property for which the charges are not paid shall be subject to a lien and privilege in favor of the town council as provided in this section.

(3)

Notwithstanding the provisions of subsection (f) of this section to the contrary, upon payment by an owner in indivision of that owner's proportionate share listed in the ad valorem tax roll for the town and parish of the charges, attorney's fees and interest incurred under this section and after certification of such proportionate interest by the parish assessor, the lien and privilege granted under this section shall be removed from the proportionate interest of the paying owner in indivision. If outstanding charges levied under the section are added to the annual ad valorem tax bill, the proportionate payment by the paying owner or owners in indivision shall be reflected on the bill and each such owner's interest in the property free of such charge will be distinguished on the tax bill.

(4)

Notice of the lien and privilege required by this section shall be made upon the owners in indivision at their actual address or last known address listed in the tax rolls of the town and parish.

(Ord. of 6-10-2019(2))

In the event that the building, camp or structure is unoccupied and its owner is an absentee from the state and unrepresented therein or in the event the building is owned by a minor who has no tutor or an interdict who has no curator, or in the event that the building is owned by a deceased person for whom no estate representative has been appointed, the mayor shall appoint an attorney at law to represent the absentee, minor or interdict and/or the unopened estate, upon whom the notices and other proceedings provided in this subpart [section] may be served. The attorney so appointed shall represent and notify the owner and shall be paid a reasonable fee to be taxed as cost.

(Ord. of 6-10-2019(2))

Whenever a word is used in this article in plural form but there is only one person or thing within the scope of its application, such word, though in plural form, shall have a singular meaning and vice versa. Likewise words of one gender shall include the other gender.

(Ord. of 6-10-2019(2))

At such time as the town council receives a written report from the town building inspector as required at section 8-144.1 hereinabove concerning a building, camp or structure in need of condemnation, the town council shall retain the services of an attorney at law to research and abstract title to the property and issue a title opinion letter to the town council certifying for a period of time not less than 50 years as to ownership of and the status of taxes, mortgages and liens against the subject property and providing any and all information on the public records detailing the names and addresses of the current owners. This abstract of real estate title, title examination and title certification letter shall be obtained by the town council and shall obtained prior to sending the notices required in article II of this chapter.

(Ord. of 6-10-2019(2))

The town council shall include in its annual budget reasonable amounts for the payment of abstractors, attorneys, engineers, architects, contractors and other costs and expenses associated with the condemnation of dilapidate and dangerous buildings within the unincorporated areas of Town of Albany, Louisiana.

(Ord. of 6-10-2019(2))

The town clerk shall maintain a separate and exact record of all fees, expenses and costs incurred by the town council and associated with condemnation of buildings, camps and/or structures. These amounts shall be paid from the budget of the town general fund. These records shall include copies of all bills, receipts and cancelled checks.

(Ord. of 6-10-2019(2))