(a)

A minimum twenty-five (25') foot buffer zone shall be established and maintained between conflicting uses caused by the location of a new commercial, industrial, multifamily, religious, educational, institutional or public project adjacent to the property being used for residential purposes.

(b)

The buffer zone shall be established and maintained by the owner of the property on which the new commercial, industrial, multifamily, religious, educational, institutional or public project is established.

(c)

The buffer zone shall consist of an eight (8') foot-high solid wood, brick or masonry fence between the residential and commercial, industrial, multifamily, religious, educational, institutional or public property lines.

(Code 1983, § 4.5-1; LPO 00-17, art. 1, 7-13-2000)

(a)

Pursuant to R.S. 40:1730.21 et seq., the most recent editions of the standards prescribed under the state uniform construction code, with the exceptions and amendments that are described in the most recently amended and compiled publication (Jan. 2015) of LAC 55:VI:301 and 901 (state uniform construction code) by the state department of public safety are hereby adopted by reference and incorporated herein as if fully set out.

(b)

The following additions/revisions are hereby made:

(1)

Article I. Application of code to additional structures. Secondary structures such as barns, sheds, outhouses, greenhouses, etc., not constructed for the purpose of residential living quarters are not subject to building code requirements.

(2)

Article II. Building official—Office established.

a.

The office of the building official is hereby created and the executive official in charge shall be known as the building official.

b.

The building official shall be appointed by the Parish President, subject to Council approval, and shall serve at the pleasure of the Council.

c.

During temporary absence or disability of the building official, the Parish President shall designate an acting building official.

(3)

Article III. Building contractors must be licensed.

a.

All persons desiring to perform any contracting work within the Parish, prior to any work being performed, must first apply in writing to the building official, upon forms provided by the Parish, for a contractor's license. All licenses will be effective from the date of issuance and shall expire December 31 next following. The license fee shall be in an amount as established by the Parish Council from time to time.

b.

All building contractors must have a state license and show proof of liability insurance before receiving a Parish license. Before receiving a Parish license, contractors not subject to state licensing requirements must show proof of insurance and present three (3) notarized affidavits to the building official: one (1) from a building supplier and two (2) from licensed contractors in the trade who know and are well-qualified to vouch for the quality of the contractor's work.

c.

All building contractors must show a copy of their certificate of status, either resident or nonresident, as obtained from the state department of revenue.

(4)

Article IV. Work to be performed by licensed contractor. No wall, structure, building or part thereof shall hereafter be built, enlarged or altered except by a licensed contractor; providing, however, that a bona fide property owner may construct any wall, structure, building or part thereof if the actual construction is performed by such property owner or under his direct supervision; however, all the provisions of the building code must be adhered to.

(5)

Article V. Parish inspections. If a lending institution requires the same three (3) inspections as required by the Parish, proof that the first two (2) inspections have been conducted by the lending company shall constitute inspection by the Parish; provided, however, that the final inspection shall be done by the Parish building inspector.

(6)

Article VI. Exception for homeowners. Any builder constructing a residential home for his own personal use and occupancy shall be exempt from building permit fees but shall be responsible for costs associated with mechanical permits for heating and air and plumbing and electrical permit fees.

(7)

Article VII. Exception for rough cut lumber. Sections R 502.1; R 602.1 and R802.1 of the International Residential Code, 2006 Edition, shall not apply to individuals who are constructing their own residences with their own non-graded lumber.

(Code 1983, § 4.5-2; LPO 01-17, §§ 1, 2, 9-13-2001; LPO 02-07, §§ 1, 2, 3-28-2002; LPO 07-87, 2-28-2008)

(a)

Any matters in the codes which are contrary to existing ordinances of the Parish shall prevail and, to that extent, any existing ordinances to the contrary are hereby repealed in that respect only.

(b)

Within the codes, when reference is made to the duties of a certain official named therein, that designated official of the Parish, who has duties corresponding to those of the named official in the code shall be deemed to be the responsible official insofar as enforcing the provisions of the code are concerned.

(c)

The Parish Council hereby adopts the latest edition of codes approved and required by the state code Council, unless a chapter is specifically excluded as indicated above.

(Code 1983, §§ 4.5-2, 4.5-3; LPO 01-17, §§ 1, 2, 9-13-2001; LPO 02-03, §§ 1—3, 2-14-2002; LPO 02-07, §§ 1, 2, 3-28-2002; LPO 03-32, 12-30-2003; LPO 07-87, 2-28-2008; LPO 09-27, 11-23-2009)

Port-a-lets (portable bathrooms) shall be placed at the following locations:

(1)

All new residential and commercial construction job sites. Contractor may use a single port-a-let (portable bathroom) on two (2) or more connecting job sites, provided each site has access to port-a-let until all construction is completed on connecting property.

(2)

All renovation job sites where indoor plumbing has been interrupted for a period of more than twenty-four (24) hours.

(3)

Placement shall be on private property; any damage to public right-of-way caused by the placement, removal or servicing of the portable bathroom shall be the responsibility of the contractor.

(Code 1983, § 4.5-4; LPO 06-15, 6-8-2006)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

Above-ground/on-ground pool. See Swimming pool.

Barrier means a fence wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.

Hot tub. See Swimming pool.

In-ground pool. See Swimming pool.

Residential means that which is situated on the premises of a detached one (1) or two (2) family dwelling or a one (1) family townhouse not more than three (3) stories in height.

Spa, nonportable. See Swimming pool.

Spa, portable, means a nonpermanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product.

Swimming pool means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas.

Swimming pool, indoor, means a swimming pool which is totally contained within a structure and surrounded on all four sides by the walls of the enclosing structure.

Swimming pool, outdoor, means any swimming pool which is not an indoor pool.

(Code 1983, § 4.5-5; LPO 12-22, 7-26-2012)

The construction activities governed by these regulations shall comply with the following:

(1)

Permit. Before construction of an in-ground swimming pool begins, a permit must be obtained from the Parish permit department. The cost of the pool permit is in an amount as established by the Parish Council from time to time. Above-ground pools do not require a permit at this time.

(2)

Enclosure requirements.

a.

Every swimming pool eighteen (18") inches or deeper shall be completely surrounded by a chain-link or solid fence or wall not less than five (5') feet in height and be constructed as not to have openings, holes, or gaps larger than four (4") inches in a vertical or horizontal direction. A dwelling or accessory building may be used as part of such enclosure. On an above-ground pool, the barrier or enclosure may be at ground level, such as the pool structure, or mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four (4") inches. The above-ground pool must have a securable ladder.

b.

All gates or door openings and ladders through such enclosure shall be equipped with a device for keeping the gate or door securely closed at all times when the swimming pool is not in use and shall be provided with hardware for permanent locking devices, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

c.

All fences, walls, and gates surrounding a swimming pool shall be maintained in good repair, free from any condition which would defeat its purpose at all times.

(3)

Maintenance of swimming pools. Every owner of a swimming pool, both in-ground and above-ground, located in the Parish shall maintain the pool in such a manner that:

a.

The pool shall not harbor or become infested with reptiles, mosquitoes, vermin or other pests;

b.

The pool shall not harbor or support submerged or emergent vegetation; and

c.

The pool shall not collect scum, film or debris to such an extent that the water is not clear enough to permit a black disk six (6") inches in diameter on a white field when placed on the bottom of the pool at the deepest point to be clearly visible from the deck around the pool at all distances up to ten (10) yards measured from a line drawn across the pool through said disk.

(4)

Failure to comply. After reasonable notice or notification by the Parish permit department, the owner, proprietor, lessee, mortgagee, or any other person having any interest legal or equitable in the property shall have seven (7) days to obtain: required permit, repair any fence, wall, or gate surrounding a swimming pool, or perform any required maintenance set forth in this Section. Failure to:

a.

Obtain a permit for an in-ground pool shall be subject to a fine of two hundred fifty dollars ($250.00) plus the cost of obtaining a permit.

b.

Failure to comply with any of the above shall be subject to:

1.

First (1st) offense, a two hundred fifty dollar ($250.00) fine;

2.

Second (2nd) offense, a five hundred dollar ($500.00) fine;

3.

Third (3rd) offense, a one thousand dollar ($1,000.00) fine;

4.

Fourth (4th) offense and thereon, from one (1) to five (5) days in jail.

All penalty fees are to be collected by the Parish permit department and deposited in the general fund.

(Code 1983, § 4.5-6; LPO 12-22, 7-26-2012; LPO 12-33, 9-13-2012)

(a)

Contractors' license fees.

(1)

All persons desiring to perform any contracting work within the Parish, prior to any work being performed, must first apply in writing to the building official, upon forms provided by the Parish, for a contractor's license. All licenses will be effective from the date of issuance and shall expire December 31 next following. The license fee shall be charged for general contractors, heating and air (mechanical), electric, plumbing and roofing.

(2)

All building contractors must have a state license before receiving a Parish license.

(b)

Commercial building valuations.

(1)

The accepted bid price plus ten (10%) percent will be used to determine the valuation of a commercial building. The schedule of permit fees for commercial construction is hereby set as follows:

a.

For valuations up to one hundred thousand dollars ($100,000.00), the fee shall be per one thousand dollars ($1,000.00).

b.

For valuations from one hundred thousand dollars ($100,000.00), through five hundred thousand dollars ($500,000.00), the fee shall be a flat amount plus a separate charge per one thousand dollars ($1,000.00) above one hundred thousand dollars ($100,000.00).

c.

For valuations above five hundred thousand dollars ($500,000.00), the fee shall be a flat amount plus a separate charge per one thousand dollars ($1,000.00) above five hundred thousand dollars ($500,000.00).

(2)

The required electrical, mechanical, and plumbing permits are also required.

(c)

Plan review fee. When the valuation of the proposed construction exceeds five thousand dollars ($5,000.00), a plan review fee shall be paid to Parish government at the time of submitting plans and specifications for checking. Said plan review fee shall be equal to one-half (1/2) of the building permit fee.

(d)

Moving fee. For the moving of any commercial building or structures, a fee shall be charged in addition to all applicable permits.

(e)

Demolition fees. For the demolition of any building or structures, a fee shall be charged from zero (0) to one hundred thousand (100,000) cubic feet and charged from one hundred thousand (100,000) and above cubic feet.

(f)

Re-inspection fee.

(1)

A re-inspection fee shall be charged when the third trip is made by the building inspector due to lockouts, insufficient information as to location of building or structure, or any other cause directly responsible to the applicant.

(2)

An inspection fee shall be charged for holidays, weekends, or any other after-hours inspections that are required by the contractor.

(g)

Unit valuations.

(1)

Heating and air permit. A heating and air permit shall be obtained for all commercial heating and air projects. In addition to the following costs, a fee shall be charged for each heating and air permit.

(2)

Plumbing. A plumbing permit shall be obtained for all commercial plumbing projects. In addition to the following costs, a fee shall be charged for each plumbing permit.

(3)

Electrical. An electrical permit shall be obtained for all commercial electrical projects. In addition to the following costs, a fee shall be charged for each electrical permit.

(4)

Roofing. A roofing permit shall be obtained for all commercial roofing projects. In addition to the following costs, a fee shall be charged for each roofing permit.

(h)

Penalty. A double permit fee shall be assessed if a permit is not obtained prior to inspection requirements.

(i)

Fees. The fees set out in this provision shall be in amounts as established by the Parish Council from time to time.

(Code 1983, § 4.5-13; LPO 02-14, §§ 1—8, 5-9-2002; LPO 06-25, §§ 1—6, 8-10-2006; LPO 06-34, 9-14-2006; LPO 17-45, 12-14-2017)

(a)

The following valuation formulas and exemptions shall be applied to new residential structures:

(1)

A plan review fee is hereby established for any residential plans within the Parish submitted for permitting.

(2)

A per-square-foot-of-living-area cost is hereby established to determine the valuation of new residential structures.

(3)

Construction of any movable structure which is one hundred (100) square feet or less shall be exempt from the building regulations, provided the structure does not involve the three (3) technical crafts in its construction.

(4)

For all other structures, including, but not limited to, signs, fences, swimming pools, etc., valuation is defined to mean the estimated cost to replace the structure in kind, based on current replacement cost.

(b)

The following permit fee schedule is hereby established:

(1)

For valuations up to and including one hundred thousand dollars ($100,000.00), the fee shall be charged per one thousand dollars ($1,000.00).

(2)

For valuations from one hundred thousand dollars ($100,000.00) through five hundred thousand dollars ($500,000.00), a flat fee shall be charged plus a separate charge per one thousand dollars ($1,000.00) above one hundred thousand dollars ($100,000.00).

(3)

For valuations above five hundred thousand dollars ($500,000.00), a flat fee shall be charged plus a separate charge per thousand ($1,000.00) above five hundred thousand dollars ($500,000.00).

(4)

The minimum permit fee will be twenty dollars ($20.00).

(c)

The following unit valuations are hereby established:

(1)

Heating and air permit. A heating and air permit shall be obtained for all residential heating and air projects. In addition to the following costs, a fee shall be charged for each heating and air permit.

(2)

Plumbing. A plumbing permit shall be obtained for all residential plumbing projects. In addition to the following costs, a fee shall be charged for each plumbing permit.

(3)

Electrical. An electrical permit shall be obtained for all residential electrical projects. In addition to the following costs, a fee shall be charged for each electrical permit.

(4)

Roofing. A roofing permit shall be obtained for all residential roofing projects. In addition to the following costs, a fee shall be charged for each roofing permit.

(d)

Penalty.

(1)

A double permit fee shall be assessed if a permit is not obtained prior to inspection requirement.

(2)

A re-inspection fee shall be charged when a third trip is made by the building official or an authorized representative due to rejection, lockouts, insufficient information as to location of building or structure, or any other cause directly responsible to the applicant. A fee shall be charged for the third re-inspection. A fee shall be charged for holidays, weekends, or any other after hours inspections that are required by the contractor.

(e)

The fees set out in this provision shall be in amounts as established by the Parish Council from time to time.

(Code 1983, § 4.5-14; LPO 02-15, §§ 1—4, 5-9-2002; LPO 06-28, § 4, 8-10-2006; LPO 06-36, 9-14-2006)

(a)

The permit fee for electrical hookup and sewer permit for apartment complexes, rental houses and trailer parks will be waived where there is an established elevation and approved sewer system.

(b)

The sewer system shall have an annual inspection.

(c)

A work authorization is issued to apartment complexes, rental houses and trailer parks that have an established elevation and an approved sewer system that has been inspected within a year.

(Code 1983, § 4.5-15; Res. of 9-11-1990)

Fees shall be established for the following permit office services:

(1)

New house trailers.

(2)

Used house trailers.

(3)

Dwelling additions/renovations.

(4)

Apartments.

(5)

Sheds.

(6)

Water pumps.

(7)

Boat slips.

(8)

Existing commercial buildings:

a.

First two thousand (2,000) square feet.

b.

Each additional one thousand (1,000) square feet.

(9)

Rent trailers/trailer parks.

(10)

Rent houses.

(11)

Existing house.

(12)

Existing trailers.

(13)

Electrical authorization.

(14)

Travel trailer.

(15)

Temporary work authorization.

(16)

Flood determination letter.

(17)

Road boring permit per bore.

(18)

Billboard permit.

(19)

Pond and dirt pit permit. If the dirt is removed from the site the permit fee will apply. There will be no charge if the dirt remains on site.

(20)

Culvert permit. All projects involving subsurface drainage shall require a culvert permit as well as a fee per catchbasin.

(Code 1983, § 4.5-15.1; LPO 06-26, 8-10-2006; LPO 06-35, 9-14-2006; LPO 07-08, 3-22-2007)

(a)

Definition.Pond means an artificially created confined body of water.

(b)

Construction or expansion. Construction or expansion of ponds require a permit.

(1)

All ponds sought to be constructed or expanded within Livingston Parish, Louisiana shall be required to apply to the Livingston Parish Permit Office and pay the fee set for this permit by the Livingston Parish Council-President Government. No new excavation shall begin until a permit is issued.

(2)

The permit application shall require the following information, to-wit:

a.

The landowner or landowners' full names, physical and mailing addresses and telephone numbers

b.

Give a brief description of the pond's purpose. Ex. Recreational, Fishing, Aesthetics, Etc.

c.

What will be done with the excavated material that is removed during the construction of the pond?

d.

The anticipated size of the pond including length, width, depth, side slope

e.

The anticipated starting date for operations and the anticipated completion date for operations at the site

f.

If the contractor/excavator is other than the property owner please provide the name of the individual or individuals or company, physical and mailing address and telephone number.

(c)

Damages to public roads.

(1)

The pond's landowners and the contractor/excavator shall be jointly responsible for obtaining and constructing access onto a public roadway. Any damages to the public roadway at this entrance shall be paid for by the landowner and/or the contractor/excavator.

(2)

The contractor/excavator shall be responsible to make sure operations at the pond construction do not impact road safety and to remove any dirt or clay that is spilled or tracked onto the public roadway.

(d)

Permit holder to provide access to Parish inspectors. As a condition of the granting of a permit to undertake pond operations, the applicant and the landowner shall grant to the Parish government's inspectors and/or compliance officers access to the site for inspections related to compliance enforcement and issuing "STOP WORK" orders at reasonable times.

(e)

Special regulations.

(1)

An application shall be submitted, and fees paid to obtain a permit.

(2)

The edge of the pond shall be sloped at a minimum ratio of three to one (3:1).

(3)

During construction or expansion, if legitimate complaints arise, the Parish government may require watering to control dust.

(4)

All ponds shall be constructed to prevent any obstruction of, or change of, any natural drainage that adversely affects neighboring properties

(5)

No pond shall be constructed within fifty (50') feet of existing or proposed soil absorption, on-site, sanitary waste disposal system. No pond shall be constructed within twenty-five (25') feet of an existing or proposed holding tank, sanitary waste disposal system.

(6)

No pond shall be constructed within thirty (30') feet from any property line.

(7)

No pond shall be constructed within thirty (30') feet from the edge of a state or Parish right of way.

(8)

Ponds that fail to meet the established criteria must go through planning for the Parish Engineer to review.

(f)

Permit fees.

(1)

Permit fees are set by the Parish government as follows:

a.

No fee will be collected if the excavated material remains on the property.

b.

A one (1) time fee of two hundred fifty dollars ($250.00) will be collected if the excavated material is to be removed from the property.

c.

Anyone who fails to comply with any of the above ordinance shall be subject to a five hundred-dollar ($500.00) fine.

(2)

All penalty fees are to be collected by the Livingston Parish Permit Department and deposited in the general fund.

(LPO 18-16, 5-10-2018)

The Parish Council may condemn and cause to be demolished or removed any building, camp or structure located within the unincorporated areas of the Parish when the building, camp or structure is in a dilapidated and dangerous condition which endangers the public welfare. 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, the term "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, the term "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, water towers, facilities, factories, manufacturing plants and permanently-installed equipment.

(Code 1983, § 4.5-16; LPO 13-20, 6-13-2013)

(a)

Before the Parish Council may condemn any building, camp or structure, there must be submitted to the Parish 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 Parish 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 Parish 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 Parish Council. Thereafter, the Parish President 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 Parish Council meeting, why the building, camp or structure should not be condemned or removed. The location, date and hour of the regular or special Parish Council meeting shall be stated in the notice which shall be served upon the owner of the building, camp or structure at least ten (10) days prior to the date of the hearing, except in the case of grave public emergency as provided in subsection (c) of this Section. 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 sheriff or deputy sheriff 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 Parish President 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 Parish Council to restrict access to the property or otherwise secure and/or protect the general public from the property, the Parish Council may condemn the building, camp or structure and cause its removal after twenty-four (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 the Parish, 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, eighteen (18) years, and has no tutor appointed for him. An interdict is a person who has been declared incompetent to manage his own affairs and has no curator appointed for him.

(f)

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

(Code 1983, § 4.5-17; LPO 13-20, 6-13-2013)

(a)

After the hearing pursuant to this article, if in the opinion of the Parish Council, the facts justify it, an order shall be issued and entered by the Parish 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 Parish 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 Parish Council.

(b)

The decision of the Parish Council shall be in writing and shall be final unless appealed from within five (5) days as provided in this article.

(Code 1983, § 4.5-18; LPO 13-20, 6-13-2013)

(a)

The owner, occupant, agent or other representative of the owner may appeal from the decision of the Parish 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 Parish Council, setting forth the reasons why the decision or order of the Parish 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 Parish 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.

(Code 1983, § 4.5-19; LPO 13-20, 6-13-2013)

(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 Parish Council, provided the owner or owner's agent executes a contract, in writing with the Parish Council, obligating the owner to have the work done within the required time and files with the Parish 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 Parish Council and fails to appeal therefrom with the legal delays provided herein, then, in that event, the Parish President may proceed with the demolition or removal of the condemned building, camp or structure as a public nuisance, in which case, neither the Parish President, the members of the Parish Council nor the Parish Council and its 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 Parish President, the Parish President 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 (10) days after this notice is served.

(d)

The Parish 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 Parish Council for the demolition and removal of condemned buildings, camps and/or structures has been expended by the Parish Council; however, the request must be accompanied by documentation that all procedural protections and substantive restraints have been adhered to by the Parish Council.

(e)

In the event all procedural protections and substantive restraints have been adhered to by the Parish Council, the Parish 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.

(Code 1983, § 4.5-20; LPO 13-20, 6-13-2013)

(a)

In the event of the demolition, removal and/or maintenance of property pursuant to Sections 110-37 through 110-47, the Parish 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 Parish Council of cleaning and maintenance of the immovable property and/or improvements at the site of the condemnation; and

(2)

The cost to the Parish 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 Parish 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 Parish Council and a reasonable opportunity to be heard, to pay the cost incurred by the Parish Council.

(d)

The privilege and lien shall be preserved by the filing and recording of an affidavit signed by the Parish President 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 Parish 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 (3) 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 Parish Council has incurred such cost as constitute the lien and privilege on the property, the Parish President may send an attested bill of said cost and expenses which constitute the lien and privilege to the Parish sheriff, who shall add the amount of the said bill to the next tax bill of the owner. The lien obtained by the Parish 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 Parish Finance Director. The Parish 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 Parish clerk of court and accrue thereafter until paid in full. The Parish 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 Parish clerk of court as recorder of mortgages for the Parish, pursuant to the provisions of R.S. 33:4762(D) regardless of the date on which the Parish Council's lien and privilege is perfected, except that the Parish 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 Parish Council has a cause of action against the owner personally for the cost incurred by the Parish Council. Such action may be brought by ordinary proceedings in any court of competent jurisdiction.

(h)

If immovable property, which may be subject to a lien and a privilege granted in favor of the Parish Council under this Section, is owned in division and the owners in in division, 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 Parish Council shall notify each owner in in division of that owner's proportionate share.

(i)

Upon failure of each owner in in division 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 Parish Council as provided in this Section.

(j)

Notwithstanding the provisions of subsection (f) of this Section to the contrary, upon payment by an owner in in division of that owner's proportionate share listed in the ad valorem tax roll for the 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 in division. 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 in division 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.

(k)

Notice of the lien and privilege required by this Section shall be made upon the owners in in division at their actual address or last-known address listed in the tax rolls of the Parish.

(Code 1983, § 4.5-21; LPO 13-20, 6-13-2013)

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 Parish President 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 subsection 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.

(Code 1983, § 4.5-22; LPO 13-20, 6-13-2013)

At such time as the Parish Council receives a written report from the Parish building inspector as required at Section 110-38 concerning a building, camp or structure in need of condemnation, the Parish 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 Parish Council, certifying for a period of time not less than fifty (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 Parish Council and shall be obtained prior to sending the notices required in this article.

(Code 1983, § 4.5-24; LPO 13-20, 6-13-2013)

The Parish 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 dilapidated and dangerous buildings within the unincorporated areas of the Parish.

(Code 1983, § 4.5-26; LPO 13-20, 6-13-2013)

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

(Code 1983, § 4.5-27; LPO 13-20, 6-13-2013)

(a)

No person shall move or relocate any building or portion thereof from without to within, within to without, within or through the Parish without first obtaining a permit for such work.

(b)

No permit shall be issued except to a contractor who has paid all licenses due to the Parish. Such license shall be in accordance with the general license law of the Parish.

(Code 1983, § 4.5-41; LPO 02-21, § 1(arts. I, II), 7-25-2002)

Before any telephone, electric light, power line or wire cable is cut or moved or any street lamppost, road signs, or any other property is moved for the purpose of moving a building or portion thereof, the moving contractor and/or the owner of the building or portion thereof shall come to an agreement with the parties owning the same, or shall pay to them the amount agreed upon to cover damages and cost thereof. Only competent linemen shall be employed to do any electrical work.

(Code 1983, § 4.5-42; LPO 02-21, § 2, 7-25-2002)

(a)

All applications for moving or relocating permits shall be submitted to the Parish building official and shall be accompanied by cash or check in an amount adoptive by the Parish Council which shall be paid by the applicant as a permit fee.

(b)

All applicants for a permit issued under this article shall have to conform to all ordinances of the Parish which govern buildings, plumbing, electrical, streets and other ordinances which will apply while such work is in progress.

(Code 1983, § 4.5-43; LPO 02-21, § 3, 7-25-2002)

Any contractor for a permit under the provisions of this article, before such permit is issued, shall secure public liability insurance with a personal injury of at least five thousand dollars ($5,000.00). In addition, all contractors shall furnish a bond of at least one thousand dollars ($1,000.00), payable to the Parish to cover the cost of any public property damage.

(Code 1983, § 4.5-44; LPO 02-21, § 4, 7-25-2002)