Morgan City Zoning Code

CHAPTER 10

06 ADMINISTRATION AND ENFORCEMENT

10.06.010 ENFORCEMENT

The County Sheriff, City Manager or their designees shall be designated as "Ordinance Enforcement Officer" and shall enforce the provisions of this title. The City Manager or designee, or City building official shall act as "inspector" under this chapter.
The "Ordinance Enforcement Officer" is hereby designated and authorized as the officer charged with the enforcement of this title. He/she shall enforce all the provisions of this title, entering actions in the court when necessary, and his/her failure to do so shall not legalize any violation of such provisions.
The City Council may, by resolution or ordinance, from time to time, entrust the enforcement and administration of this title, in whole or in part, to any officer of the City, without amendment to this title. (Ord. 17-14, 12-12-2017)

10.06.020 INSPECTION

The inspector is hereby authorized to inspect or cause to be inspected all buildings and structures in the course of construction, modification, or repair, and to inspect land uses to determine compliance with the provisions of this title; provided, however, that no such inspection shall be required as a condition precedent to commencement or continuation of any construction, modification or repair of any building or structure.
The inspector shall have the right to enter any building for the purpose of determining the use thereof or to enter the premises for the purpose of determining compliance with the provisions of this title; provided, that such right of entry shall be exercised only at a reasonable hour and that in no case shall entry be made to any occupied building or premises in the absence of the owners or tenants thereof without the written order of a court of competent jurisdiction. (Ord. 17-14, 12-12-2017)

10.06.030 ENFORCEMENT AND DUTIES OF INSPECTOR

If an "objectionable condition" exists in violation of this chapter, the inspector shall:
1. Ascertain the names of the owners and occupants and descriptions of the premises where such objects and conditions constituting a nuisance exist.
2. Serve notice in writing upon the owner and occupant of such premises, either personally or by mailing notice prepaid, addressed to the owner and occupant at their last known Post Office address as disclosed by the records of the County Assessor, or as otherwise ascertained, requiring such owner or occupant, or both, as the case may be, to eradicate or destroy and remove the nuisance within such time as the inspector may designate; provided, that any person notified pursuant to this subsection shall be given at least ten (10), but not more than twenty (20) days, as determined by the inspector following the date of service of such notice, to correct the objectionable condition. The notice shall:
  1. Contain a specific statement of the nature of the violation and generally describe the premises on which the violation exists.
  2. Provide notice to the owner, occupant or other person that a fee, pursuant to City's fee schedule, will be assessed by the City for failure to comply and may include additional costs incurred by the City if the City has to eradicate the objectionable condition or nuisance.
  3. Provide notice to the owner, occupant or other person that failure to comply may subject the owner to criminal fines and penalties as provided in this chapter, in addition to the fee and costs identified above.
  4. Inform the owner, occupant or other person that in the event he disagrees with the notice and does not wish to comply with the provisions of the notice or that he objects to the factual or legal basis for the notice, he may request in writing a hearing before the City Council at a time and place to be set by the City Council. A written application for a hearing shall state the time within which the person must conform to the provisions of the notice.
  5. Inform the person that in the event he fails or neglects to correct the objectionable condition, the City may correct the objectionable condition and may collect the costs of so correcting the objectionable condition by a court action, in which case he will be assessed such costs, together with reasonable attorney fees and court costs.
3. In the event the owner or occupant makes such request for a hearing, the City Council shall set the time and place for hearing objections and the City Recorder/Clerk shall notify the owner, occupant or other persons having an interest in said property on the condition thereof in writing of the time and place at which they may appear and be heard. The hearing shall be held not sooner than five (5) days from the date of service or mailing of the notice of hearing. (Ord. 17-14, 12-12-2017)

10.06.040 HEARING

Informal Hearing; Written Decision: At the written request of an owner, occupant or other person having an interest in property which is the subject of a notice to remove or abate weeds, objectionable conditions or objects from the property, the City Council shall conduct an informal hearing (which need not be reported), wherein such persons may present such evidence and argument as is pertinent to the question of whether or not the removal or abatement of the objects or conditions is properly within the purview of this chapter. The City Council shall also permit the presentation of evidence and argument by the inspector and other interested parties. Thereafter within not less than five (5) nor more than ten (10) days, the City Council shall, over the signature of the Mayor, or such other member of the City Council as it may designate, render its written decision, a copy of which shall be mailed to or served upon the owner or any other person to whom the original notice was given by the inspector.
Notice Of Decision; Abatement By Owner Or Occupant: In the event the decision of the City Council upholds the determination, the notice originally given by the inspector as above provided shall be deemed to be sufficient to require the owner or occupant to remove or abate the objectionable objects or conditions, and he shall have up to ten (10) days from the date of notice of the decision within which to conform thereto, unless additional time, not to exceed thirty (30) days, is authorized by the inspector.
Time Period For Compliance: In the event that the decision of the City Council either overrules or modifies the determination, the written decision of the City Council shall apprise the owner or occupant of that fact and set forth the details and extent to which the owner or occupant must make removal or other abatement of the objectionable objects or conditions, if any. The owner or occupant shall be required to conform to the decision of the City Council within ten (10) days after service or mailing of a copy of the decision, and the decision shall be deemed to be the modified decision, unless additional time is authorized by the City Council.
Filing Of Amended Notice: The City Manager shall file an amended notice and proof of service of notice. (Ord. 17-14, 12-12-2017)

10.06.050 FAILURE TO COMPLY; ABATEMENT BY CITY

If any owner, occupant or other person having an interest in land described in such notice of decision, to whom the notice was given, shall fail or neglect to conform to the requirements thereof relating to the eradication, destruction or removal of such weeds, garbage, refuse, objects or structures, the property owner or occupant shall be required to:
1. Pay to the City a fee, pursuant to City's fee schedule, for failure to comply.
  
  City Manager shall employ all necessary measures to cause such objectionable condition or nuisance to be removed or destroyed and to collect any expenses incurred from said owner or occupant. (Ord. 17-14, 12-12-2017)

10.06.060 ITEMIZED STATEMENT

The City Manager shall prepare an itemized statement of all expenses incurred in the removal and destruction of objectionable conditions or nuisances, and shall mail a copy thereof to the owner or occupant or both or to persons having an interest in the property, demanding payment within twenty (20) days of the date of mailing. The notice shall be deemed delivered when mailed by registered mail, addressed to the last known address of the property owner, occupant or persons having an interest in the property. (Ord. 17-14, 12-12-2017)

10.06.070 FAILURE TO MAKE PAYMENT

In the event the owner, occupant or person having an interest in the property fails to make payment of the amount set forth in the statement to the City within the twenty (20) days, the City Manager may cause suit to be brought in an appropriate court of law. (Ord. 17-14, 12-12-2017)

10.06.080 COLLECTION BY LAWSUIT

In the event collection of expenses of destruction and removal are pursued through the courts, the City shall sue and receive judgment for all of said expenses of destruction and removal, together with reasonable attorney fees, interest and court costs, and shall execute upon such judgment in the manner provided by law. (Ord. 17-14, 12-12-2017)

10.06.090 OBJECTIONABLE CONDITION OR NUISANCE AND ABATEMENT

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any land, building or premises established, conducted or maintained contrary to the provisions of this title, shall be, and the same is hereby declared to be unlawful and an "objectionable condition" or nuisance and the City may commence action or proceedings for the abatement and removal and enjoining thereof in the manner provided in this chapter and by law, and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief and will abate and remove such building or structure, and restrain and enjoin any person, firm or corporation from erecting, building, maintaining or using any such building or structure or using property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 17-14, 12-12-2017)

10.06.100 CRIMINAL PROCEEDING

The commencement of criminal proceedings for the purpose of imposing penalties for violations of this chapter shall not be conditioned upon prior issuance of a notice or the granting to the defendant an opportunity to abate or remove the objectionable condition or nuisance. The provisions of this chapter relating to notice and abatement shall be deemed merely alternative and additional methods of securing conformity to the provisions of this chapter. (Ord. 17-14, 12-12-2017)

10.06.110 PENALTY

Unless otherwise specified, any person, firm or corporation, whether as principal, agent or employee, or otherwise, violating, causing or permitting the violation of any of the provisions of this title shall be guilty of an infraction. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided. (Ord. 17-14, 12-12-2017)

Morgan City Zoning Code

CHAPTER 10

06 ADMINISTRATION AND ENFORCEMENT

10.06.010 ENFORCEMENT

The County Sheriff, City Manager or their designees shall be designated as "Ordinance Enforcement Officer" and shall enforce the provisions of this title. The City Manager or designee, or City building official shall act as "inspector" under this chapter.
The "Ordinance Enforcement Officer" is hereby designated and authorized as the officer charged with the enforcement of this title. He/she shall enforce all the provisions of this title, entering actions in the court when necessary, and his/her failure to do so shall not legalize any violation of such provisions.
The City Council may, by resolution or ordinance, from time to time, entrust the enforcement and administration of this title, in whole or in part, to any officer of the City, without amendment to this title. (Ord. 17-14, 12-12-2017)

10.06.020 INSPECTION

The inspector is hereby authorized to inspect or cause to be inspected all buildings and structures in the course of construction, modification, or repair, and to inspect land uses to determine compliance with the provisions of this title; provided, however, that no such inspection shall be required as a condition precedent to commencement or continuation of any construction, modification or repair of any building or structure.
The inspector shall have the right to enter any building for the purpose of determining the use thereof or to enter the premises for the purpose of determining compliance with the provisions of this title; provided, that such right of entry shall be exercised only at a reasonable hour and that in no case shall entry be made to any occupied building or premises in the absence of the owners or tenants thereof without the written order of a court of competent jurisdiction. (Ord. 17-14, 12-12-2017)

10.06.030 ENFORCEMENT AND DUTIES OF INSPECTOR

If an "objectionable condition" exists in violation of this chapter, the inspector shall:
1. Ascertain the names of the owners and occupants and descriptions of the premises where such objects and conditions constituting a nuisance exist.
2. Serve notice in writing upon the owner and occupant of such premises, either personally or by mailing notice prepaid, addressed to the owner and occupant at their last known Post Office address as disclosed by the records of the County Assessor, or as otherwise ascertained, requiring such owner or occupant, or both, as the case may be, to eradicate or destroy and remove the nuisance within such time as the inspector may designate; provided, that any person notified pursuant to this subsection shall be given at least ten (10), but not more than twenty (20) days, as determined by the inspector following the date of service of such notice, to correct the objectionable condition. The notice shall:
  1. Contain a specific statement of the nature of the violation and generally describe the premises on which the violation exists.
  2. Provide notice to the owner, occupant or other person that a fee, pursuant to City's fee schedule, will be assessed by the City for failure to comply and may include additional costs incurred by the City if the City has to eradicate the objectionable condition or nuisance.
  3. Provide notice to the owner, occupant or other person that failure to comply may subject the owner to criminal fines and penalties as provided in this chapter, in addition to the fee and costs identified above.
  4. Inform the owner, occupant or other person that in the event he disagrees with the notice and does not wish to comply with the provisions of the notice or that he objects to the factual or legal basis for the notice, he may request in writing a hearing before the City Council at a time and place to be set by the City Council. A written application for a hearing shall state the time within which the person must conform to the provisions of the notice.
  5. Inform the person that in the event he fails or neglects to correct the objectionable condition, the City may correct the objectionable condition and may collect the costs of so correcting the objectionable condition by a court action, in which case he will be assessed such costs, together with reasonable attorney fees and court costs.
3. In the event the owner or occupant makes such request for a hearing, the City Council shall set the time and place for hearing objections and the City Recorder/Clerk shall notify the owner, occupant or other persons having an interest in said property on the condition thereof in writing of the time and place at which they may appear and be heard. The hearing shall be held not sooner than five (5) days from the date of service or mailing of the notice of hearing. (Ord. 17-14, 12-12-2017)

10.06.040 HEARING

Informal Hearing; Written Decision: At the written request of an owner, occupant or other person having an interest in property which is the subject of a notice to remove or abate weeds, objectionable conditions or objects from the property, the City Council shall conduct an informal hearing (which need not be reported), wherein such persons may present such evidence and argument as is pertinent to the question of whether or not the removal or abatement of the objects or conditions is properly within the purview of this chapter. The City Council shall also permit the presentation of evidence and argument by the inspector and other interested parties. Thereafter within not less than five (5) nor more than ten (10) days, the City Council shall, over the signature of the Mayor, or such other member of the City Council as it may designate, render its written decision, a copy of which shall be mailed to or served upon the owner or any other person to whom the original notice was given by the inspector.
Notice Of Decision; Abatement By Owner Or Occupant: In the event the decision of the City Council upholds the determination, the notice originally given by the inspector as above provided shall be deemed to be sufficient to require the owner or occupant to remove or abate the objectionable objects or conditions, and he shall have up to ten (10) days from the date of notice of the decision within which to conform thereto, unless additional time, not to exceed thirty (30) days, is authorized by the inspector.
Time Period For Compliance: In the event that the decision of the City Council either overrules or modifies the determination, the written decision of the City Council shall apprise the owner or occupant of that fact and set forth the details and extent to which the owner or occupant must make removal or other abatement of the objectionable objects or conditions, if any. The owner or occupant shall be required to conform to the decision of the City Council within ten (10) days after service or mailing of a copy of the decision, and the decision shall be deemed to be the modified decision, unless additional time is authorized by the City Council.
Filing Of Amended Notice: The City Manager shall file an amended notice and proof of service of notice. (Ord. 17-14, 12-12-2017)

10.06.050 FAILURE TO COMPLY; ABATEMENT BY CITY

If any owner, occupant or other person having an interest in land described in such notice of decision, to whom the notice was given, shall fail or neglect to conform to the requirements thereof relating to the eradication, destruction or removal of such weeds, garbage, refuse, objects or structures, the property owner or occupant shall be required to:
1. Pay to the City a fee, pursuant to City's fee schedule, for failure to comply.
  
  City Manager shall employ all necessary measures to cause such objectionable condition or nuisance to be removed or destroyed and to collect any expenses incurred from said owner or occupant. (Ord. 17-14, 12-12-2017)

10.06.060 ITEMIZED STATEMENT

10.06.070 FAILURE TO MAKE PAYMENT

10.06.080 COLLECTION BY LAWSUIT

10.06.090 OBJECTIONABLE CONDITION OR NUISANCE AND ABATEMENT

10.06.100 CRIMINAL PROCEEDING

10.06.110 PENALTY

Morgan City Zoning Code

CHAPTER 10

06 ADMINISTRATION AND ENFORCEMENT

10.06.010 ENFORCEMENT

The County Sheriff, City Manager or their designees shall be designated as "Ordinance Enforcement Officer" and shall enforce the provisions of this title. The City Manager or designee, or City building official shall act as "inspector" under this chapter.
The "Ordinance Enforcement Officer" is hereby designated and authorized as the officer charged with the enforcement of this title. He/she shall enforce all the provisions of this title, entering actions in the court when necessary, and his/her failure to do so shall not legalize any violation of such provisions.
The City Council may, by resolution or ordinance, from time to time, entrust the enforcement and administration of this title, in whole or in part, to any officer of the City, without amendment to this title. (Ord. 17-14, 12-12-2017)

10.06.020 INSPECTION

The inspector is hereby authorized to inspect or cause to be inspected all buildings and structures in the course of construction, modification, or repair, and to inspect land uses to determine compliance with the provisions of this title; provided, however, that no such inspection shall be required as a condition precedent to commencement or continuation of any construction, modification or repair of any building or structure.
The inspector shall have the right to enter any building for the purpose of determining the use thereof or to enter the premises for the purpose of determining compliance with the provisions of this title; provided, that such right of entry shall be exercised only at a reasonable hour and that in no case shall entry be made to any occupied building or premises in the absence of the owners or tenants thereof without the written order of a court of competent jurisdiction. (Ord. 17-14, 12-12-2017)

10.06.030 ENFORCEMENT AND DUTIES OF INSPECTOR

If an "objectionable condition" exists in violation of this chapter, the inspector shall:
1. Ascertain the names of the owners and occupants and descriptions of the premises where such objects and conditions constituting a nuisance exist.
2. Serve notice in writing upon the owner and occupant of such premises, either personally or by mailing notice prepaid, addressed to the owner and occupant at their last known Post Office address as disclosed by the records of the County Assessor, or as otherwise ascertained, requiring such owner or occupant, or both, as the case may be, to eradicate or destroy and remove the nuisance within such time as the inspector may designate; provided, that any person notified pursuant to this subsection shall be given at least ten (10), but not more than twenty (20) days, as determined by the inspector following the date of service of such notice, to correct the objectionable condition. The notice shall:
  1. Contain a specific statement of the nature of the violation and generally describe the premises on which the violation exists.
  2. Provide notice to the owner, occupant or other person that a fee, pursuant to City's fee schedule, will be assessed by the City for failure to comply and may include additional costs incurred by the City if the City has to eradicate the objectionable condition or nuisance.
  3. Provide notice to the owner, occupant or other person that failure to comply may subject the owner to criminal fines and penalties as provided in this chapter, in addition to the fee and costs identified above.
  4. Inform the owner, occupant or other person that in the event he disagrees with the notice and does not wish to comply with the provisions of the notice or that he objects to the factual or legal basis for the notice, he may request in writing a hearing before the City Council at a time and place to be set by the City Council. A written application for a hearing shall state the time within which the person must conform to the provisions of the notice.
  5. Inform the person that in the event he fails or neglects to correct the objectionable condition, the City may correct the objectionable condition and may collect the costs of so correcting the objectionable condition by a court action, in which case he will be assessed such costs, together with reasonable attorney fees and court costs.
3. In the event the owner or occupant makes such request for a hearing, the City Council shall set the time and place for hearing objections and the City Recorder/Clerk shall notify the owner, occupant or other persons having an interest in said property on the condition thereof in writing of the time and place at which they may appear and be heard. The hearing shall be held not sooner than five (5) days from the date of service or mailing of the notice of hearing. (Ord. 17-14, 12-12-2017)

10.06.040 HEARING

Informal Hearing; Written Decision: At the written request of an owner, occupant or other person having an interest in property which is the subject of a notice to remove or abate weeds, objectionable conditions or objects from the property, the City Council shall conduct an informal hearing (which need not be reported), wherein such persons may present such evidence and argument as is pertinent to the question of whether or not the removal or abatement of the objects or conditions is properly within the purview of this chapter. The City Council shall also permit the presentation of evidence and argument by the inspector and other interested parties. Thereafter within not less than five (5) nor more than ten (10) days, the City Council shall, over the signature of the Mayor, or such other member of the City Council as it may designate, render its written decision, a copy of which shall be mailed to or served upon the owner or any other person to whom the original notice was given by the inspector.
Notice Of Decision; Abatement By Owner Or Occupant: In the event the decision of the City Council upholds the determination, the notice originally given by the inspector as above provided shall be deemed to be sufficient to require the owner or occupant to remove or abate the objectionable objects or conditions, and he shall have up to ten (10) days from the date of notice of the decision within which to conform thereto, unless additional time, not to exceed thirty (30) days, is authorized by the inspector.
Time Period For Compliance: In the event that the decision of the City Council either overrules or modifies the determination, the written decision of the City Council shall apprise the owner or occupant of that fact and set forth the details and extent to which the owner or occupant must make removal or other abatement of the objectionable objects or conditions, if any. The owner or occupant shall be required to conform to the decision of the City Council within ten (10) days after service or mailing of a copy of the decision, and the decision shall be deemed to be the modified decision, unless additional time is authorized by the City Council.
Filing Of Amended Notice: The City Manager shall file an amended notice and proof of service of notice. (Ord. 17-14, 12-12-2017)

10.06.050 FAILURE TO COMPLY; ABATEMENT BY CITY

If any owner, occupant or other person having an interest in land described in such notice of decision, to whom the notice was given, shall fail or neglect to conform to the requirements thereof relating to the eradication, destruction or removal of such weeds, garbage, refuse, objects or structures, the property owner or occupant shall be required to:
1. Pay to the City a fee, pursuant to City's fee schedule, for failure to comply.
  
  City Manager shall employ all necessary measures to cause such objectionable condition or nuisance to be removed or destroyed and to collect any expenses incurred from said owner or occupant. (Ord. 17-14, 12-12-2017)