CHAPTER 8.  DANGEROUS BUILDINGS*

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*Cross references:  Building regulations, title 8; minimum standards for existing buildings, title 8A. 

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Sec. 12:520.  Authority to condemn.
The council may condemn and cause to be demolished or removed any building or structure within the city-parish when it is in a dilapidated and dangerous condition which endangers the public welfare.
(Parish Code 1962, Title 12, § 520)12:521--12:524

Sec. 12:521.  Recommendation of removal; notice; service; condemnation in emergency.
(a)   Before the council may condemn any building or structure there must be submitted to it a written report recommending the demolition or removal of the building signed by the building official or other person authorized to act in such matters for the city-parish. The report shall contain a log of all actions taken by the department of public works regarding the building, as well as the dates of such actions. The report shall further contain documentation of the time period given to repair the building as well as any additional repair time extended. The mayor-president shall thereupon serve notice on the owner of the building or structure requiring him to show cause at a meeting of the council, regular or special, why the building or structure should not be condemned. The date and hour of the meeting shall be stated in the notice which shall be served at least ten (10) days prior to the date of the hearing, except in case of grave public emergency as hereinafter provided. The notice may be served by the sheriff or deputy sheriff or constable having jurisdiction and power to serve legal process where the owner of the building or structure is found in the state, and the officer shall make return of the service as in ordinary cases. If a return has been made certifying that the sheriff or constable has been unable to make service, then the notice may be served by an investigator employed with the office of the parish attorney.
(b)   If the owner be absent from the state or unrepresented therein, then the notice shall be served upon the occupant of the condemned building or structure, if any, and also an attorney-at-law appointed by the mayor-president to represent the absentee. Domiciliary service may be made as in ordinary cases.
(c)   In case of grave public emergency where the condition of the building is such as to cause possible immediate loss or damage to person or property the council may condemn the building after twenty-four (24) hours' notice served upon the owner or his agent or the occupant and attorney-at-law appointed to represent the absent owner.
(Parish Code 1962, Title 12, § 521; Ord. No. 13721, § 1, 8-23-06)

Sec. 12:522.  Condemnation order; demolition.
(a)   After the hearing, if, in the opinion of the council the facts justify it, an order shall be entered condemning the building and ordering that it be demolished or removed within a certain delay but no sooner than ten (10) days from date of service of the order. It shall be mandatory for the mayor-president to proceed with the demolition of condemned structures not later than thirty (30) days after the expiration of the delays permitted by the council for the owner to demolish the subject building or structure.
(b)   The decision and order of the council shall be in writing, shall supercede and nullify any building permit issued for work on the building, and shall be final unless appealed from within ten (10) days as hereinafter provided.
(Parish Code 1962, Title 12, § 522; Ord. No. 13721, § 2, 8-23-06)

Sec. 12:522.1.  Signs to be posted at condemned buildings.
Once a building or structure has been condemned by order of the council, the department of public works shall post a sign upon the property notifying the public of the classification of the building or structure as a vacant uninhabitable building. The criminal penalties for trespass and vandalism shall be stated on the sign. The sign shall read as follows:
"By order of the metropolitan council, this structure has been classified as a vacant, uninhabitable building. Trespass and vandalism are prohibited and punishable by law. The penalty for trespass is a fine of not more than twenty-five dollars ($25.00) or imprisonment for not more than twenty (20) days. The penalty for vandalism is a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than six (6) months, or both.
(Ord. No. 9614, § 2, 4-28-93)

Sec. 12:523.  Appeal from council order.
(a)   The owner, occupant, agent or other representative of the owner may appeal from the decision of the council to the district court having jurisdiction over the property. The appeal shall be made by the filing of a suit against the city-parish, setting forth the reasons why the decision or order of the council is illegal or improper and the issue shall be tried de novo  and by preference in the district court. Where a grave public emergency has been declared by the governing authority, the owner of the building who desires to prevent the demolition or removal thereof must file his petition within forty-eight (48) hours and must, at the time of the filing of the petition, furnish such bond as may be fixed by the district judge to cover any damage that might be caused by the condition of the building. 
(b)   Either party may appeal from the judgment of the district court as in other cases.
(Parish Code 1962, Title 12, § 523)

Sec. 12:524.  Demolition of building.
(a)   The owner or his designated agent may proceed to demolish and remove the building in accordance with the order of the council, provided the owner or his agent executes a contract in writing obligating himself to have the work done within the required time and files with the mayor-president a copy of the contract, together with a bond to guarantee performance.
(b)   If the owner or occupant of the building or structure fails or refuses to comply with the decision of the council and fails to appeal therefrom within the legal delays provided herein, then, in that event, the mayor-president may proceed with the demolition or removal of the condemned building or structure, in which case neither the mayor-president nor the city-parish shall be liable in damages.
(c)   Prior to the demolition or removal of the building or structure by the city-parish, the mayor-president or some official designated by him shall serve notice on the owner, or his agent, and on the occupant of the building, if any there be, or upon the attorney-at-law appointed to represent the minor, interdict or absentee owner, giving the time when work will begin upon the demolition or removal of the building.
(Parish Code 1962, Title 12, § 524; Ord. No. 13721, § 3, 8-23-06)

Sec. 12:525.  Costs of demolition to be a lien on property.
The city-parish shall have a lien and privilege for the cost of demolishing or removing the building or structure against the lot and improvements upon which the building or structure is situated. In order to preserve the lien and privilege it shall be the duty of the mayor-president to prepare and sign a sworn statement of facts, giving the description of the property and the approximate cost of demolishing or removing the building or structure, which statements of facts he shall cause to be filed and recorded in the mortgage office of the parish in which the property is located, and the city-parish shall be entitled to recover the amount of this expense together with all costs of court, by ordinary process in the district court having jurisdiction of the property.
(Parish Code 1962, Title 12, § 525)

Sec. 12:526.  Attorney to be appointed to represent absent or minor owner.
If the building or structure is unoccupied and its owner is absent from the state and unrepresented therein, or if the building is owned by a minor who has no tutor or an interdict who has no curator, the mayor-president shall appoint an attorney-at-law to represent the absentee, minor or interdict upon whom the notices and other proceedings provided therein may be served. The attorney shall be paid a reasonable fee to be taxed as cost.
(Parish Code 1962, Title 12, § 526)