CITY OF DEQUINCY
ORDINANCE NO. 925
The City Council of the City of DeQuincy, State of Louisiana, met in regular session on the 13th day of July 2020, and adopted the following Ordinance as an amendment to Article V of the Code of Ordinances.
WHEREAS, the City of DeQuincy desires to update and modernize its Code of Ordinances regarding the regulation of Junk, Abandoned Items.
THEREFORE, BE IT ORDAINED by the City Council that Article V Junk, Abandoned Items of Chapter 10 Health And Sanitation is hereby amended to read as follows:
JUNK, ABANDONED ITEMS
Sec. 10-71 – DEFINITION; ACCUMULATION PROHIBITED
(1) It shall be unlawful to store or accumulate: junk, trash, debris, discarded or disused appliances, lawn equipment, tires, building materials, machinery or other discarded/disused items on any vacant or occupied lot, neutral grounds, or sidewalk within the corporate limits of the City of DeQuincy, LA.
(a) EXCEPTION:
Stored in a lawful manner on private property in connection with the legal business of a licensed, junk salvage facility located on property zoned and fenced in accordance with zoning codes.
(2)It shall be unlawful for the storing or abandoning of: junk/inoperable wrecked or used motor vehicles, or any part or parts thereof on any vacant lot, or on any unused portion of any occupied lot, neutral ground, street or sidewalk, within the corporate limits of the city of DeQuincy, LA. is declared to be a nuisance and a health hazard and it is prohibited.
(a) Junk vehicle means any vehicle meeting the following requirements:
1. Five years old or older
2.Is extensively damaged; such as, but not limited to, any of the following: broken glass, missing tires or wheels, missing body parts or drive train parts.
3. Is apparently inoperable.
(a)Inoperable vehicle means any vehicle that is damaged to such an extent as to render it unlawful to operate on any public right-of-way. This includes, but is not limited to, broken head or taillights, broken windshields, flat tires, missing steering wheels or seats.
(b) Is in a condition of neglect, such as windows open to the weather, sunken into the ground, covered with mold growths.
(c) Vehicle shall include, but not limited to, automobiles, motorcycles, trucks, buses, motorized recreational vehicles, off road vehicles, four wheelers, or mobile construction equipment, campers, travel trailers, boat trailers, utility trailers, or similar capable of moving or being moved on the public right-of-way.
(3) EXCEPTIONS:
(a) Any vehicle or part thereof which is completely enclosed within a building in a lawful manner or which is otherwise not visible from any street or public property.
(b) Any vehicle or part thereof stored or parked in a lawful manner on private property in connection with the legal business of a licensed dismantler, junk salvage/wrecker yard or licensed vehicle dealer or repair facility located on property zoned and fenced in accordance with zoning codes.
(c) A vehicle enclosed under a car cover designed to totally shield the vehicle from view and in good condition. Tarpaulins and general use makeshift covers shall not be allowed.
(d) Also an exception, if a person is working on vehicles at their home, they can only have two (2) vehicle visible in the yard at a time. All other vehicles to be worked on must be behind a wooden fence or under a cover specifically made to fit that vehicle. Tarpaulins and general use makeshift covers shall not be allowed.
Sec. 10-72 – NOTICE FOR REMOVAL
(a) Vehicles. When it shall appear that any automobile or motor vehicle is a “junk”, wrecked or used automobile or motor vehicle” as hereinabove defined, (see sec. 10-71 Part 2) a notice shall be placed on the vehicle itself or, if the owner is known, the notice shall be given to the owner as hereinafter provided. Any motor vehicle as hereinabove defined (see sec. 10-71 Part 2) which remains on the public ways or private property more than ten (10) days after notice is placed on the motor vehicle or more than ten (10) days after receipt of notice as hereinafter provided shall be considered as public property and shall be disposed of by the city as hereinafter provided.
(b) Other property: In the case of other junk or abandoned property as hereinabove described, (see Sec. 10-71 part (1) (a), notice shall be given as hereinafter provided to the owner (and also lessee, of any) requiring removal thereof within ten (10) days after receipt of the notice.
Sec. 10-73 – ENCLOSURE REQUIRED IN LIEU OF REMOVAL
In the event any vacant lot or unused portion of any occupied lot is being utilized for the storage of junk, wrecked or abandoned automobiles (see sec. 10-71 part (2)(3) or other junk, (see sec. 10.71 part (1)(a), as hereinabove defined, the owner (and lessee, if any) may be required to remove the offending item(s) as above provided; however, in lieu thereof, the requirement may be made that the vacant lot or other parcel of property, or any unused portion of any occupied lot or other parcel of property used for storage of the junk, as above defined, and described shall be surrounded or enclosed by the owner (and/or lessee, if any) by a board fence, color coordinated with the house, of at least six (6) feet in height from ground level, which board fence shall be painted and maintained, by the owner (and/or lessee) of the premises, at his cost. Further, the owner (and lessee, if any) shall be required to take such action as may be recommended by the city, the parish health department and/or the state health department, to prevent the breeding of flies, mosquitoes, snakes, rats and other pests and vermin in or on the premises.
Sec. 10-74 – NOTICE TO REMEDY CONDITION
In any case where the storing or abandoning of junk, as above described and defined in aforementioned (sec. 10-71 part (1)(2) is found to exist, the city, acting through its mayor, or his duly authorized agent, shall notify the owner of the lot, place, or area of violation, as shown on the last assessment roll duly filed with the tax assessor’s office, by sending a letter by registered or certified mail to the record owner of the property (and also the lessee, if any) demanding either the removal of the junk or the erection of a board fence or other non-transparent material as described above. If removal is required, the record owner (and the lessee, if any) of the property shall have a period of ten (10) days from the date of receipt of the registered or certified letter giving the notice in which to comply with the demand for removal; if the erection of a board fence or other non-transparent enclosure is required, the record owner, (and also the lessee, if any) shall be granted a reasonable period of time to comply therewith, which period of time shall be not less than thirty (30) days.
Sec. 10-75 – CIVIL PENALTIES
Failure to comply with the demand provided for above within in Section 10-74 the stated period of time shall constitute a violation of this article, and each and every thereafter that the owner (and the lessee, if any) fails or refuses to comply with the demand shall amount to and constitute a separate violation, and the violation or violations shall be punishable as provided by the Code of Ordinances of the city. (See Chapter 1 Sec. 1-8 – General penalty & Sec. 1-9 Cost upon conviction.) Further, in the event the owner (and lessee, if any) does not remove the junk within the ten-day period, the city may do so and charge the owner of the offending material for the cost of removal, not to exceed the sum of two hundred dollars ($200.00) and, in the case of the junk or abandoned property other than automobiles or motor vehicles, the cost or removing the material shall constitute a special lien collectible by law, i.e., the mayor shall prepare and sign a sworn statement of fact, giving the description of the property and the cost of removing the junk which statement he shall cause to be filed and recorded in the mortgage records of the parish. The city shall be entitled to recover, by ordinary process, the amount of the lien, with interest thereon from date of recordation of the lien until paid, at the rate of twelve (12) per cent per annum and also court costs and reasonable attorney’s fees in connection therewith.
Yeas: 5
Nays: 0
Absent: 0
This Ordinance was declared duly adopted this 13th day of July, 2020.
/s/Mark Peloquin,
Chairman of the Council
I hereby certify that the foregoing Ordinance has been presented to the Mayor on this 13th day of July, 2020, at 8:00 o’clock p. m.
/s/Pat Brummett,
Secretary of the Council
and City Clerk
I have reviewed the above and foregoing Ordinance on this 13th day of July, 2020, and do hereby Approve/Veto same.
/s/Riley Smith,
Mayor
I hereby certify that I have received from the Mayor at 8:00 o’clock p. m., on this 13th day of July, 2020, the foregoing Ordinance which has been Approved by the Mayor.
/s/Pat Brummett,
Secretary of theCouncil
and City Clerk
I certify that the above and foregoing constitutes a true and correct copy of an Ordinance duly adopted at a meeting of the City Council of the City of DeQuincy held on July 13, 2020, at which meeting a quorum was present and voted in favor of said Ordinance, and said Ordinance has never been modified or rescinded and is still in full force and effect.
Date: July 13, 2020
/s/Pat Brummett,
Secretary of the
Council and City Clerk
Run: July 15, 2020 (Jy-4)
