ORDINANCE CITY OF NEW ORLEANS CITY HALL: January 23, 2014 CALENDAR NO. 29,940 NO. MAYOR COUNCIL SERIES BY: COUNCILMEMBERS CANTRELL, HEAD, AND GISLESON PALMER (BY REQUEST) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE to amend and reordain Sections 66-312 through 66-350 of Chapter 66 of the Code of the City of New Orleans, relative to weeds, debris and noxious growths, an owner s duties relative thereto, the City s enforcement authority and procedures relative thereto, that an owner shall be responsible for charges assessed for City enforcement relative thereto; and to otherwise provide with respect thereto. SECTION 1. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY ORDAINS, That Sections 66-312 through 66-350 of the Code of the City of New Orleans are hereby amended and reordained to read as follows: Chapter 66 ENVIRONMENT * * * Article V. NUISANCES * * * DIVISION 3. Weeds Sec. 66-312. Duty to maintain plant growth and remove debris. 1. It shall be the duty of every owner of real estate within the City to at all times cut and mow the grass and weeds on their respective property and in the space between the property line and the curbline in front, rear and alongside thereof, so that neither grass nor weeds shall rise above the height of 18 inches, and shall cause the removal of any cuttings or mowings. 1
15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 2. It shall be the duty of every owner of real estate within the City to at all times remove any trash, debris, refuse, or discarded matter from their respective property in accordance with the applicable collection and disposal provisions of Chapter 138 of this Code. 3. It shall be the duty of every owner of real estate within the City to at all times destroy and remove poison oak, poison ivy, poison sumac, or similar noxious plants or growths from their respective property. For purposes of the Division, destroy shall mean the complete killing of the plants or growths above the surface of the ground by the use of chemicals, cutting, tillage or any combination of those methods that will effectively prevent the growth from maturing and spreading. Sec. 66-313. Enforcement Authority The Administrative Office or its authorized designee, shall have the authority and ability to enforce the duties and provisions contained in Section 66-312, in accordance with the procedures contained in this Division. Sec. 66-314. Notice. 1. Any owner of real estate whose property is in violation of any provision of Section 66-312 shall receive a correction notice from the Administrative Office or its authorized designee. 2. The correction notice shall: a. Be in writing; b. Provide the date of issuance; c. Provide the contact information for the Administrative Office or its authorized designee; d. Articulate the violations of 66-312; e. Provide that the owner is afforded seven (7) days, inclusive of weekends and holidays, from the date of delivery to perform or cause the performance of the noticed corrective abatement action(s); f. Provide the specific calendar date that all corrective abatement action(s) must be completed; g. Provide that if the corrective abatement action(s) are not completed by the specified calendar date that the Administrative Office or its authorized 2
46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 designee will cause the corrective abatement action(s) at the owner s expense, and that continued corrective abatement action(s) may be taken at the owner s expense as provided in Section 66-315; h. Provide the estimated cost(s) of the corrective abatement action(s); i. Provide the municipal address of the property in violation; j. Provide a photograph of the violation(s) of Section 66-312; k. Provide the required corrective abatement action(s), which shall include: i. That any grass, weeds, or other vegetation in excess of 18 inches shall be cut to a height not exceeding three (3) inches and be continuously maintained; ii. That any debris, trash, refuse, or discarded matter shall be removed and appropriately discarded; iii. That any poison oak, poison ivy, poison sumac, or similar noxious plants or growths shall be destroyed; iv. Any other abatement action(s) deemed necessary to ensure compliance with the duties contained in this Division; and l. Provide that an administrative hearing pursuant to Chapter 6, Article II, may be requested to contest the violation(s) of Section 66-312 or the cost(s) relative thereto, by contacting the Administrative Office or its authorized designee in writing prior to the expiration of the seven (7) days. 3. Notice shall be mailed by regular and certified or registered mail to the address listed in the assessor's office of the parish. For purposes of this Division, the date of mailing shall be deemed the date of delivery. 4. Notice shall also be posted on the property providing the information required in 2 (a) (h) of this Section. 5. The failure of any owner of real estate to comply with the requirements of such notice within seven (7) days after delivery shall be deemed a violation of Section 66-312. Any such failure shall permit the City to perform all corrective abatement action(s) with all cost(s) thereto being borne by the owner without requiring further notification. Sec. 66-315. Action after Non-Compliance with Notice. 3
77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 1. After the expiration of the seven (7) days affording an owner an opportunity to comply with the duties and requirements of Section 66-312, the City or designee thereof may perform any and all corrective abatement action(s) provided in the mailed notice pursuant to Section 66-314, without further notification. 2. Any notice returned to the City by the postal service because of its inability to make delivery, if it was properly addressed to the last-known address of such owner as provided in the assessor's office of the parish, and if notice was posted on the property as required in Section 66-314 (4), the City or designee thereof may still abate. 3. Pursuant to this Division, the City or designee thereof may undertake continued corrective abatement action(s) on a property on a monthly basis without re-noticing, if the property owner has been notified pursuant to Section 66-314 at any time during the immediately preceding twelve months, and the owner failed to abate or cause corrective abatement action(s) as required in the initial notice. 4. For the City or designee thereof to perform continued corrective abatement action(s) pursuant to this Section, the Administrative Office or its authorized designee shall document the continued corrective abatement action(s) in an affidavit. Said affidavit shall: a. Be signed by the Chief Administrative officer or their authorized designee; b. Provide the municipal address and legal description of the property; c. Provide the cost(s) of the corrective abatement action(s); and d. Provide a statement that the property owner was notified pursuant to Section 66-314 within the past twelve months and failed to perform any corrective abatement action(s) after having an opportunity to do so. 5. The City or any designee thereof shall not be liable for trespass or any damages that may occur on or to a property while performing the required corrective abatement action(s). 6. Any corrective abatement action(s) performed by the City or any designee thereof shall not legally bring a property into compliance with this Division. The remedies established in this Division are independent, nonexclusive and may be pursued in addition to any other available remedy as provided by law. Sec. 66-316. Owner to be billed for work done by City. 4
107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 Whenever the City or designee thereof performs the required corrective abatement action(s) to cure violations of Section 66-312, all reasonable costs thereto shall be charged to the owner of the property on the next regular tax bill or supplemental tax bill forwarded to such owner by the City if not paid by such owner as required in Section 66-317. Sec. 66-317. Sworn statement of costs to be filed in mortgage & conveyance office; effect thereof. After corrective abatement action(s) by the City or designee thereof, the City shall send a statement of costs to the owner, along with copies of affidavit(s) evidencing continued corrective abatement action(s) as provided in Section 66-315, if applicable. The owner shall have 10 days from the date of mailing to pay all costs as provided therein. If an owner fails to pay all costs, the Administrative Office or its authorized designee shall cause recordation in the mortgage and conveyance records of the parish a sworn statement providing: 1. The municipal address and legal description of the property upon which corrective abatement action(s) were performed; 2. That the City notified the property owner pursuant to Section 66-314 and the owner failed to comply with the required corrective abatement action(s), resulting in the City having to perform the noticed corrective abatement action(s) on the owner s behalf; 3. The date(s) such corrective abatement action(s) were performed; and 4. The cost(s) and expense(s) incurred for the corrective abatement action(s). The recordation of the sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law for the collection of taxes; and, further, shall be subject to a delinquent penalty of ten percent if they are not paid in full on or before the date the tax bill upon which the charge appears 5
134 135 136 137 138 139 140 141 142 143 144 145 becomes delinquent. Sworn statements recorded in accordance with the provisions of this section shall be prima facie evidence that all legal formalities have been complied with and that the work has been properly and satisfactorily done and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that such charge is due and collectible as provided by law. Sec. 66-318. Concurrent Authority. Nothing contained herein shall preclude the New Orleans Police Department from issuing a summons to an owner of real estate whose property is in violation of Sec. 66-312. Municipal Court of New Orleans shall adjudge any summons issued for violations of Sec. 66-312. Secs. 66-319 - 66-350. Reserved. * * * ADOPTED BY THE COUNCIL OF THE CITY OF NEW ORLEANS PRESIDENT OF THE COUNCIL DELIVERED TO THE MAYOR ON APPROVED: DISAPPROVED: MAYOR RETURNED BY THE MAYOR ON AT ROLL CALL VOTE: CLERK OF COUNCIL YEAS: NAYS: ABSENT: 6