ORD#12,251

ORDINANCE

 

STATE OF LOUISIANA                                                                             NO.  12,251               

CITY OF MONROE                                                                                   

 

The following Ordinance was introduced by Mrs.  Ezernack                     , who moved for its adoption and was seconded by Mr.  Harvey                        :

 

AN ORDINANCE AMENDING SECTIONS 24-7 (PENALTIES) AND 24-8 (COSTS) OF THE CITY OF MONROE CODE AND FURTHER PROVIDING WITH RESPECT THERETO.

 

            WHEREAS, the elimination of blight and nuisances throughout the City is essential to the health, safety, and wellbeing of the community;

 

WHEREAS, the City of Monroe enacted Chapter 24 of the City of Monroe Code, entitled “Procedures for Abatement” to provide for the enforcement and administrative adjudication of code violations related to blight and nuisances (Ord. No. 11,732);

 

WHEREAS, as part of the enactment, the City Council established fines for code violations and permitted the assessment of costs for enforcement and adjudication (Ord Nos. 11,732 and 11,737); and

 

WHEREAS, to further deter blight and nuisances throughout the City, the City Council desires to increase the penalties for code violations provided in Section 24-7 of the Code and to establish certain costs for administrative enforcement and adjudication in Section 24-8 of the Code.

 

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Monroe, in legal session convened, that Sections 24-7 and 24-8 of the Code of Ordinances of Monroe, Louisiana, are hereby amended to read as follows:

 

Sec. 24-7. Penalties

 

  • The penalty for each violation shall not exceed the maximum that may be imposed by municipal court as provided in R.S. 13:2575 et seq., or the fine imposed by ordinance of the city council.

 

  • Each day that violation(s) continue after due notice has been served shall be deemed a separate offense at a rate set by the city council.

 

  • A schedule of penalties may be established by ordinance providing penalty amounts, consistent with subpart (a), for specific Code violation(s).

 

  • Environmental court fines.

 

  • The fine for all first offense code violations shall be $200.00 or less.

 

  • The fine for all second offense code violations shall be $400.00 or less.

 

  • The fine for all subsequent code violations following a second offense violation shall be set at four hundred fifty dollars ($450.00) or less.

 

  • Daily fines may be imposed for code violations but shall not exceed fifty dollars ($50.00) per day per violation for residential properties and two hundred fifty dollars ($250.00) per day per violation for commercial properties. Total daily fines for residential properties shall not exceed five thousand dollars ($5,000.00).

 

  • Upon proof of age, all senior citizens, sixty-five (65) and older, shall be given an additional thirty (30) days prior to enforcement under section 24-8(b).

 

Sec. 24-8. Costs.

 

  • Costs and expenses that may be recovered and enforced against a violator under this article include:

 

  • The city’s direct cost for abatement;

 

  • Costs of the investigation, enforcement, and/or remediation or abatement of a violation;

 

  • City costs for equipment use or rental if required for abatement;

 

  • Attorney’s fees if attorney other than city attorney or assistant city attorney provides services;

 

  • Hearing and/or court costs, which shall be fixed at one hundred dollars ($100.00) per case or less, plus hearing officer and witness fees. In the event the city attorney or assistant city attorneys cannot serve as the hearing officer the rate of pay for such hearing officer shall be set by the city council.

 

  • Costs of technical services and studies as may be required for abatement;

 

  • Costs of monitoring programs necessary for correcting, monitoring, abating or mitigating violations;

 

  • Any expense reasonably and rationally related to the city’s enforcement action(s) to bring violation(s) into compliance or to abate and/or correct a violation of local, state or federal law.

 

  • If payment is not received within thirty (30) days of personal service the mailing of the notice or statement of costs, or following any appeal hearing upholding all or part of the costs, the city may issue a demand of payment. A demand of payment shall be mailed to a violator and provide notice that, if payment is not received by the date indicated in the demand, the city may lien the property that was subject to the enforcement/abatement action for all applicable costs.

 

This Ordinance was introduced on October 22, 2024.

 

            Notice published on October  25th       , 2024.

 

This Ordinance having been submitted in writing, introduced, and published, was then submitted to a vote as a whole, the vote thereon being as follows:

 

AYES:            Harvey, Ezernack, Woods & McFarland

 

NAYS:            None.

 

ABSENT:       Muhammad

 

 

 

 

 

 

 

 

 

 

 

 

And the Ordinance was declared ADOPTED on November  12th   , 2024.

 

Juanita Woods                       

CHAIRPERSON

Carolus S. Riley                                 

CITY CLERK

 

Oliver Friday Ellis                             

MAYOR’S APPROVAL

 

                                                           

MAYOR’S VETO

 

 

This Public Notice expires at 11:00am on Sunday February 16th, 2025

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