ORDINANCE NO. 02-05
A REVISION OF AN ORDINANCE PROVIDING FOR THE CONTROL OF WEEDS, GRASS, DEBRIS, AND OTHER UNHEALTHFUL OR NOXIOUS CONDITIONS WITHIN THE CORPORATE LIMITS OF THE TOWN OF FORDOCHE AND TO FURTHER PROVIDE WITH RESPECT THERETO
BE IT ORDAINED by the Council Members of the Town of Foordoche, Louisiana, in regular session convened that the ordinances of the Town of Fordoche are hereby enacted to read as follows:
Section 1: Noxious weeds, nuisance
No person owning or occupying any property within the town shall permit any grass or noxious weeds or any vegetation whatsoever not for human consumption or planted for agricultural use or ornamental purposes or hay crop (which shal not exceed a height of twenty-four (24) inches), or any other deleterious, unhealthy, or noxious growths and accumulations, to grow or remain upon the premises so as to exceed a height of twelve (12) inches or to throw off any unpleasant or noxious odor or to conceal any filthy deposit or to create or produce pollen. Any grass, weeds, other vegetation, or any other deleterious, unhealthy, or noxious growths and accumulations growing upon any premises in the town in violation of this Ordinance is hereby declared to be a nuisance and detrimental to health, safety, cleanliness and comfort of the inhabitants of the town.
Section 2: Encroachment upon adjoining properties; interference
No person owning or occupying any property within the town shall permit any trees, hedges, bushes, or shrubbery of whatsoever kind or nature to grow or remain upon the premises, or in the area between the sidewalk and curb abutting the premises, so as to encroach upon the adjoining sidewalks, streets, highways, or alleys or in a manner as to restrict the clear view of vehicular traffic is hereby declared to be a nuisance and detrimental to the health, welfare, and safety of the inhabitants of the town.
Section 3: Owner's or occupant's duty
The owner of any premises and the occupant thereof, in case of premises occupied by other than the owner, shall cut, destroy, or remove noxious weeds, grass, vegetation, or any other deleterious, unhealthy, or noxious growths and accumulations growing or remaining upon the premises in violation of this Ordinance.
Section 4: Clearing of premises; requirements
The owner of any premises and the occupant thereof, in case of premises occupied by other than the owner thereof, shall remove, trim, or cut all trees, hedges, bushes or shrubbery of whatsoever kind or nature growing or remaining upon the premises, or in the area between the sidewalk and the curb abutting the premises, in violation of this Ordinance.
Section 5: Notice to remove
A. In the event that any owner or occupant of property situated with the town does not comply with this Ordinance, the town shall provide notice to the owner of the property, as determined from the latest assessment rolls, requiring compliance with this Ordinance within seven (7) days after notification. The notice shall further state that if the owner does not comply with this Ordinance and compliance requires work to be done on the owner's property, the town may cause the work to be done and pay therefore and charge the cost incurred in doing or having the work done to the owner of the property. The cost of the work shall include the expense of inspection, locating the owner, issuing or publishing notice, re-inspection, ordering the work done, postage, and all necessary incidents to such work. The notice shall be given by personal service or by registered or certified mail, return receipt requested. If the owner cannot be served or if notice by mail is returned as nondeliverable, notice shall be published in the official journal of the town for two consecutive weeks.
B. If the owner does not comply with this Ordinance within seven (7) days after receipt of notice or after the date of the second publication if notice is provided through official journal, the mayor may cause the premises to be cleaned by cutting, destroying, or removing noxious weeds, grass, or other deleterious, unhealthy, or noxious growths or accumulations thereon and/or on the sidewalk or banquette abutting the same and assess the costs thereof against the owner. Thereafter, the town shall furnish the owner with a written statement, by certified mail, which contains a description of the property and the cost of the work performed, including postage and publication expenses.
C. If the owner does not pay the charges within fourteen (14) days after being furnished the statement described in Subsection B or within fourteen (14) days after the certified letter is returned as not deliverable, the mayor shall cause a certified copy of the statement to be filed and recorded in the mortgage records of the parish. When so filed and recorded, the statement shall constitute a lien upon the property from the date of recordation prior in rank to mortgages, vendor's privileges, and all other liens, except taxes.
D. It the owner does not pay the cost incurred as shown on the statement within ten (10) days after filing of a certified copy thereof in the mortgage records of the parish, the mayor may take the necessary steps in court incidental to the collection of the expense incurred as shown on the statement.
Section 6: Waiver of notice
The town may undertake the cutting, destruction, or removal of noxious weeds or grass or other deleterious, unhealthful, or noxious growths on any property with the town on a monthly basis without the notice required in Section 5 of the property owner liable has been notified pursuant to that section at any time during the immediately preceding six months and has failed to do the work himself after opportunity to do so. However, prior to undertaking such work, the town shall file and record an affidavit, signed by the mayor, at the town hall. The affidavit shall include the following:
(1) A description of the property sufficient to reasonably identify it.
(2) A photograph of the property sufficient to reasonably identify its unsafe or unsanitary condition and to justify the necessity for cutting, destroying, or removing weeds, grass, or other noxious growths.
(3) A statement that the property owner liable has within the past six months failed to do such work after notification and opportunity to do so pursuant to section 5.
Section 7: Allowing noxious growth prohibited
It shall be unlawful for a person to intentionally fail to comply with this Ordinance.
All ordinances or parts of ordinances in conflict herewith are hereby replaced.
Said Ordinance having been introduced on June 1, 2005, by Pat Smith, notice of public hearing having been published, said public hearing having been held, the title having been read, and the Ordinance considered, a motion was made by Stan Thibodeaux and seconded by Jason Giordano to adopt the Ordinance. A record vote was taken and the following results were had:
YEAS: Giordano, Smith, Thibodeaux
NAYS: None
ABSENT: Gueho
ABSTAIN: St.Romain
WHEREUPON, the Ordinance was declared adopted on this 14 day of June, 2005.
ATTEST and delivered to the Mayor
Leslie Thibodeaux
Town Clerk, Fordoche, Louisiana
APPROVED and delivered to the clerk June 14, 2005
Justin K. Cox, Mayor
Town of Fordoche, Louisiana
Published in official journal July 7, 2005.
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A revised dog ordinance for the safety and well being for the Town of Fordoche
It has become necessary to establish a simpler and clear dog control ordinance within the limits of the Town of Fordoche.
Section 1-BE IT ORDAINED, that it shall be the duty of every person owning or keeping in possession any dog to have that dog inoculated with anti rabies vaccine.
Section 2-BE IT FURTHER ORDAINED, that it shall be the duty of the owner or keeper to furnish proof of vaccination.
Section 3-BE IT FURTHER ORDAINED, that it shall be unlawful for the owner or keeper of any dog to let it run at large or trespass on any property of another or any public street or public place.
Section 4-BE IT FURTHER ORDAINED, that it shall be unlawful for a dog to run loose without being on a leash.
Section 5-BE IT FURTHER ORDAINED, that if it becomes necessary, a citizen, official, or employee of the town can seize any dog found unaccompanied by its owner or keeper on land other than the owner or keepers.
Section 6-BE IT FURTHER ORDAINED, that if the animal has a tag identifying the owner, they will be notified and can pay a fine in the amount of $25.00 for breaking the ordinance. They will be required to provide proof of inoculation for rabies and then the dog will be released. If the dog has not had rabies inoculation it will have to be provided within 48 hours. Proof will be given to the town clerk. If ordinance is broken a second time the fine will be set in the amount of $50.00, third time $75.00 and on increasing every time by the amount of an additional $25.00.
Section 7-BE IT FURTHER ORDAINED, that dogs that are not claimed within three (3) days or 72 hours will be put to sleep in a humane manner. In accordance with (Revised Statue: R.S. 2773.) Any citizen or officer may kill any dangerous or vicious dog, and no citizen or officer shall be liable to damages or to prosecution by reason of killing any dangerous or vicious dog.
Section 8-BE IT FURTHER ORDAINED, that all ordinances or parts of ordinances of this Town of Fordoche contrary to or in conflict herewith are hereby null and void.
This ordinance offered by Robin Cashio and seconded by Michel Meche having been submitted to a vote, the vote thereon was as follows:
NAYS: None
ABSENT: None
Therefore, the Mayor and Board of Aldermen of the Town of Fordoche being duly assembled in regular session have adopted this ordinance on the 13th day of June, 2000.
Justin K. Cox, Mayor
Shelly Hammers, Town Clerk
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Mayor and Town Council
Fordoche, Louisiana
ORDINANCE: 02-2011-01 February 7, 2011
The following ordinance, which was previously introduced at a meeting of the Town Council of the Town of Fordoche, State of Louisiana, on February 8, 2011, was brought up for final passage on Motion by Chad Hendricks and seconded by Callie Meche.
AN ORDINANCE PROHIBITING “SYNTHETIC DRUGS” IN THE TOWN OF FORDOCHE, LOUISIANA.
BE IT ORDAINED by the Mayor and Town Council of the Town of Fordoche, Louisiana, that Ordinance 02-2011-01 will read as follows:
WHEREAS, The U.S. Drug Enforcement Agency has issued an order directing that chemicals JWH-018, JWH-073, JWH-200, CP-47, 497 and Cannabicyclohexanol contained in products marketed as potpourri and incense are classified as Schedule I controlled substances.
WHEREAS, The Louisiana Poison Control Center reported that products containing Methylenedioxypyrovalerone and marketed as bath salts have been linked to serious physical effects to persons resulting in hospitalization and death.
WHEREAS, the above chemicals pose health, safety and welfare issues for the residents of the Town of Fordoche Louisiana.
Be IT THEREFORE ORDAINED, by the Mayor and Town Council that the Ordinance 02-2001-01, of the Town of Fordoche will hereby read as follows:
(a) It is unlawful for any person or corporation knowing, or under circumstances where one reasonably should know to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person or corporation any product containing the following chemicals: JWH-018, JWH-073, JWH-200, CP-47, 497, Cannabicyclohexanol, or Methylenedioxypyrovalerone and marketed as, but not limited to, incense, potpourri, plant fertilizers, insect repellant or bath salts.
(b) It is unlawful for any person or corporation, knowing, or under circumstances where one reasonably should know, to display for sale or possess with intent to distribute any product containing the following chemicals: JWH-018, JWH-073, JWH-200 CP-47, 497, Cannabicyclohexanol, or Methylenedioxypyrovalerone and marketed as, but not limited to, incense, potpourri, plant fertilizers, insect repellant or bath salts.
(c) It is unlawful for any person to use, or to possess with intent to use, ingest, inhale or otherwise introduce into the human body any product containing the following chemicals: JWH-018, JWH-073, JWH-200, CP-47, 497, Cannabicyclohexanol, Methylone, Mephedrone, 4-Methoxymethcathinone, 4-Fluoromethcathinone, 3-Fluoromethcathinone, Methylenedioxypyrovalerone and marketed as, but not limited to, incense, potpourri, plant fertilizers, insect repellant or bath salts.
(d) Whoever commits the crime of synthetic drugs shall be punished, upon conviction. Each conviction, $500.00.
This Ordinance having been submitted to a vote, the vote thereon was as follows:
YEAS: Teddy Gros, Ronnie Bonaventure, Chad Hendricks, Callie Meche, Pat Smith
NAYS: None
ABSTAIN: None
ABSENT: None
This Ordinance was declared adopted on this 16, day of March, 2011.
ATTEST
Don Sonnier, Mayor
Lisa Cormier, Town Clerk
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Mayor and Town Council
Fordoche, Louisiana
ORDINANCE NO. 01-05
AN ORDINANCE PROVIDING FOR THE CONDEMNATION, DEMOLITION, AND REMOVAL OF ANY DILAPIDATED AND DANGEROUS BUILDING OR STRUCTURE WITHIN THE TOWN OF FORDOCHE, LOUISIANA.
BE IT ORDAINED by the Fordoche Town Council in regular session convened that:
Section 1: Removal; condemnation of buildings
The council, in accordance with R.S. 33:4761 et. seq., may condemn and cause to be demolished or removed any building or structure within the town when it is in a dilapidated and dangerous condition which endangers the public welfare.
Section 2: Notice to owner; absent owner; hearing
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 a town official or other person authorized to act on behalf of the town for such matters. The clerk 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 chief of police or police officer or by any other official authorized by the law 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.
B. If the owner is absent from the state or unrepresented therein, the notice shall be served upon the occupant of the condemned building or structure, if any, and also upon an attorney at law appointed by the mayor 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 absentee owner.
Section 3: Decision of council; order to demolish or repair
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. If repairs will correct the dilapidated, dangerous, or unsafe condition, the council may grant the owner the option of making such repairs, but in such a case the general nature or extent of the repairs to be made, the time thereof, and the defects to be corrected, shall be specified in the decision of the council.
B. The decision and order of the council shall be in writing and shall be final unless appealed according to law.
Section 4: Appeal
The owner, occupant, agent, or other representative of the owner may appeal from the decision of the council to the Eighteenth Judicial District Court in accordance with law.
Section 5: Compliance with decision; demolition by council when owners fail to comply; notice
A. The owner or his designated agent may proceed to demolish and remove the building, or have it repaired, 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 council a copy of the contract, together with a bond to guarantee performance.
B. In the event the owner or occupant of the building or structure fails or refuses to comply with the decision of the council and fails to appeal therefore within the legal delays provided herein, then, in that event, the council may proceed with the demolition or removal of the condemned building or structure in which case the council may not be held liable in damages.
C. Prior to the demolition or removal of the building or structure by the council, the mayor or some official designated by him shall serve notice to 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 work will begin upon the demolition or removal of the building.
Section 6: Lien and privilege for cost of demolition by council
In order to preserve the lien and privilege granted by law on the property and the improvements thereon, the mayor or his designee shall execute, and have filed and recorded in the mortgage office of Pointe Coupee Parish, an affidavit which shall include a description of the property sufficient to reasonably identify the immovable and statement of facts listing the approximate cost or costs incurred by the municipality in demolishing or removing the building or structure.
Section 7: Attorney to represent absentee, minor, or interdict; fee
In the event the building or structure is unoccupied and its owner is absent from the state and unrepresented therein, or in the event the building is owned by a minor who has no tutor or on interdict who has no curator, the mayor shall appoint an attorney at law to represent the absentee, minor, or interdict upon whom the notices and other proceedings provided in this Article may be served. The attorney shall be paid a reasonable fee to be taxed as cost.
All ordinances or parts of ordinances in conflict herewith are hereby repeated.
Said Ordinance having been introduced on June 1, 2005, by Stan Thibodeaux, notice of public hearing having been published, said p8ublic hearing having been held, the title having been read, and the Ordinance considered, a motion was made by Jason Giordano and seconded by Pat Smith, to adopt the Ordinance. A record vote was taken and the following results were had:
YEAS: Giordano, Smith, Thibodeaux
NAYS: None
ABSENT: Gueho
ABSTAIN: St. Romain
WHEREUPON, the Ordinance was declared adopted on this 14 day of June, 2005.
ATTEST and delivered to the Mayor June 14, 2005
Leslie Thibodeaux
Town Clerk, Fordoche, Louisiana
APPROVED and delivered to the Clerk June 14, 2005
Justin K. Cox, Mayor
Town of Fordoche, Louisiana
Published in the official journal July 7, 2005
