§ 50-17. Abandoned, inoperative motor vehicles, major appliances and other junk on private property.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Abandoned, inoperative vehicle means any vehicle which is incapable of being lawfully moved upon the highways and streets, and includes, but is not limited to, wrecked or dismantled vehicles. Lack of current and/or valid registration, inspection sticker, or license plate alone does not constitute abandoned, inoperative condition. Vehicles which are otherwise in compliance with R.S. 32:1301 to 32:1310 are not considered to be abandoned, inoperative vehicles for purposes of this section.

Antique vehicle means any motor vehicle 25 years or older, which is operable and substantially in its original condition. These vehicles must be registered as antiques and display antique license plates.

Enforcing agency means the mayor, chief of police, sheriff, or director of public works as well as their duly authorized agents.

Owner of the premises means the owner of the land on which the vehicle is located, as shown on the last equalized assessment roll.

Owner of the vehicle means the last registered owner.

Vehicle means every device by which person or things may be transported upon a public highway or bridge, except devices moved by human power or used exclusively upon stationery rails or tracks. A bicycle or a ridden animal shall be a vehicle and a trailer or semitrailer shall be a separate vehicle.

(b)

Public nuisance.

(1)

The presence of junked, wrecked, inoperable or abandoned vehicles and watercraft or discarded or abandoned major appliances such as refrigerators, freezers, ranges or machinery on any private lot, tract or parcel of land, or portion thereof, occupied or unoccupied, improved or unimproved, neutral ground, street or sidewalk, within the town shall be deemed and is hereby declared a public nuisance and it shall be unlawful for any person to cause or maintain such public nuisance by wrecking, dismantling, partially dismantling, rendering inoperable, abandoning or discarding any motor vehicle or junk on any property of another or to permit, or allow any junked, inoperable vehicle or watercraft, to be parked, left or maintained on his own real property, provided that this section shall not apply with regard to vehicles in enclosed buildings or business enterprises.

(2)

No person shall store or abandon any junk, discarded or abandoned appliances such as refrigerators, freezers, ranges, machinery or any other metal, tin or other discarded items on any lot, neutral ground, street, or sidewalk with the corporate limits of the town.

(c)

Findings and declarations. In addition to and in accordance with the determination made and the authority granted to remove abandoned, inoperative vehicles as public nuisances, the board of aldermen makes the following findings and declarations: The accumulation and storage of abandoned, inoperative, dismantled, or wrecked vehicles is found to create a condition tending to reduce the value of property; to promote blight and deterioration; to invite plundering; to create fire hazards; to constitute an attractive nuisance creating a hazard to the health and safety of minors; to create a harborage for rodents and insects; and to be injurious to the health, safety and general welfare. Therefore, the presence of abandoned or inoperative vehicles, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this section.

(d)

Exceptions. Exceptions shall be made for the following:

(1)

A vehicle which is completely enclosed within a building in a manner that is not otherwise visible from the street or other public or private property;

(2)

Any motor vehicle in an appropriate storage place or depository maintained at a location were such business is authorized under the comprehensive zoning ordinance and other regulatory ordinances of the town; this location shall be enclosed by a board fence of sufficient height to keep vehicles or any part thereof from public view;

(3)

Any motor vehicle in operable condition specifically adapted or constructed for racing or operation on privately owned drag strips or raceways;

(4)

Any antique vehicle retained by the owner for collection purposes, as defined herein, rather than for salvage or for transportation; and

(5)

Any motor vehicle stored as the property of a member of the armed forces for the United States who is on active duty assignment.

(e)

Administration, enforcement, right of law enforcement officers to enter private property.

(1)

Except as otherwise provided herein, the provisions of this section shall be administered and enforced by the mayor, chief of police, sheriff, or the director of public works. In the enforcement of this section, such person charged with administration and enforcement may enter upon private or public property to examine the vehicle or parts thereof, or obtain information as to the identity or a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this section.

(2)

If the owner or occupant of the premises of the owner of the vehicle fails to abate this nuisance, said owner is in violation of this section and shall be deemed guilty of a misdemeanor and subject to a fine in accordance with the penalty provision set forth in subsection (i) of this section. The town court shall further order the owner to remove and abate nuisance within ten days.

(f)

Right to enter on private property. When the town has contracted with or granted a permit to any person, such person shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this section.

(g)

Notice to owner or occupant to abate public nuisance on occupied or unoccupied premises.

(1)

Whenever any public nuisance exists on occupied or unoccupied premises within the town in violation of this section, the enforcing agency shall order the owner of the vehicle, or the owner or the occupant of the premises whereon such public nuisance exists, to abate or remove the same. Such order shall:

a.

Be in writing;

b.

Specify the public nuisance and its location;

c.

Specify the corrective measures required;

d.

Provide for compliance within ten days from service thereof; and

(2)

The order shall be served upon the owner or occupant of the premises by serving him personally or by sending the order by certified mail, return receipt requested, to the address of the premises and the address shown by the department of motor vehicles.

(3)

Within the ten-day period after service of notice, the owner or occupant of the premises or the owner of the vehicle shall abate the nuisance by removing the nuisance from the premises.

(4)

It shall be the responsibility of the owner or occupant of the property or owner of the vehicle to notify the enforcing agency as soon as the vehicle has been removed.

(5)

If the owner or occupant of the premises or the owner of the vehicle fails to abate the nuisance within the ten-day period of notification, the enforcing agency may issue a misdemeanor summons to the owner or occupant of the premises and cause the vehicle to be removed from the premises in the same manner as provided by state law and local ordinance.

(h)

Notice presumed from refused certified mail. For the purposes of this section, when the owner of the premises or the owner of the vehicle has been served notice by certified mail as set forth in subsection (g)(2) of this section and such certified mail is refused, the owner is deemed to have received notice in accordance with the provisions of this section, and the ten-day period commences to run on the date of refusal.

(i)

Failure or refusal to comply. The failure or refusal to comply with the provisions of this section shall constitute a misdemeanor, and the violator shall be subject to the issuance of a misdemeanor summons. The penalty shall be a fine up to $500.00 or six months' imprisonment, or both, for each violation.

(j)

Removal from unoccupied premises when owner's whereabouts are unknown or notice is returned unclaimed.

(1)

When there is an abandoned or inoperative motor vehicle which is a public nuisance on premises that are unoccupied and the identity or whereabouts of the owner of the premises is unknown or unascertainable after a diligent search has been made, or if notice sent to the last record owner of the property by certified mail has been returned as unclaimed, then the enforcing agency shall place an advertisement in the official journal of the town for the whereabouts of the owner for a period of ten days. If no response is forthcoming after the ten-day period, then the enforcing agency may take possession of the motor vehicle and remove it from the premises. The enforcing agency shall thereafter dispose of the vehicle in the same manner as provided in this section.

(2)

If notice sent to the occupant of the premises is returned "unclaimed," service may be accomplished by posting the notice on the doorway of the premises with the ten-day period commencing on the date of posting.

(k)

Removal of vehicles from private property. Private property owners, whether commercial or residential, have the power, as authorized be general law, to cause vehicles to be removed from their property illegally situated thereon. In any case where an owner requests any law enforcement agency having jurisdiction to cause to be removed from his property a vehicle said by property owners to be illegally situated on his property and has filed with such law enforcement agency an acceptable indemnification agreement, such law enforcement agency shall be authorized and empowered to cause the vehicle to be removed by wrecker service in accordance with established policies and procedures for obtaining a wrecker services by law enforcement agencies in the town or the parish.

(l)

Parking and storage of vehicles. Automotive vehicles, trailers or motor crafts of any kind or type without a current license plate, motor vehicle inspection sticker and insurance shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.

(Code 1969, § 10-24; Code 1997, § 50-17; Ord. No. 547-04, 8-9-2004; Ord. No. 652-11, 12-12-2011)

State law reference

Abandoned motor vehicles, R.S. 32:471 et seq., 33:4876.