§ 12:406.4. Abatement process.

(a)

Before the enforcing agency may take steps to abate the nuisance through remedial measures, it must obtain approval from the metropolitan council. The enforcing agency must submit a written report to the council recommending that the nuisance be abated by the city-parish and specifying the remedial measures sought to be implemented. The mayor-president shall thereupon serve notice on the owner of the swimming pool or his/her agent requiring him/her to show cause at a meeting of the council, regular or special, why the remedial measures should not be executed. 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 sheriff or deputy sheriff or constable having jurisdiction and power to serve legal process where the owner of the property upon which the swimming pool is situated is found in the state, and the officer shall make return of the service as in ordinary cases.

(1)

If the owner is absent from the state and unrepresented therein, or if the owner is a minor who has no tutor or an interdict who has no curator, then the notice shall be served upon the occupant of the property upon which the swimming pool is situated, if any, and also upon an attorney at law appointed by the mayor-president to represent the absentee, minor, or interdict. Domiciliary service may be made as in ordinary cases.

(2)

In case of grave public emergency where the condition of the swimming pool is such as to cause possible immediate loss or damage to person or property the council may recommend that remedial measures be taken after twenty-four (24) hours notice served upon the owner or his agent, or upon the occupant of the property upon which the swimming pool is situated, if any, and the attorney at law appointed to represent the absentee, minor, or interdict.

(b)

After the hearing, if in the opinion of the council the facts justify it, an order shall be entered that the remedial measures recommended by the enforcing agency within a certain delay. If the owner or his agent chooses to comply with the order of the council, prior to expiration of the delay the owner or his agent must execute a contract in writing obligating himself/herself to have the abatement completed within a time specified by the council and must file a copy of the contract with the mayor-president and the enforcing agency, together with a bond to guarantee performance. Upon failure of the owner or his agent to timely fulfill any of the aforementioned requirements the city-parish shall proceed with the implementation of the remedial measures unless the decision of the council has been appealed as hereinafter provided. If the property upon which the swimming pool is situated is occupied, then the occupant shall be served with notice by ordinary mail as to the approximate date the remedial measures shall begin.

(c)

The order of the council shall be in writing and shall be final unless appealed from within five (5) days. The owner or his agent may appeal from the decision of the council to the district court having jurisdiction over the property upon which the swimming pool is situated. The appeal shall be made by the filing of a suit against the city-parish, setting forth the reasons why the decision or order of the council is illegal or improper and the issue shall be tried de novo in the district court. Where a grave public emergency has been declared by the governing authority, the owner of the swimming pool who desires to prevent the implementation of the remedial measures by the city-parish must file his petition within forty-eight (48) hours and must, at the time of the filing of the petition, furnish such bond as may be fixed by the district judge to cover any damage that might be caused by the condition of the swimming pool. Either party may appeal from the judgment of the district court as in other cases.

(Ord. No. 10348, § 1, 6-28-95)