§ 2:319. Duty of owner.

(a)

It shall be the duty of all owners of improved premises which have been tied in and connected to the operating sanitary sewage system, as hereinabove provided, to maintain the service line on the premises or within a servitude in favor of the premises up to the sanitary sewerage system which has been accepted and maintained by the city-parish. It shall also be the duty of all such owners to close any opening that allows the drainage of surface water into the sanitary sewer system. It shall only be the duty of the city-parish to maintain that portion of any service line located in a right-of-way dedicated to the public.

(b)

Any person who violates the provisions of subsection (a) above shall be fined not more than five hundred dollars ($500.00) for domestic users, and one thousand dollars ($1,000.00) for nondomestic users or imprisoned for not more than thirty (30) days or both, at the discretion of the court.

(c)

Any person who violates the provisions of subsection (a) above may be subjected to the following:

(1)

When the director of public works, or his representative, upon evidence establishing more probably than not that the provisions of subsection (a) above have been violated, the director of public works, or his representative, shall send notice personally or by certified mail that the person who violates the provisions of subsection (a) shall begin to make efforts to remedy such violation within ten (10) days, and steadily and without delay continue such efforts to remedy such violation under the monitoring of the director of public works, or his representative. If the certified letter is not claimed or if no effort is made to remedy such violation of the provisions of subsection (a) above within ten (10) days upon receipt of the letter, or upon reasonable notice, suit shall be filed requiring the remedy of the violation of the provisions of subsection (a) above and authorizing fines up to five hundred dollars ($500.00) a day for domestic users, and one thousand dollars ($1,000.00) a day for nondomestic users in which no efforts are made toward remedying such violation. Said suit may recover reasonable attorney's fees, court costs, court reporter's fees, and other expenses of litigation against the person who violates the provisions of subsection (a) above.

(2)

Where in the perception of the director of public works, or his representative, that public health will be threatened by the delays involved in the proceeding, as provided in the above paragraph, injunctive relief shall be permitted.

(3)

Where immediate action is required to avoid a threat to public health, the director of public works, or his representative, may act to remedy such violation of subsection (a) above and seek damages from the person committing the violation of subsection (a) above. Fines up to five hundred dollars ($500.00) a day for domestic users, and one thousand dollars ($1,000.00) a day for nondomestic users until the threat to public health is abated, and costs incurred in remedying such violation of subsection (a) above may be recovered. Also, said suit may recover reasonable attorney's fees, and other expenses of litigation against the person who violates the provisions of subsection (a) above.

(4)

If the director of public works, or his representative, acts to remedy such violation of subsection (a), or if the owner is an absentee or has no known mailing address, the director of public works, or his representative, shall then cause the necessary work to be done to effect compliance with the provisions of this section at the owner's expense; and the director of public works, or his representative, may have such work done either with the personnel and equipment of his department, or by means of a contract with a third person; except that if the work is done by private contract, the work shall only be done after advertisement for bids in accordance with the purchasing regulations.

(5)

Upon completion of such work, the director of public works, or his representative, shall cause to be prepared and filed with the recorder of mortgages of this parish a certificate showing the cost of such work, a penalty of ten (10) percent thereof or fifty dollars ($50.00), whichever is greater, the name of the owner and a description of the property involved. The certificate shall operate from the date of filing as a tax lien or assessment on the property affected. This lien shall prescribe only in ten (10) years from the date of filing such certificate, may be enforced in a summary manner as other tax liens or assessments, and shall be subject to the same penalties, interest and attorney's fees.

(6)

Upon the filing of this certificate, the director of public works, or his representative, in writing shall advise the director of finance and the parish attorney thereof; and the latter shall institute suit or take such other steps as may be required or necessary for the enforcement of such lien.

(Ord. No. 11567, § 1, 10-13-99)