§ 15-26. Civil nature of violations.

The civil regulations of the building permit, planning and zoning, subdivision and development, and Uniform Construction Code Ordinances within the unincorporated areas of St. Mary Parish shall be governed by the provisions of this article. Any violation prohibited by this article shall be a civil violation only, and no criminal penalty will be imposed for its commission. For purposes of this article, a violation is the non-compliance of any provision of the building permit, planning and zoning, subdivision and development and Uniform Construction Code Ordinances and/or any provision of this article.

The provisions of this article shall in no way be viewed as an abrogation of the criminal enforcement provisions provided for under state statutes, or in the ability of a law enforcement officer who in the course of his official duties witnesses an act in violation of the aforementioned statutes and issues a citation therefor.

The director of planning and zoning is hereby authorized and directed to administer the provisions of this article. In carrying out his/her administrative duties, the officer shall:

(1)

Procedures. Establish and administer rules and regulations for proceedings within the office and the violation adjudication bureau, together with the maintenance of regular forms for any such proceedings regarding the operations of the office, subject to review and approval of the chief administrative officer.

(2)

Record of actions. Maintain records of all actions taken by the office in the administration of the provisions of this article.

(3)

Violation adjudication bureau hearings. Intervene for and on behalf of the parish in all hearings before the bureau; present facts and information to assist the bureau in reaching a decision; and, resist and oppose any deviations from the provisions of this article, when necessary.

(4)

Investigations and surveys. Conduct investigations and surveys to determine compliance or non-compliance with the provisions of this article. Incidental to such surveys and investigations, the officer, or his duly authorized representative, may enter into and upon any land or structure to be inspected and examined.

(a)

Right of entry. Whenever it is necessary to make an inspection to administer any of the provisions of this article, the officer or his duly authorized representative, may enter upon such property, at all reasonable times, to perform his duties. If such property is occupied, he shall first present proper credentials and request entry. If entry is refused, then the officer or his duly authorized representative, shall have recourse to every remedy provided by law to secure entry onto the property or entrance into the structure.

(5)

Enforcement. Issue written warnings, citations and orders requiring compliance with the provisions of this article. Such citations and/or orders shall be served personally or by certified or registered mail upon the person, firm, corporation, or proprietary party deemed by the officer to be violating the provisions of this article; provided, however, that if such person, firm, or corporation is not the owner of the land or the structure in which the violation is deemed to exist or to have occurred, a copy of the order shall be sent by certified or registered mail to the owner of such land or structure, with the owner to be determined from the tax roll for the preceding year in the office of the Tax Assessor of St. Mary Parish. The date of mailing shall be deemed the date of service of any citation or order served by certified or registered mail.

(a)

The director of planning and zoning shall have the discretion to issue a warning to any person, firm, corporation, proprietary party or occupant of the necessity to abate the existence of a violation of this article. The warning may be issued verbally or by posting a placard directly onto the violating property giving notice of the violation. No more than 15 days shall be allowed for abatement of the violation. Failure to comply with the warning shall result in the issuance of a written citation.

(Ord. No. 1759, § 1, 3-14-07)