St. Mary Parish |
Code of Ordinances |
Chapter 15. PLANNING AND ZONING |
Article II. ADMINISTRATION AND ENFORCEMENT OF BUILDING PERMIT, PLANNING AND ZONING, SUBDIVISION AND DEVELOPMENT AND UNIFORM CONSTRUCTION CODE |
§ 15-31. Creation of the violation adjudication bureau.
(a)
There is hereby created and established within the department of planning and zoning of the parish, and administratively assisted by the director of planning and zoning, a violation adjudication bureau which shall have jurisdiction of violations of any civil regulations of the building permit, planning and zoning, subdivision and development, and Uniform Construction Code Ordinances, as provided for in this article. Pursuant to the provisions of the St. Mary Parish Home Rule Charter, the chief administrative officer, with the approval of the parish president, shall contract for the services of a chief hearing examiner and/or other hearing examiners who shall preside at hearings for the adjudication of violations of this article.
(1)
The chief hearing examiner shall supervise the operations of the bureau, and all other hearing examiners.
(2)
Each hearing examiner shall be a resident of the Parish of St. Mary, and shall have been admitted to the practice of law in the state.
(3)
A hearing examiner shall be selected from the list of qualified candidates who are members of the St. Mary Parish Bar Association. Such hearing examiners shall not be employees of the parish.
(b)
Functions, powers and duties. The violation adjudication bureau, organized, supervised, and headed by chief hearing examiner, shall have the following functions, powers, and duties:
(1)
To accept admissions to and to hear and determine contests of violations under the provisions of this article.
(2)
To issue subpoenas to compel the attendance of a person to give testimony at hearings and to compel the production of relevant books, papers, and other things.
(3)
To adjudicate all violations for which a citation has been issued under this article.
(4)
To compile and maintain complete and accurate records relating to all citations, violations and/or dispositions of violations and citations; and, upon request, to provide complete and accurate transcripts of all hearings conducted by the bureau and to furnish such transcripts to the violator, at said violator's expense.
(5)
To answer, within a reasonable period of time, all relevant and reasonable inquiries made by a person charged with a violation, or his/her attorney concerning the notice of violation served upon that person. The bureau must also furnish within a reasonable period of time to the person charged, on his request, and upon complying with the regulations of the bureau, a copy of the original notice of violation, including all information contained thereon. Failure by the bureau to comply with the provisions of this subsection or any part of the provisions of this subsection, within 45 days of such inquiry, forwarded to the bureau by certified or registered mail, return receipt requested, will result, on request of the person charged, in an automatic dismissal of all charges relating to and only to that notice of violation to which the inquiry was made.
(6)
To determine whether the violation should be removed or any other method deemed appropriate in the abatement of the violation.
(7)
To assess civil fines in the abatement of the violation and to assess and collect administrative costs incurred in the abatement of the violation.
(Ord. No. 1759, § 6, 3-14-07)