310 West 2nd Street
P.O. Box 5418
Thibodaux, LA 70302
985-446-7218
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Office: (985) 446-7200
310 West Second St.
P.O. Box 5418
Thibodaux, Louisiana 70302

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City of Thibodaux, LA

           

ORDINANCE NO. ______
           
AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 6
OF THE THIBODAUX CITY CODE OF ORDIANANCES SO
AS TO ADD SECTION 6-4 ENTITLED “VACANT BUILDINGS”
 

BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that:

WHEREAS, the City of Thibodaux finds that vacant and abandoned buildings create health hazards for the surrounding community by providing shelter for stray animals, rats and other vermin; and

            WHEREAS, these vacant and abandoned buildings become a breeding ground for illegal activity, crime and jeopardize the safety of neighboring property owners, and the general public; and

            WHEREAS, the general deterioration of unsecured vacant buildings jeopardize the insurance coverage and market value of adjacent properties; and

            WHEREAS, police and firefighting personnel are at risk when entering these vacant buildings that are often structurally unsafe; and

            WHEREAS, The City will now require building owners to take reasonable steps to secure their vacant properties.

            NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux that Chapter 6 of the Thibodaux City Code of Ordinances is hereby amended and re-enacted so as to add Sub-Section 6-4 to read as follows:

 

 

Sec. 6-4. Vacant Buildings -- Owner Required To Act -- Enforcement Authority.

 

(a)     “Vacant building” defined.  For purposes of this section, "vacant building" means a building which is not actually occupies by its owner, lessee or other invitee, or at which substantially all lawful business operations or residential occupancy has ceased, or which is substantially devoid of content, that has been left unsecured or inadequately secured from unauthorized entry to the extent that the premises may be entered and utilized by vagrants or other univited persons as a place of harborage, or any premises which by reason of dilapitation, deterioration, state of disrepair, or other such status is otherwise detrimental to or endangers public safety, health, or welfare. 

 

(b)   Duties of Owner.  The owner or registered agent of the owner of any building that has become vacant shall, maintain the vacant building as follows:

 

(1)               Lawns and landscaping shall be kept mowed, maintained and trimmed.

(2)               All building exteriors shall have adequate weather protection, including paint and finish in good condition.

(3)               All buildings and grounds must be secured against trespassers.  This includes maintaining all exterior doors, windows and yard fencing in a good and secured condition.

(4)               Roofs on all buildings shall be in good, weather tight condition with no leakage.

(5)               Any accumulated trash or debris must be removed from the property immediately.

 

(c)  Insurance Required.  The owner of any building that has become vacant shall maintain liability insurance, covering any damage to any person or any property caused by any physical condition of or in the building.

 

(d)   Administration.  The Building Inspector may issue rules and regulations for the administration of this section. These rules may designate board-up materials and methods which must be used when securing a building so that the boarding is reasonably incapable of being removed by trespassers or others acting without the building owner's consent. Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than $200.00 and not more than $1,000.00 for each offense. Every day that a violation continues shall constitute a separate and distinct offense.

 

(e)    Notice to Owner.  If at any time after making an inspection of a property the building inspector determines that the building is vacant and open, the building inspector shall notify the owner that the building must be enclosed and secured within thirty (30) days or the City will commence condemnation proceedings on the building.  A written statement by the building inspector setting forth the basis for his or her determination shall accompany the order.

 

(f)   City May Secure Building.  Upon failure of an owner to secure a vacant building within the required time, the City will secure the building in accordance with the established rules and regulations.  

 

(g)  Enforcement by Lien.  The cost of securing and enclosing a vacant building incurred by the City, shall be recoverable from the owner or owners and shall be a lien on the property upon which the building or structure shall also be enforceable in the same manner as liens for delinquent property taxes.  

 

            The above ordinance having been submitted to a vote, the vote thereon was as follows:

            YEAS:

            NAYS:

            ABSTAINED:

            ABSENT:

            And the above ordinance was declared adopted this _______ day of ___________________, 2004.

 

_________________________                            ____________________________

Tommy Eschete, Council Adm.                 Chad J. Mire, President

 
 
     
 
City of Thibodaux, LA

           

ORDINANCE NO. ______
           
AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 6
OF THE THIBODAUX CITY CODE OF ORDIANANCES SO
AS TO ADD SECTION 6-4 ENTITLED “VACANT BUILDINGS”
 

BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that:

WHEREAS, the City of Thibodaux finds that vacant and abandoned buildings create health hazards for the surrounding community by providing shelter for stray animals, rats and other vermin; and

            WHEREAS, these vacant and abandoned buildings become a breeding ground for illegal activity, crime and jeopardize the safety of neighboring property owners, and the general public; and

            WHEREAS, the general deterioration of unsecured vacant buildings jeopardize the insurance coverage and market value of adjacent properties; and

            WHEREAS, police and firefighting personnel are at risk when entering these vacant buildings that are often structurally unsafe; and

            WHEREAS, The City will now require building owners to take reasonable steps to secure their vacant properties.

            NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux that Chapter 6 of the Thibodaux City Code of Ordinances is hereby amended and re-enacted so as to add Sub-Section 6-4 to read as follows:

 

 

Sec. 6-4. Vacant Buildings -- Owner Required To Act -- Enforcement Authority.

 

(a)     “Vacant building” defined.  For purposes of this section, "vacant building" means a building which is not actually occupies by its owner, lessee or other invitee, or at which substantially all lawful business operations or residential occupancy has ceased, or which is substantially devoid of content, that has been left unsecured or inadequately secured from unauthorized entry to the extent that the premises may be entered and utilized by vagrants or other univited persons as a place of harborage, or any premises which by reason of dilapitation, deterioration, state of disrepair, or other such status is otherwise detrimental to or endangers public safety, health, or welfare. 

 

(b)   Duties of Owner.  The owner or registered agent of the owner of any building that has become vacant shall, maintain the vacant building as follows:

 

(1)               Lawns and landscaping shall be kept mowed, maintained and trimmed.

(2)               All building exteriors shall have adequate weather protection, including paint and finish in good condition.

(3)               All buildings and grounds must be secured against trespassers.  This includes maintaining all exterior doors, windows and yard fencing in a good and secured condition.

(4)               Roofs on all buildings shall be in good, weather tight condition with no leakage.

(5)               Any accumulated trash or debris must be removed from the property immediately.

 

(c)  Insurance Required.  The owner of any building that has become vacant shall maintain liability insurance, covering any damage to any person or any property caused by any physical condition of or in the building.

 

(d)   Administration.  The Building Inspector may issue rules and regulations for the administration of this section. These rules may designate board-up materials and methods which must be used when securing a building so that the boarding is reasonably incapable of being removed by trespassers or others acting without the building owner's consent. Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than $200.00 and not more than $1,000.00 for each offense. Every day that a violation continues shall constitute a separate and distinct offense.

 

(e)    Notice to Owner.  If at any time after making an inspection of a property the building inspector determines that the building is vacant and open, the building inspector shall notify the owner that the building must be enclosed and secured within thirty (30) days or the City will commence condemnation proceedings on the building.  A written statement by the building inspector setting forth the basis for his or her determination shall accompany the order.

 

(f)   City May Secure Building.  Upon failure of an owner to secure a vacant building within the required time, the City will secure the building in accordance with the established rules and regulations.  

 

(g)  Enforcement by Lien.  The cost of securing and enclosing a vacant building incurred by the City, shall be recoverable from the owner or owners and shall be a lien on the property upon which the building or structure shall also be enforceable in the same manner as liens for delinquent property taxes.  

 

            The above ordinance having been submitted to a vote, the vote thereon was as follows:

            YEAS:

            NAYS:

            ABSTAINED:

            ABSENT:

            And the above ordinance was declared adopted this _______ day of ___________________, 2004.

 

_________________________                            ____________________________

Tommy Eschete, Council Adm.                 Chad J. Mire, President

 
   
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