§ 8-3. Abandoned automobiles, major appliances and other junk; disposition.

(a)

Definitions:

(1)

Junked, wrecked or used automobiles or motor vehicles shall mean any motor vehicle which is totally inoperable, totally or partially dismantled, or unable to perform the functions or purposes for which the vehicle was originally constructed.

(2)

Major appliances or other junk shall mean any refrigerator, freezer, range, machinery or other metal items which are inoperable or unable to perform the function or purpose for which the item was originally constructed.

(b)

It shall be unlawful for any person, partnership, corporation or association or their agent, either as owner, lessee, tenant or occupant, to store or abandon any junked, wrecked or used automobiles or motor vehicles or any part or parts thereof on any property within unincorporated areas of this parish.

(c)

It shall be unlawful for any person, partnership, corporation or association or their agent, either as owner, lessee, tenant or occupant, to store or abandon any major appliance or other junk or any part or parts thereof on any property within unincorporated areas of this parish.

(d)

Whenever a complaint is made to the office of the police jury of this parish under subsection (b) of this section, the office of the police jury shall cause notice to be placed on the junked, wrecked or used automobile or motor vehicle. The notice shall require that the vehicle be removed within fifteen (15) days from the date of placement of the notice or that the owner of the vehicle request by registered mail addressed to the Ouachita Parish Police Jury that a public hearing be held by the Ouachita Parish Police Jury regarding the required disposition of the junked, wrecked or used automobile or motor vehicle. If the owner of the automobile or motor vehicle does not request a public hearing and if the automobile or motor vehicle remains in the public way or on any lot or parcel of ground within unincorporated areas of the parish after the expiration of fifteen (15) days from the date notice was placed on the automobile or motor vehicle, then said vehicle shall be considered public property and shall be disposed of by the parish who shall have the authority to enter upon said lot or property and cause the vehicle to be removed. Any and all costs of removal not to exceed five hundred dollars ($500.00) shall be due and owing from the owner of the junked, wrecked or used automobile or other motor vehicle to the Police Jury of the Parish of Ouachita and may be collected from said owner by the Police Jury of the Parish of Ouachita.

If the owner of the automobile or motor vehicle does request a public hearing, the Ouachita Parish Police Jury shall appoint a hearing panel, consisting of three (3) individuals who shall schedule a hearing within thirty (30) days after appointment. At least five (5) days, prior to hearing, the owner shall receive written notice of the hearing, the proposed action by the police jury, and the grounds for said action. The owner shall have the right at the hearing to be represented by counsel, to call witnesses, and to present evidence and reasons why the proposed action should not be taken. After the hearing, the hearing panel shall reach a decision and shall either order the vehicle to be removed under the provisions of this section, or shall declare said vehicle not to be a junked, wrecked or used automobile or motor vehicle under the provisions of this section. The owner shall have the right to appeal the decision of the hearing panel to the Ouachita Parish Police Jury or to the Fourth Judicial District Court, State of Louisiana. Lienholders who have not obtained possession of any vehicle subject to enforcement action shall not be personally liable for the costs of removal.

(e)

Whenever a complaint is made to the office of the police jury of this parish under subsection (c) of this section, the office of the police jury shall cause notice to be placed on the major appliance or other junk, and a registered letter to be mailed to the owner of the property informing the property owner of the violation of this section. The notice shall require that the major appliance or other junk be moved within fifteen (15) days from the date of placement of the notice unless the owner of the major appliance or other junk, by registered mail addressed to the Ouachita Parish Police Jury, requests a public hearing be held by the Ouachita Parish Police Jury regarding the required disposition of the major appliance or other junk. If the owner of the major appliance or other junk does not request a public hearing and if the major appliance or other junk remains in the public way or on any lot or parcel of ground within unincorporated areas of the parish after the expiration of fifteen (15) days from the date notice was placed on the major appliance or other junk, then said major appliance or other junk shall be considered public property and shall be disposed of by the parish who shall have the authority to enter upon said lot or property and cause the major appliance or other junk to be removed. Any and all costs of removal not to exceed two thousand five hundred dollars ($2,500.00) shall be due and owing from the owner of the major appliance or other junk to the police jury of the Parish of Ouachita and may be collected from said owner by the police jury of the Parish of Ouachita.

(f)

An owner of property outside the municipal limits of a municipality located within the parish who has received notice from the parish under subsections (b) or (c) of this section may construct a seven (7) foot board or metal fence completely enclosing the junked, wrecked or used automobiles or motor vehicles or the major appliance and other junk set forth in the notice, whichever is applicable, in lieu of removing the junked, wrecked or used automobiles or motor vehicles or major appliances and other junk, whichever is applicable, from the lot or parcel of ground from which the junked material is located. Said fence shall be constructed within ten (10) days from the date notice is placed in the motor vehicles or junked material or the date notice is received by registered mail, whichever is applicable. The metal fence authorized in this subsection shall consist of a chain link fence with metal inserts or a smooth painted, non-corrugated metal surface, which completely obstructs the view of the junked, wrecked or used automobiles or motor vehicles or major appliance or other junk.

(g)

Upon the failure of the owner of the property outside the municipal limits of a municipality located within the parish to pay the charges for the removal of the automobiles, major appliances, or other junk, as set forth above, the Ouachita Parish Police Jury shall file a certified copy of such charges with the recorder of mortgages for the Parish of Ouachita and the same when so filed and recorded shall operate as a lien and privilege in favor of the Parish of Ouachita against the property upon which said items were removed.

(h)

Penalty. The owner and/or occupant of property whereon items are stored or abandoned in violation of this section shall be subject to a fine of not more than two hundred dollars ($200.00) for a first violation. In the event of subsequent violations on the same property this fine shall be increased to not more than five hundred dollars ($500.00).

Additionally, the Ouachita Parish Police Jury shall provide a certified copy of the charges for the removal of said abandoned automobiles, major appliances and other junk to the tax collector of the Parish of Ouachita. Upon presentment, the tax collector shall add to such charges an amount equal to fifteen (15) per cent of the total, which amount shall be added to the ad valorem tax bill of the property so involved. Upon collection of such charges from the owner of the property involved, the tax collector shall retain fifteen (15) per cent and shall forward the balance to the secretary-treasurer of the Ouachita Parish Police Jury.

(Ord. No. 7210, 1-16-67; Ord. of 7-21-83; Ord. No. 8035, 9-22-86; Ord. No. 8103, 2-1-88; Ord. No. 8152, 7-7-89; Ord. No. 8171, 1-22-90; Ord. No. 8270, 6-15-92; Ord. No. 8387, 4-3-95; Ord. No. 8458, 4-21-97; Ord. No. 9011, § I, 3-4-13)