Beruflich Dokumente
Kultur Dokumente
Of Louisiana Communities
and
By
Neil Erwin
Susannah O. Stinson
Caroline E. Mladenka
Neil Erwin Law, LLC
www.neilerwinlaw.com
Follow us on Twitter@NeilErwinLaw
Presented to
Louisiana Municipal Association
August 1, 2015
Neil Erwin, J.D. is Manager of Neil Erwin Law, LLC, and has practiced for over 35
years. His career focuses on practical, creative solutions in the field of local government
law, including litigation. During his career, he has had the privilege to represent both
governmental bodies and businesses (including Wal-Mart, Kroger, Safeway, and RiteAid), gaining a unique perspective and understanding of the problems and opportunities
of different sides. He is past President of the Louisiana City Attorneys Association, and is
a frequent speaker on zoning, land use, and environmental law topics throughout
Louisiana. He is a graduate of SMU and LSU Law School, where he was editor of the
Louisiana Municipal Law Journal. He represents a number of local governments, is a
past Assistant City Attorney for the City of Shreveport, and a past member of the
Metropolitan Shreveport Zoning Board of Appeals.
Susannah O. Stinson, J.D. is Associate Attorney with Neil Erwin Law, LLC. Her law
practice is in litigation, real estate, finance, municipal law, and land use, including
traditional neighborhood development, plus condominium and subdivision
development and restriction issues. Her experience includes practice with the Jones,
Walker law firm in Baton Rouge, and later as Associate Vice Chancellor for University
Development at Louisiana State University in Shreveport. She is a graduate of Louisiana
Tech University, summa cum laude, and the LSU Paul M. Hebert Law Center, where she
was a member of Order of the Coif and a Senior Editor of the Louisiana Law Review. She
is a recipient of the Top 40 under 40 award for young professionals by the ShreveportBossier Chambers of Commerce.
Caroline E. Mladenka, MPA is Policy Analyst with Neil Erwin Law, LLC. She holds a
Masters degree in Public Administration from LSU E. J. Ourso College of Business, following a BA in Communication Studies from LSU. Her education and experience
(including dealing with the BP Oil Spill) provide a unique understanding of and ability to
navigate the many variables, including citizen input, that affect the course of decision
making in the field of local government law. Her drafting and implementation expertise
includes both zoning ordinances and subdivision development restrictive
covenants. She is a recipient of the Top 40 under 40 award for young professionals by
the Shreveport-Bossier Chambers of Commerce. She provides a presence in Baton
Rouge, where she lives with her husband (owner of Cou-Yons Barbeque and Seafood,
Port Allen), while maintaining a regular schedule in the law firms Shreveport/Bossier
City office.
5. LITTER
Generally, litter is defined as all waste materials except for hazardous waste.
La. R.S.30:2522(4)
Your Legal Arsenal
Litter is regulated by state statute, and may also be regulated by local ordinance.
State Statute: La R.S. 30:2521 - 2548
A breakdown of the newly doubled monetary fines and the three types are as follows:
Simple littering, the lowest offense, is the disposal of litter on public or private property not
owned by the offender or on waters of the state. This type of litter occurs, for example,
when a load is not secured well, and an ice bag flies out from the open back of a truck.
Civil penalty and cost. Its fine is now $150 (increased from $75) for the first offense and
$1,000 for the second and subsequent offenses.
Intentional littering occurs when, for instance, one tosses a beverage can out the window.
Criminal penalty and cost. New citations are $500 for the first offense, $1,000 for the
second offense, and $2,500 for the third or subsequent offenses.
Gross littering is household garbage and the intentional disposal of large items (such as
abandoned boats, for example).
Newly doubled fines are $2,000 for a first offense, up to $5,000 for a second offense and
up to $10,000 for a third and subsequent offense.
On shoulder or right of way of interstate or 4-lane highway, for more than 24 hours,
or
Or a motor vehicle that has remained on private property, without the consent of
the owner or person in control of the property, for more than 3 days.
Local ordinance:
Apparently necessary to extend reach of abandoned vehicle prohibition to municipal
streets.
Required Notice:
Law enforcement officer must post notice on windshield of vehicle that must be removed
within 24 hours or be towed to municipal storage.
Once towed, municipality must within 10 days send registered or certified letter, return
receipt requested, to owner of the vehicle and any person or firm known to be holder of
mortgage on the vehicle. Second letter required at end of three months.
Notices state that vehicle shall be sold at public auction to highest bidder unless owner
claims the vehicle and pays the municipality all costs and charges imposed by the
municipality for the removal and detention of the vehicle.
Levy fines, fees, penalties, and hearing costs (the maximum of which shall not exceed
those established for parish or municipal courts)
Take necessary and lawful measures to effect correction of the violation if the violator
fails to do so by the deadline established
Record orders, judgments, notices of judgment, or liens in the mortgage records. The
lien and privilege secures all fines, costs, and penalties assessed, which are included in
the next annual ad valorem tax bill and, if unpaid, subject to tax sale as blighted or public nuisance property. The lien and privilege has the effect of a judicial mortgage against
the immovable property, and may be enforced by filing in district court for a writ under
Code of Civil Procedure Art. 2253.
The hearing officers order may be appealed to district court. Filing of the appeal does not stay
the enforcement and collection of a judgment by the hearing officer unless the person filing the
appeal furnishes security prior to the filing of the appeal with the municipality in an amount to
be fixed by the hearing officer as sufficient to assure satisfaction of the hearing officers order
to correct the violation.
The Code Enforcement Court procedure avoids criminal prosecution for non-criminal violators
and often has been found through experience to offer a useful forum for agreement on a
reasonable plan for correction of the code violation.
3. ROAMING
ROAMINGDOGS
DOGS
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Backyard chicken and rabbit raising in town very popular sustainable practice now.
Some communities have adapted their zoning regulations to allow this under specified
sanitary conditions; however, most subdivision covenants still prohibit it.
Limitation on number of animals at residences (in most covenants, but towns dont
enforce them).
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Mosquito and pest control ordinance may assist in controlling trash and open,
abandoned receptacles
Streets and/or drainage ordinance may have regulations prohibiting the placement of
debris in ditches or property
State statute(s):
There are several statutes on blight scattered across the Louisiana Revised Statutes, many of
which are municipality-specific.
Generally La. R.S. 33:4770.12
[text of statute on following page]
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CONCLUSION
There would be little or no disagreement that municipal nuisances, if left unaddressed, can
erode a sense of community, risk public safety, and inhibit future growth.
Therefore, looking at the Troublesome Top 5 Nuisances of Louisiana Communities, it is
recommended that municipalities:
Adopt local ordinances to control junk, and at least, stop the open storage of vehicles.
Explore cooperation with parish government to adopt animal control ordinances and
provide necessary enforcement personnel.
Implement a system for required yard maintenance, enforced through liens if the
municipality must step in.
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Dilapidated Structures
#2
Roaming Dogs
#3
#4
Litter
#5
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