§ 10-244. Complaints; hearing on violations; appeals.

(a)

Complaints; investigation of violations. Upon receipt of information that any colony is not being kept in compliance with this division, the animal care center supervisor or his/her designee shall cause an investigation to be conducted. Such an investigation shall be conducted within 14 regular business days following receipt of a formal complaint. Formal complaints shall be filed with the animal care center supervisor. Formal complaints must be made in writing and can either be delivered in person or delivered by the United States Postal Service. All such formal complaints must contain the name, address and telephone number of the complainant, the location of the injurious apiary, the name and address of the beekeeper, if known, and a description and explanation of the complaint. If the animal care center supervisor or his designee finds that grounds exist to believe that one or more violations have occurred, he shall cause a written notice of hearing to be issued to the beekeeper within ten regular business days.

(b)

Notice of hearing. The notice of hearing shall set forth:

(1)

The date, time and place at which the hearing will be conducted.

(2)

The violation alleged.

(3)

That the beekeeper may appear in person or through counsel, present evidence, and cross examine witnesses.

(4)

That the bees may be ordered destroyed or removed from the problem location and/or the parish/urban area if the animal care center advisory board finds that they have been kept in violation of this division.

Notices shall be delivered to the beekeeper via certified United States Postal Service delivery or by personal delivery on behalf of the animal care center supervisor or his designee. However, if the animal care center supervisor or his designee is unable to locate the beekeepers, then the notice may be given by publication one time in the legal notice section of a newspaper of general circulation at least five regular business days prior to the date of the hearing.

(c)

Conduct of hearing; order by hearing officer. The hearing shall be conducted by the animal care center advisory board. The burden shall be on the animal care center supervisor to demonstrate by a preponderance of credible evidence that the colonies have in fact been kept in violation of this division. If the animal care center advisory board finds that the colonies have been kept in violation of this division, then he may order that the bees be destroyed or removed from the problem location and/or the parish/urban area within a period not to exceed 20 days, and that bees not thereafter be kept upon the tract for a period of up to two years. In instances where the animal care center advisory board finds that the violations were not intentional and that the beekeeper has employed corrective actions that will probably be effective to cure the violations alleged, then it may issue a warning in lieu of ordering the bees destroyed or removed. Upon failure of the beekeeper to comply with the order, the animal care center supervisor or his designee may cause the bees to be destroyed or removed and the hive structures to be removed. In each instance in which a bee colony is destroyed, all usable components of the hive structure that are not damaged or rendered unhealthy by the destruction of the bees shall, upon the beekeeper's written request, be returned to the beekeeper, provided that the beekeeper agrees to bear all transportation expenses for their return. If the beekeeper is unknown, the animal care center supervisor shall impound the hive structures. Disposition of these structures shall be effected under the appropriate guidelines.

(d)

Appeal to council. The decision of the animal care center advisory board may be appealed by filing a notice of appeal with the clerk of the council within ten days following the date that the animal care center advisory board announces his decision, or if the decision is not announced at the conclusion of the hearing, then within 15 days following the date that the animal care center advisory board places written notice of its decision by certified mail to the beekeeper. Upon receipt of an appeal, the clerk of the council shall enter the appeal within 30 days on the agenda of a meeting of the Lafayette City-Parish Council for the council's consideration. An appeal shall not negate the hearing officer's decision, and it shall not be the responsibility of the beekeeper to remove the bees from the problem location and/or the parish/urban area pending the determination of the appeal.

(e)

Appeal from decision of council. Upon appeal to the Lafayette City-Parish Council, the decision of the council shall be final unless an appeal is made to the district court of the order to remove or destroy the bees in violation of this division and an appropriate temporary restraining order has been issued by the court.

(f)

Exceptions to hearing requirement. The provisions of this section shall not be construed to require the conduct of a hearing for the destruction of:

(1)

Any bee colony, feral or domesticated, not residing in a hive intended for beekeeping;

(2)

Any swarm of bees located outside of a registered apiary site; or

(3)

Any colony residing in a standard or manmade hive, which by virtue of its condition has obviously been abandoned by the beekeeper.

(Ord. No. O-142-2017, § 3, 8-8-2017)