§ 1-14. Issuance of cease and desist order.

(a)

When used in this section, the following terms shall have the following meanings ascribed to them:

Non-permittee means a person who, by virtue of any work or activity which requires a permit in accordance with this Code or any other ordinance, is proposing or intending to conduct such work or activity, is in the process of conducting such work or activity, or has conducted such work or activity, without a valid permit as required by this Code or any other ordinance.

Other person means a person who is performing or has performed an act of the type described or contemplated by subsection (b)(4) hereof.

Permit means a license, permit, certificate, franchise or plan that has been issued, approved or required by the LCPG, in accordance with this Code or any other ordinance.

Permittee means a person who holds a permit, or its officers, agents, employees, counsel, contractors, subcontractors, consultants or other representatives.

(b)

Upon request and recommendation of the director of the department that is relevant to the particular issue involved, or his/her designee, and upon being reasonably satisfied that good cause exists, the city-parish attorney, or his/her designee, may issue a cease and desist order in writing, to a permittee, non-permittee or other person who is involved in any of the following activity, conduct or practice, directing such permittee, non-permittee or other person to cease and desist such activity, conduct or practice or to take the other action(s) demanded therein:

(1)

Failure by a permittee to perform an act that is required to be performed by the permit; or

(2)

Performance by a permittee of any act that is not authorized by, or is contrary to, the specifications, requirements or scope of work required or authorized by the permit; or

(3)

Performance by a non-permittee of any act or conduct of any work or activity for which a permit is required by this Code or any ordinance; or

(4)

Performance by any person of any act that presents an extraordinary or potentially dangerous situation to the public at large or to any street, property or facility that is owned, maintained, operated or utilized by the LCPG.

As used herein, "good cause" shall be deemed to exist if, in the opinion of the city-parish attorney, the director affirmatively demonstrates that he has informed the chief administrative officer of the relevant circumstances and that he has made repeated and specific efforts to cause the permittee to perform or comply with his obligations under the permit, or the non-permittee to comply with his obligations under the Code or any ordinance, or other person to alleviate or rectify the performance of any act as described in or contemplated by subsection (4) above, to no avail; provided, however, that no showing of good cause shall be necessary in the event of an emergency situation which has the potential of immediate harm to life or property.

(c)

A cease and desist order shall be served upon a permittee, non-permittee or other person by one of the following methods:

(1)

Certified or registered mail; or

(2)

A reliable commercial courier service; or

(3)

Hand delivery to the permittee, non-permittee or other person through any officer or executive employee by an employee of LCPG.

(d)

Any of the activities, conduct or practices that occur, as described in subsection (b) of this section, may be abated or enforced upon the issuance of a cease and desist order by revocation or suspension of the permit held by the permittee or by revocation or suspension of any permit held by the non-permittee, whether or not related to the job or project of the non-permittee to which the cease and desist order is directed.

(e)

If the permittee, non-permittee or other person to whom a cease and desist order is directed does not cease and desist the prohibited activity, conduct, or practice, described in the cease and desist order, or fails to take the other action(s) demanded therein, within two business days from service of such cease and desist order, or unless a written agreement reasonably satisfactory to the relevant director is executed, the LCPG may seek, in any court of competent jurisdiction and proper venue, injunctive relief enjoining the permittee, non-permittee or other person from engaging in such prohibited activity, conduct, or practice described in the cease and desist order or commanding the other action(s) demanded therein. Additionally, the permittee, non-permittee or other person shall be assessed a penalty of $250.00 or, in the case of a non-permittee, the amount of the fee required to acquire a necessary permit or, in the case of a permittee, one-half of the amount of the fee paid to acquire such permit, whichever is greater, per day, beginning the next business day after the second business day from which the cease and desist order was served upon the permittee, non-permittee or other person.

(f)

The selection of any of the remedies set forth herein shall not constitute an election of remedies and shall not be a bar against, or a prerequisite for, taking any other action or requesting any other relief against the permittee, non-permittee or other person who is involved in the prohibited activity, conduct or practices described in the cease and desist order.

(g)

In any judicial action or proceeding in which the LCPG appears and prevails in the capacity of plaintiff or defendant, and which pertains to the enforcement of a cease and desist order or the remedies set forth herein, the court shall award to the LCPG its reasonable attorney's fees, court costs and expenses incurred therein as well as the penalty prescribed in subsection (e) of this section.

(h)

No permit shall be issued to any person who is in litigation with respect to any action involving the enforcement of a cease and desist order or who has been judicially determined to be liable for penalties, attorney's fees, court costs and/or expenses in connection with this section until such amounts are paid in full. Furthermore, such person shall be prohibited from returning to the particular job or project to which the cease and desist order is directed, or any job or project for which a permit has been issued, until such penalties, attorney's fees, court costs and/or expenses assessed in connection with this section are paid in full, and the cease and desist order is lifted or vacated as provided in subsection (i) of this section or as ordered or permitted by order of a court of competent jurisdiction.

(i)

At such time that a person to whom a cease and desist order is directed has complied with such order, including, but not limited to, the payment of any penalties, attorney's fees, court costs and/or expenses assessed in connection therewith, the person who issued the order, or his/her designee, may lift or vacate the cease and desist order, with or without conditions, including, but not limited to, the assessment of a penalty determined in accordance with subsection (e) of this section.

(Ord. No. O-050-2008, § 2, 6-3-08)