§ 34-330. Right of entry for purpose of performing work on drains.

(a)

The public works department and its agents, employees or representatives are hereby authorized to enter onto property for the purpose of performing work on drains at such times and in such a manner as the department shall deem necessary; provided, however, that no such work shall be undertaken until notice is given as set forth in this section, except as provided in subsection (c) of this section.

(b)

The department shall give notice to the owner of property on which work is to be performed of its intent to enter the property for the purpose of performing such work. The notice shall be in writing and may be mailed to the owner, or tendered or delivered to the owner, tenant or occupant of such property. The notice may be tendered or delivered by tacking such notice on the door or entrance to any building, residence or structure on the property. Delivery or attempted delivery of the notice at least ten days prior to the commencement of work shall be sufficient. Such notice so tendered or delivered shall constitute notice to any and all owners, occupants and tenants of such property.

(c)

Notwithstanding any provision to the contrary, no notice shall be required to be given pursuant to this section if the director of the department determines that there exists an immediate need for work on any drain to be performed in order to avert or prevent threatened flooding of any area.

(d)

No owner, tenant or occupant shall take any action intended or designed to prohibit or deny the department or its agents, employees or representatives access to any drain or portion thereof for the purpose of performing work on such drain as provided in this section.

(Parish Code 1977, § 9-19)