§ 34-331. Right of entry for purpose of inspection; correction of improper conditions.

(a)

The public works department and its agents, employees or representatives are hereby authorized to enter onto property for the purpose of inspecting drains, drainage structures and improvements.

(b)

Upon such inspection, if the department determines that there exists improper drainage on the property, the department shall request that the owner correct such condition or cause such condition to be corrected within 30 days.

(c)

Notice shall be in writing and shall be by certified mail to the owner of the property on which the condition exists, addressed to the owner at the address shown on the parish property tax rolls. Delivery or attempted delivery of the notice shall be sufficient, and shall constitute notice to any and all owners, occupants or tenants of the property.

(d)

The director of the public works department may, at his option, cause notice to be published on three consecutive days in any daily newspaper delivered throughout the parish. Such notice shall be in place of the notice required by subsection (c) of this section, and shall be deemed to meet the requirements of notice to any and all owners, tenants or occupants of any such property.

(e)

Upon the failure, neglect or refusal of any owner to comply with the notice by correcting or causing the condition to be corrected within 30 days of the date of the notice, the department may correct the condition or cause the condition to be corrected.

(f)

Partial compliance with the notice given pursuant to subsection (c) or (d) of this section by the owner, or the failure or refusal by the owner to fully and completely correct the condition within the time provided for in this section, shall be deemed a failure, neglect or refusal by such owner to comply with the requirements of this subdivision.

(g)

Notwithstanding any provisions to the contrary, no notice shall be required to be given pursuant to this section if the director of the department determines that the condition which exists poses or creates an immediate threat of damage or injury to the lives, health, safety and property of the public, and that there exists an immediate need for action to correct the condition in order to prevent or avert such damage or injury.

(h)

The city-parish consolidated government may enforce any of the provisions of this subdivision upon motion or petition by the city-parish consolidated government in summary proceedings or ordinary proceedings in any court of competent jurisdiction. Nothing contained in this section shall be construed as prohibiting or preventing the city-parish consolidated government from enforcing the provisions of this subdivision through ordinary proceedings.

(Parish Code 1977, § 9-20)