§ 86-176.A. Effect of liability; exclusion of civil remedy.

(a)

The imposition of a civil violation penalty under this article shall not be considered a criminal conviction.

(b)

The Lafayette City-Parish Attorney and/or a contractor selected in accordance with applicable laws is authorized to file suit to enforce collection of unpaid fines and/or related fees and penalties imposed under section 86-118 by any and all lawful means to secure such payments, including but not limited to initiating actions through a court of competent jurisdiction; or any other lawful means, all in accordance with applicable authority, laws and procedures.

(c)

The director shall ensure, and shall so instruct any contractors selected pursuant to this section, that unpaid fines and/or related fees and penalties imposed under this division are enforced in the following manner:

(1)

No fewer than 120 days after issuance of a final order under section 86-109, if a violation has incurred $125.00 or more in delinquent penalties (not including late payment penalties or administrative adjudication fees) within the three calendar years preceding issuance of the final order under section 86-109.

(2)

The director shall transfer to the Lafayette City-Parish Attorney all original documents, if any. Upon receipt of all documents supplied to the contractor or collection agency, the Lafayette City-Parish Attorney shall enforce collection of all unpaid fines, fees, penalties, late payment penalties and administrative adjudication fees in a court of competent jurisdiction for vehicles registered with the Louisiana Department of Motor Vehicles. The Lafayette City-Parish Attorney may bring suit in the name of the Lafayette City-Parish Consolidated Government or may retain outside counsel to bring suit, in accordance with applicable laws, in the name of the Lafayette City-Parish Consolidated Government.

(3)

The director or contractor, as applicable, shall supply to the Lafayette City-Parish Attorney, or outside counsel bringing suit, all materials and/or testimony necessary to support enforcement.

(4)

The Lafayette City-Parish Attorney shall ensure defendants in enforcement suits authorized by this section have, until rendition of final judgment, the option of settlement by payment of all outstanding fines, fees, penalties, late payment penalties and administrative adjudication fees, as well as, court costs and filing fees incurred (whether prepaid or otherwise) in enforcement. No defendant in such suit shall be required to pay attorney's fees in connection with such settlement.

(5)

The Lafayette City-Parish Attorney shall ensure that any money judgment obtained in a suit to enforce fines levied for violation of this division shall be recorded in the mortgage records of the Lafayette Parish Clerk of Court as a judicial mortgage against the property of the defendant.

(Ord. No. O-044-2013, § 3, 5-21-2013)

Editor's note

Ord. No. O-044-2013, § 3, adopted May 21, 2013, supplied provisions to be added to this Code as § 86-176.1. In order to preserve the existing numbering style of the Code, said provisions have been redesignated as § 86-176.A to read as set out herein.