AN ORDINANCE REVISING ARTICLE B OF CHAPTER 16 OF THE TOWN’S ORDINANCES REGARDING THE REMOVAL OF ABANDONED, INOPERATIVE, OR NUISANCE VEHICLES WITHIN THE CORPORATE LIMITS OF THE TOWN OF LIVONIA, LA
Chapter 16 – MOTOR VEHICLES AND TRAFFIC
Article B. Removal of Abandoned, Inoperative or Nuisance Vehicles
Section 16.11 Findings and declarations
Section 16.12 Definitions
Section 16.13 Exceptions
Section 16.14 Administration and enforcement
Section 16.15 Right to enter on private property
Section 16.16 Abatement of abandoned, inoperative, and/or nuisance vehicles
Section 16.16.1 Request for Hearing
Section 16.17 Failure or refusal to comply
Section 16.18 Removal of vehicles from private property
Section 16.11 Findings and declarations
Abandoned vehicles, inoperative vehicles and/or nuisance vehicles, as defined in this article, have been found to create conditions detrimental to the health, welfare, and safety of the residents of the town by promoting blight and deterioration, inviting plundering, creating fire hazards, constituting a potential attractive nuisance to minors, harboring or creating breeding grounds for mosquitoes and other pests, and by tending to reduce the value of property.
Therefore, the presence of abandoned, inoperative, and/or nuisance vehicles, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Article.
Section 16.12 Definitions
As used in this Article:
- "Abandoned vehicle" means a motor vehicle that is inoperable and is left for more than three days in any of the following circumstances:
- Unattended on public property;
- Unattended on the shoulder or within the right-of-way of a four-lane highway, two-lane highway, or any road, street or thoroughfare within the corporate limits of Livonia;
- Illegally on public property; or
- On private property without the consent of the owner or person in control of the property.
- "Antique vehicle” means any motor vehicle twenty-five (25) years or older, which is substantially in its original condition. These vehicles must be registered as antiques and display antique license plates.
- “Nuisance Vehicle” means a motor vehicle which is totally inoperable, left unattended on any portion of any occupied lot, neutral ground, street, or sidewalk, and is so damaged or dismantled as to be a total loss, including abandoned or stored motor vehicles which could be deemed of historic or special interest. The term “total loss” shall mean that the cost to repair the damaged or dismantled motor vehicle exceeds the junk value of the vehicle, as determined by any recognized national appraisal book.
- The term “inoperable” shall mean incapable of self-propelled movement for seventy-two (72) consecutive hours on public property or thirty (30) consecutive days on private property, and shall be determined based on the following non-exclusive factors, which, in the aggregate, evidence that the motor vehicle is not being used and maintained as an operating vehicle and the condition of the motor vehicle or the surrounding area does not indicate that active on-going efforts are underway to return the motor-vehicle to operating condition within the immediate future: The motor vehicle is partially dismantled, partially disassembled, or wrecked, or lacks major mechanical or body parts;
- The motor vehicle is not capable of movement under its own power in the manner in which it was originally intended, or is otherwise inoperable for use as a motor vehicle;
- Based upon the records of the town or from the condition of the motor vehicle, it is readily apparent that it is and has remained inoperable for a period in excess of 30 days;
- The motor vehicle has one or more tires missing or not reasonably inflated to the extent they are useable, or has one or more broken or severely cracked windows;
- The motor vehicle does not have a current license plate, registration, motor vehicle inspection sticker and/or it is evident that the motor vehicle is not currently operable in a legal manner;
- The motor vehicle is located in an area of a growth of weeds, grass, or other noxious vegetation over twelve inches in height;
- The location or condition of the motor vehicle makes it a possible breeding ground or harbor for mosquitoes, other insects, rats, snakes, or other vermin;
- The motor vehicle is a point of collection for pools or ponds of water;
- The motor vehicle is a point of concentration of quantities of gas or oil or other flammable or explosive materials;
- The motor vehicle is a point of collection of garbage, food waste, animal waste or other putrescent matter, or of trash, junk or similar collection of items, alone or in the aggregate;
- The motor vehicle has sharp or jagged parts, or has sharp or otherwise dangerous edges or points of metal, plastic, or glass;
- The motor vehicle has areas of confinement (trunk, no doorknobs/window handles) which cannot be operated from the interior of those areas;
- The motor vehicle has been utilized by minors for recreational activities within the previous 60 days;
- The motor vehicle is situated or located haphazardly, or is in danger of falling or turning over;
- The motor vehicle has an accumulation of factors that make it a health or safety hazard.
- "Enforcing agency" means the chief of police of the Town of Livonia as well as duly authorized law enforcement officers for the town.
- "Owner of the premises" means the owner of the land on which the vehicles are located, as shown on the latest property tax rolls of the Pointe Coupee Assessor’s Office.
- "Owner of the vehicle" means the last registered owner according the records of the Louisiana Office of Motor Vehicles.
- "Vehicle" means a device, by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
Section 16.13 Exceptions
This Article shall not apply to:
- A vehicle which is completely enclosed within a building in a lawful manner or is not otherwise visible from the street, a public right-of-way, or other public or private property.
- Any motor vehicle in an appropriate storage place or depository maintained at a location where such business is authorized under the regulatory ordinances of the town.
- Any motor vehicle in operable conditions specifically adapted or constructed for racing or operation on privately owned drag strips or raceways.
- An antique vehicle, as defined herein, that is retained by the owner for antique collection purposes, rather than for salvage or for transportation.
- Any motor vehicle stored as the property of a member of the armed forces of the United States who is on active-duty assignment.
Section 16.14 Administration and enforcement
Except as otherwise provided herein, this Article shall be administered and enforced by the Livonia police chief or their designee. In the enforcement of this Article, persons charged with administration and enforcement may enter upon private or public property to examine the vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be an abandoned vehicle or a nuisance vehicle pursuant to this Article.
Section 16.15 Right to enter on private property
When the town has contracted with or granted a permit to any person, the person shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be an abandoned vehicle or a nuisance vehicle pursuant to this Article.
Section 16.16 Abatement of abandoned and nuisance vehicles.
- Abatement of Abandoned Vehicles:
- Whenever any motor vehicle is found to be an abandoned vehicle, a notice shall be posted on the windshield of the vehicle directing that the vehicle is to be removed from that location within 48 hours, not to include weekends or legal holidays, and shall direct that the failure to remove the vehicle from its non-compliant location may result in the vehicle being removed by the town, or by a tow truck operator on behalf of the town.
- If the abandoned vehicle is not removed within 48 hours, not to include weekends or legal holidays, from date of posting the notice, the abandoned vehicle may be removed and disposed of by the town or a tow truck operator on behalf of the town, with all costs of towing and storage to be collected from the property owner, vehicle owner or lien holder retrieving the vehicle, or from the sale or disposition of the vehicle, as otherwise provided by law.
- In addition to the notice to be placed upon the windshield of the abandoned vehicle, as provided above, notice shall also be provided within ten (10) days of the date the vehicle was removed, to the registered owner of the abandoned vehicle and any registered lien holders (if such owner and/or lien holders can be reasonably determined), at the address reflected by the records of the Louisiana Office of Motor Vehicles, by certified U.S. Mail, or by personal service through town police personnel. If service by certified mail or personal service is unsuccessful,publication of the notice of the removal one time in the official journal of the town shall be deemed sufficient.
- The relocation of an abandoned vehicle to another location within the town after a proceeding for the abatement and removal of the vehicle has commenced will have no effect on the proceeding if the vehicle violates the provisions of this Article at the new location.
- If an abandoned vehicle is removed by the enforcing agency pursuant to this Article, the owner shall be entitled to regain possession thereof upon payment of such costs as may be fixed by the enforcing agency. The costs so fixed shall cover all charges for removing the vehicle to the place of holding and all other costs incurred during the period of holding.
- Whenever any abandoned vehicle has been removed by the enforcing agency from public streets, ways, roads, and highways within the town, and the same has not been claimed for a period of three (3) months or more, then the vehicle shall be considered as having been abandoned to the town and the town may dispose of such vehicle and collect the costs and charges of removing and storing said vehicle in accordance with state law.
- Abatement of Nuisance Vehicles:
- Whenever any motor vehicle is found to be a nuisance vehicle, a notice describing the nature of the nuisance shall be served on the following persons either by personal delivery, by certified mail with a five-day return requested, or by United State Postal Service delivery with signature confirmation:
- The last known registered owner of the nuisance vehicle;
- Each lienholder for the nuisance vehicle, according to the records of the Louisiana Office of Motor Vehicles; and
- The owner or occupant of the property on which the nuisance vehicle is located, or of the property adjacent to the right-of-way, if the nuisance vehicle is located in a public right-of-way.
If the notice is returned as undelivered, the action to abate the nuisance vehicle shall not commence until the eleventh day after the date of the postal service return.
- If the post office address of the last known registered owner is unknown, the notice shall be posted on the windshield of the vehicle directing that the vehicle is to be removed within fifteen (15) days, not to include weekends or legal holidays, and providing that the failure to remove the nuisance vehicle from its non-compliant location may result in the vehicle being removed by the town, or by a tow truck operator on behalf of the town.
- If the nuisance vehicle is not removed within fifteen (15) days, not to include weekends or legal holidays, from the date of delivery of the notice, the nuisance vehicle may be removed and disposed of by the town or a tow truck operator on behalf of the town, with all costs of towing and storage to be collected from the property owner, vehicle owner or lien holder retrieving the vehicle, or from the sale or disposition of the vehicle, as otherwise provided by law.
- The relocation of a nuisance vehicle to another location within the town after a proceeding for the abatement and removal of the nuisance vehicle has commenced will have no effect on the proceeding if the vehicle constitutes a public nuisance at the new location.
- Following the procedures described in this Section, a nuisance vehicle and/or parts thereof may, at the discretion of the town, be removed to a scrapyard, a motor vehicle demolisher, or a suitable site operated by the town. The town may finally dispose of the nuisance vehicle or may transfer it to another disposal site if the vehicle is scrap or salvage only.
- Whenever any nuisance vehicle is removed by or on behalf of the enforcing agency, it is prohibited for said vehicle to be reconstructed or made operable after removal.
Section 16.16.1 Request for hearing
- Any person receiving notice that they are in violation of the requirements of Section 16.16(2) of this Article may request, within the fifteen (15) day period after receipt of notice, a hearing before the Livonia Town Council, at which time the person shall provide evidence or cause why the vehicle should not be considered a nuisance vehicle.
- Such hearing request must be made in writing and must be received by the town within the fifteen (15) day period following receipt of the notice.
- The hearing shall be held not earlier than the eleventh day after the date of service of the notice, and the burden at the hearing rests with the vehicle owner to demonstrate that the vehicle is not inoperable.
- Following the hearing, the Council, upon finding that the vehicle is a public nuisance under the provisions of this Article, shall issue a resolution requiring removal of the nuisance vehicle, which shall include a description of the nuisance vehicle, the VIN of the vehicle (if available), and the license plate number of the vehicle (if available).
Section 16.17 Failure or refusal to comply
The failure or refusal to timely comply with this Article or to timely request a hearing in writing shall constitute a misdemeanor offense punishable by a fine of up to two hundred ($200) dollars, up to thirty (30) days imprisonment, or both for each violation. Each day of noncompliance with this Article may constitute a separate offense. The court may, upon conviction, order the removal of the abandoned or nuisance vehicle(s).
Section 16.18 Removal of vehicles from private property
Private property owners, whether commercial or residential, may exercise all rights afforded to them by law, to cause vehicles to be removed from their property which are illegally situated thereon. In the event that a private property requests the removal of an abandoned or nuisance vehicle illegally situated on their property, the enforcing agency is authorized to cause the vehicle to be removed by a wrecker service in accordance with established policies and procedures for obtaining wrecker services from law enforcement agencies within the town.
Said Ordinance having been introduced on May 11, 2026, by Webre notice of public hearing have been published, said public hearing having been held, the title having been read and the Ordinance considered, a motion was made by Webre and seconded by L. Jarreau to adopt the Ordinance. A record vote was taken and the following results were had:
YEAS: Bergeron, L. Jarreau, T. Jarreau, LeJeune, Webre
NAYS: None ABSENT: None ABSTAIN: None
Whereupon, the Ordinance was declared adopted on this 9th day of June 2026.
ATTEST and delivered to the Mayor APPROVED and delivered to the Clerk
June 10, 2026 June 10, 2026
Donna Bergeron, MMC Rhett Pourciau, MAYOR
Town Clerk, Livonia, Louisiana Town of Livonia, Louisiana
