AN ORDINANCE REVISING ARTICLE B OF CHAPTER 18 OF THE TOWN’S ORDINANCES REGARDING THE CONDEMNATION AND REMOVAL OF DILAPIDATED AND DANGEROUS STRUCTURES WITHIN THE CORPORATE LIMITS OF THE TOWN OF LIVONIA, LA
Article B. Dilapidated and Dangerous Structures – Building Abatement
Section 18.11 Removal; condemnation of buildings
The council, in accordance with R.S. 33:4761 et. seq. may condemn and cause to be demolished or removed any building or structure within the town when it is in a dilapidated and dangerous condition which endangers the public welfare. For the purposes of this Article, “dilapidated” shall mean that the building or structure is in such a condition as to constitute a “public nuisance,” as that term is defined in La. R.S. 33:1374.
Section 18.12 Notice to owner; absent owner; hearing
- An inspector for the town may enter, at reasonable times, any premise in the town to inspect such premises for compliance with this Chapter.
- Before the council may condemn any building or structure, there must be submitted to it a written report recommending the demolition or removal of the building signed by a town official or other person authorized to act on behalf of the town for such matters. The clerk shall thereupon serve notice on the owner of the building or structure requiring him to show cause at a meeting of the council, regular or special, why the building or structure should not be condemned. The date and hour of the meeting shall be stated in the notice which shall be served at least ten (10) days prior to the date of the hearing, except in case of grave public emergency as hereinafter provided.
- The notice may be served by the chief of police or police officer or by any other official authorized by the law to serve legal process where the owner of the building or structure is found in the state, and the officer shall make return of the service as in ordinary cases. Alternatively, the notice may be served by mailing it via the United States Postal Service, by either registered or certified mail, return receipt requested, to the owner at the owner's last known address. If the registered or certified mail is returned for failure to obtain a signature on the return receipt form or returned due to refusal of delivery, service may be accomplished by first class mail, with a certificate of mailing. Service by first class mail in accordance with this Subparagraph shall be considered personal service and is effective when mailed.
- If the owner is absent from the state or unrepresented therein, then the notice shall be served upon the occupant of the condemned building or structure, if any, and also upon an attorney at law appointed by the mayor to represent the absentee. Domiciliary service may be made as in ordinary cases.
- In case of grave public emergency where the condition of the building is such as to cause possible immediate loss or damage to person or property, the council may condemn the building after twenty-four (24) hours notice served upon the owner or his agent or the occupant and attorney at law appointed to represent the absentee owner. Any such notice may be attached to a door or main entrance of the premises or in a conspicuous place on the exterior of the premises and shall have the same effect as delivery to or personal service on the owner, occupant, or attorney at law appointed to represent the absentee owner.
- Any notice served pursuant to this Article shall be filed with the recorder of mortgages for the Parish of Pointe Coupee. Once filed, said notice shall be deemed notice to all subsequent transferees. Any transferee of such property takes the property subject to all recorded liens, mortgages, and notices thereunto pertaining. For purposes of any type of funding assistance being sought by the building or structure owner, any notice served pursuant to this Section shall be de facto proof that the building or structure is more than fifty percent damaged.
Section 18.13 Decision of council; order to demolish or repair
- After the hearing, if, in the opinion of the council the facts justify it, an order shall be entered condemning the building and ordering that it be demolished or removed within a certain delay. If repairs will correct the dilapidated, dangerous, or unsafe condition, the council may grant the owner the option of making such repairs, but in such a case the general nature or extent of the repairs to be made, the time thereof, and the defects to be corrected, shall be specified in the decision of the council.
- The decision and order of the council shall be in writing and shall be final unless appealed within five (5) days as provided in this Article.
Section 18.14 Appeal
The owner, occupant, agent, or other representative of the owner may appeal from the decision of the council to the Eighteenth Judicial District Court . The appeal shall be made by the filing of a suit against the town, setting forth the reasons why the decision or order of the council is illegal or improper, and the issue shall be tried de novo and by preference in the district court. Where a grave public emergency has been declared by the council, the owner of the building who desires to prevent the demolition or removal thereof must file his petition within forty-eight (48) hours of the posting of the notice of the demolition or removal order on the property and must, at the time of the filing of the petition, furnish such bond as may be fixed by the district judge to cover any damage that might be caused by the condition of the building. Either party may appeal from the judgment of the district court as in other cases.
Section 18.15 Compliance with decision; demolition by council when owners fail to comply; notice
- The owner or his designated agent may proceed to demolish and remove the building, or have it repaired, in accordance with the order of the council, provided the owner or his agent executes a contract in writing obligating himself to have the work done within the required time and files with the council a copy of the contract, together with a bond to guarantee performance.
- In the event the owner or occupant of the building or structure fails or refuses to comply with the decision of the council and fails to appeal therefrom within the legal delays provided herein, then, in that event, the town may proceed with the demolition or removal of the condemned building or structure, in which case the mayor, the council, and the town may not be held liable for damages.
- Prior to the demolition or removal of the building or structure by the council, the mayor or some official designated by him shall serve notice on the owner, or his agent, and on the occupant of the building, if any there be, or upon the attorney at law appointed to represent the minor, interdict, or absentee owner, giving the time when work will begin upon the demolition or removal of the building.
- In cases of grave public emergency, the posting of the notice attached to the door or main entrance of the premises or in a conspicuous place on the exterior of the premises giving the time when work will begin upon the demolition or removal of the building or structure shall be considered sufficient notice to the owner, occupant, or attorney at law appointed to represent the minor, interdict, or absentee owner.
- The council, as an alternative to demolition or removal, may make the repairs necessary to correct the defects in a condemned structure. The council may take such action only after a demolition or removal order has been issued and the delay for a legal appeal has run, or an appeal has been denied, and when in the discretion of the council such action will restore the structure to a state of usefulness to the community. The decision of the council to repair the structure may be appealed in the same manner as provided in this Article.
- In the event that the council decides to make the repairs necessary to correct the defects in a condemned structure, the costs of repairs plus a ten percent penalty thereon shall be reimbursed by the owner of the condemned property, and such costs and penalty shall operate as a lien and privilege on the property in favor of the town. Until such time as the costs and penalty have been paid, the town may lease such property and apply all revenue received to the amount owed by the owner and to the necessary maintenance of the structure.
Section 18.16 Lien and privilege for cost of demolition by council
- If the town undertakes demolition or removal under this Article, the town shall have a privilege and lien upon the immovable property and its improvements, and the property owner is personally liable for:
(1) The cost to the town for maintenance of the immovable property or improvements; and (2) The cost to the town for demolishing or removing, or both, a building or other structure situated upon the immovable property or improvements thereon, and all attorney fees I ncurred by the town in connection with such demolition or removal.
- “Maintenance” shall include but not be limited to grass cutting, weed abatement, and trash and garbage removal.
- The privilege and lien shall be preserved and enforced only after the owner has refused, after notification by the town and reasonable opportunity to be heard, to pay the costs incurred by the town. Service of notification of accrued costs shall be effectuated in the same allowable manners as provided in Section 18.12.
- The privilege and lien shall be preserved by the filing and recording of an affidavit signed by the mayor or his designee in the mortgage office of Pointe Coupee Parish. The affidavit shall include a description of the property sufficient to reasonably identify the immovable property and a statement of facts listing the approximate costs incurred by the town.
- (1) The privilege and lien shall be enforced by ordinary process in the Eighteenth Judicial District Court within three years after it is perfected. Alternatively, the privilege and lien may be enforced by assessing the amount of the privilege and lien against the immovable as a tax against the immovable, to be enforced and collected as any ordinary property tax lien to be assessed against the property; the lien and privilege may be collected in the manner fixed for collection of taxes and shall be subject to the same civil penalties for delinquencies. After the town has incurred such costs as constitute the lien and privilege on the property, mayor may send an attested bill of said costs and expenses which constitute the lien and privilege to the Pointe Coupee Assessor, who shall add the amount of the bill to the next property tax bill of the owner. The lien obtained by the town pursuant to proper notification and filing shall include not only the costs provided for in Subsection A of this section, but shall also include all attorney fees and all costs of court incurred in the locating of the owner, the notification of the owner, and the enforcement and collection of the amount secured by the lien against the immovable property or its improvements.
(2) The town shall also recover interest on the amounts secured by the lien. The interest shall not exceed the rate of legal interest provided in La. R.S. 9:3500 and shall be computed from the date of recordation of the lien until paid. The privilege and lien of the town shall prime all other liens or privileges against the property filed after the notice to the owner to show cause is filed with the recorder of mortgages pursuant to Section 18.12, regardless of the date on which the lien and privilege of the town is perfected, except that the lien and privilege of the town will not prime other tax liens against the property.
- The lien of the town shall not be cancelled until after payment of all amounts, including costs, attorney fees, and interest.
- In addition to the lien and enforcement procedures authorized under this section, the town has a cause of action against the owner personally for the costs incurred by the town, if such owner is not indigent and has the ability to pay a judgment obtained by the town. Such action may be brought by ordinary proceeding in any court of competent jurisdiction.
- (1) If property, which may be subject to a lien and privilege granted in favor of the town is owned in indivision and the owners in indivision, with their proportionate share in the property, are listed separately by the tax assessor on the ad valorem tax roll, then the town shall notify each owner in indivision of his liability under this section.
(2) Upon failure of each owner in indivision to pay his proportionate share of the charges incurred under this Section, that part of the property for which the charges are not paid shall be subject to a lien and privilege in favor of the town as provided in this section.
(3) Notwithstanding the provisions of Subsection F of this section to the contrary, upon payment by an owner in indivision of his proportionate share, as listed on the ad valorem tax roll, of the charges, attorney fees, and interest incurred under this section, and after certification of such proportionate interest by the assessor, the lien and privilege granted under this section shall be removed from the proportionate interest of the paying owner in indivision. If outstanding charges levied under this section are added to the annual ad valorem tax bill, the proportionate payment by the paying owner in indivision shall be reflected on the bill, and his interest in the property free of such charge shall be distinguished on the tax bill.
(4) Notice of the lien and privilege required herein shall be made upon the owners in indivision at their actual address or the last known address listed on the property tax rolls of Pointe Coupee Parish.
Section 18.17 Attorney to represent absentee, minor, or interdict; fee
In the event the building or structure is unoccupied and its owner is absent from the state and unrepresented therein, or in the event the building is owned by a minor who has no tutor or an interdict who has no curator, the mayor shall appoint an attorney at law to represent the absentee, minor, or interdict upon whom the notices and other proceedings provided in this Article may be served. The attorney shall be paid a reasonable fee to be taxed as cost.
Said Ordinance having been introduced on May 11, 2026, by LeJeune 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 LeJeune and seconded by Bergeron 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
