This text of Louisiana § 33:4876.3 (Authority to abate a public nuisance; procedures) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§4876.3. Authority to abate a public nuisance; procedures
A. A municipality or parish may adopt procedures that conform to this
Section for the abatement and removal from private or public property or a public
right-of-way of a junk, wrecked, or used automobile or part of a wrecked or used
automobile or vehicle as a public nuisance.
B. Any procedures adopted by a municipality or parish shall, at minimum:
(1)Prohibit a vehicle from being reconstructed or made operable after
removal.
(2)Require a public hearing upon the request of a person who receives notice
as provided by R.S. 33:4876.4. if the request is made not later than the date by which
the nuisance must be abated and removed.
C. A court with jurisdiction in the municipality or parish where the offense
occurred may issue necessary
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§4876.3. Authority to abate a public nuisance; procedures
A. A municipality or parish may adopt procedures that conform to this
Section for the abatement and removal from private or public property or a public
right-of-way of a junk, wrecked, or used automobile or part of a wrecked or used
automobile or vehicle as a public nuisance.
B. Any procedures adopted by a municipality or parish shall, at minimum:
(1) Prohibit a vehicle from being reconstructed or made operable after
removal.
(2) Require a public hearing upon the request of a person who receives notice
as provided by R.S. 33:4876.4. if the request is made not later than the date by which
the nuisance must be abated and removed.
C. A court with jurisdiction in the municipality or parish where the offense
occurred may issue necessary orders to enforce the procedures.
D. Procedures for abatement and removal of a public nuisance shall be
administered by regularly salaried, full-time employees of the municipality or parish,
except that any authorized person may remove the nuisance.
E. A person authorized to administer the procedures may enter private
property to examine the public nuisance, to obtain information to identify the
nuisance, and to remove or direct the removal of the nuisance.
F. Upon removal of the vehicle or part of a vehicle, the municipality or parish
shall proceed to have the vehicle or part of a vehicle dismantled or processed for
recycling as an entity who has the right to sell or transfer the vehicle or part of a
vehicle pursuant to provisions of R.S: 32:718.
G. The procedures may provide that the relocation of a junk, wrecked, or
used automobile or motor vehicle that is a public nuisance to another location in the
same municipality or parish after a proceeding for the abatement and removal of the
public nuisance has commenced will have no effect on the proceeding if the junk,
wrecked, or used automobile or motor vehicle constitutes a public nuisance at the
new location.
H. Notwithstanding any provision of law to the contrary, the provisions of
this Section shall not be applicable in any parish with a population between four
hundred twenty thousand persons and four hundred thirty thousand persons based on
the latest federal decennial census.