§ 40:1502.16 — Service charge authorized for DeSoto Parish; assessment and collection

Louisiana § 40:1502.16

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1502.16. Service charge authorized for DeSoto Parish; assessment and collection
A. In addition to the authority granted pursuant to R.S. 40:1502, the governing
authority of DeSoto Parish Fire Protection District No. 2 and DeSoto Parish Fire Protection
District No. 3 may establish a service charge or rates of service charges to be assessed
persons owning each residential or commercial structure, whether occupied or unoccupied,
located wholly or partly within the boundaries of the respective fire protection district,
subject to the provisions of Subsection B of this Section. For purposes of this Section, each
residential or commercial unit in a structure and each housing unit within a multiple dwelling
structure shall be considered a separate structure, and a factory-built home as defined in R.S.
9:1149.2 shall be considered a structure. The service charges or rates of service charges shall
be framed to cover and shall be used for the costs of any or all fire protection and emergency
medical transportation and emergency services incidental thereto.
B. Service charges or rates of service charges so established shall be assessed by
resolution of the governing authority of the fire protection district; however, the resolution
assessing the service charges shall be adopted by the governing authority only after the
question of the assessment and the amount of the service charges or rates of service charges
to be established have been submitted to and approved by a majority of electors of the district
voting at an election held for that purpose. Such election shall be conducted in accordance
with the election laws of the state and shall be held at the same time that an election
authorized by the provisions of R.S. 18:402 is held.
C.(1) The governing authority of the fire protection district assessing a service charge
or rates of service charges as provided in this Section may also use any reasonable means to
collect and enforce the collection of such service charges, including any means authorized
by law for the collection of taxes. Such means shall include the assessor carrying the fire
protection service charges on the tax rolls for DeSoto Parish and the sheriff of DeSoto Parish
collecting such service charges at the same time as ad valorem taxes are collected and with
the same authority with which such taxes are collected. If any fire protection service charge
becomes delinquent and unpaid, the sheriff shall send a "Final Notice" to the delinquent
property owner by registered or certified mail. The sheriff shall also publish notice of the
pending delinquent property sale in the parish journal, setting forth the names and addresses
of the delinquent property owners and the date and place of the sale to enforce collection, and
he shall enforce the collection in the same manner as ad valorem taxes are collected. The
governing authority may compensate the sheriff and the tax assessor for such collection upon
mutual agreement of the governing authority and the sheriff and tax assessor.
(2)(a) The governing authority of the district may also place liens for fire protection
service charges upon the structure subject to the charge, upon the building, if any, in which
the structure is located if it is owned by the owner of the structure, and upon the lot of ground
not exceeding one acre on which the structure is situated if such lot of ground belongs to the
person who owns such structure; however, if such structure or building is owned by a lessee
of the lot of ground, the lien shall exist only against the lease and shall not affect the owner
of the lot. Such lien shall be placed upon property only if the owner of a structure refuses
to pay the service charges when requested to do so by the governing authority within thirty
days after receipt by the owner of such a request by registered or certified letter.
(b) The governing authority may file a statement reflecting the amount of the unpaid
charges in the mortgage office of the parish, which, when so filed and recorded, shall operate
as a lien and privilege in favor of the district against property as provided by this Subsection.
(c) Such fire protection and emergency service charge obligations shall prime all
other liens, mortgages, and privileges against the property, except those for taxes and prior
recorded local and special assessments.
(d) In addition, the governing authority of the district may recover the unpaid
charges, together with all costs of court and attorney fees, by ordinary process in the Forty-Second Judicial District Court.
(e) The governing authority may also provide, by resolution for interest on the unpaid
charges, which shall be paid prior to cancellation of the lien.

Legislative History

Acts 2015, No. 52, §1; Acts 2018, No. 48, §1; Acts 2024, No. 287, §7.