VINTON, LA
February 20, 2018
The Mayor and Council of the Town
of Vinton, Louisiana, met in regular session at the regular meeting place of
said Mayor and Council, in the Town Hall, Vinton, Louisiana, at 6:00 p.m. on
the 20th day of February, 2018, with the following members present:
Kenneth
O. Stinson, Mayor
Bliss
Bujard, Council Member
Stephanie
Hardy, Council Member
William
“BB” Loyd, Mayor Pro Tem
Paul
Patin, Council Member
Patrick
Vice, Council Member
ABSENT: None
ALSO PRESENT: Cade
R. Cole, Town Attorney
The following
Reports were submitted:
Total
Payroll for January, 2018 $ 117,923.82
Total
Receipts for January, 2018 $1,154,861.13
Total
Disbursements for January, 2018 $1,093,478.16
|
Total Bills for January, 2018
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$ 383,905.12 |
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Kenneth O.
Stinson, Mayor called the meeting to order and Council Member Loyd led in prayer,
and then followed the Pledge of Allegiance.
It
was moved by Council Member Loyd that the minutes of prior meetings, copies of
which were mailed to each council member prior to the meeting, be approved as
written. The motion was seconded by
Council Member Patin and carried.
Mary Vice, City
Clerk gave the monthly Administration Department report.
Bills for the
month of January, 2018, were approved and payment authorized upon a motion by
Council Member Loyd, seconded by Council Member Hardy and carried.
Mayor Stinson updated
the governing authority on pending grants and projects
Mayor Stinson
presented a Proclamation to the VMS Girls Basketball Team in honor of their
2017-2018 Undefeated Season.
It was moved by
Council Member Bujard to recess the regular meeting for a Public Hearing on the
proposed Code Enforcement Ordinance. The
motion was seconded by Council Member Patin and carried.
Attorney Cole
reviewed the Ordinance and public comment/questions were called for.
Justin Thibodeaux
stated he thinks the proposed ordinance will be a good thing. Ms. Leah Sphinx asked if the ordinance would
apply to commercial businesses as well as residential. Mr. Les Farnum, Police Juror reminded the
public present that the Parish has dump sites open and available to residents for
disposal of construction debis at no cost.
There being no
further input from the public present, it was moved by Council Member Bujard
that the regular meeting be re-convened.
The motion was seconded by Council Member Vice and carried.
It was moved by
Council Member Bujard that the following Ordinance by adopted. The motion was seconded by Council Member
Patin and the vote cast thereon was as follows:
YEAS: Council Members Bujard, Hardy, Loyd, Patin
and Vice
NAYS: None
ABSENT: None
ORDINANCE
NO. ______
Be it ordained by the Mayor and Council of the Town of
Vinton, as governing authority of the Town of Vinton, in its regular meeting on
February 20, 2018, that:
1)
That the Code of
Ordinances, Town of Vinton, Louisiana, be hereby amended to add and insert:
Section 1-10 - Administrative adjudication and Code Enforcement.
(a)
The Code of Ordinances of the
Town of Vinton is hereby amended to establish administrative adjudication
procedures to enforce public health, housing, fire code, zoning code,
building code, environmental and historic district ordinances, as well
as ordinances related to community or property standards including ordinances
regulating junk, weed and grass, or for any other related ordinances, whether
currently adopted or hereinafter adopted, and which shall be hereinafter
referred to in this Section as “Code Enforcement.”
(b)
In addition to all other remedies
provided for in this Code of Ordinances, the Town may engage in Code
Enforcement in accordance with the provisions of this Section. Enforcement
pursuant to this Section shall be cumulative with all other rights of action or
options for enforcement, and action pursuant to this Section shall have no
effect on the ability to seek redress through any other provision of law or
ordinance.
(c)
The Mayor may designate a Town
employee as Code Enforcement Officer, with duties designated by the Mayor, and
he may receive assistance from other Town employees when approved by the Mayor.
(d)
For the purposes of this Section Alleged
violator shall mean the owner of the property and any known tenant or lessee of
the property; and any person who has been determined by the Code Enforcement
Officer to be responsible for a violation of any ordinance covered by this
section.
(e)
Except where an explicit lower
amount is specified herein, a civil fine may be imposed for a violation of said
provisions in the amount otherwise specified in Section 1-8 of the Code
of Ordinances. Any fine imposed pursuant to this article, for a violation of
the above-stated provisions shall be deemed a civil penalty and shall not
require criminal prosecution or conviction; and, to this end, any violation of
any provision set forth in this article shall be deemed a civil violation. For
each separate violation, levy fines, fees, penalties, and hearing costs.
(f)
If the Code Enforcement Officer
determines that a violation has occurred it shall give written notice through a
personally served notice, or through notice served by registered mail. The
notice shall describe the alleged violation and order violators to correct
violations within a stipulated time. As directed by the Mayor, the Code
Enforcement Office may take necessary and lawful measures to effect correction
of the violation if the violator fails to do so within the time allocated by
the hearing officer. Any costs incurred by the Town may be recovered.
(g)
The Notice provided for in paragraph
(f) shall provide a notice of a right to request an administrative review for
cited Code Enforcement violations within five days of receipt. If requested, a
hearing shall be held within ten days of the receipt of the request. The alleged
violator shall be notified of the time, date and location of the hearing, and
the amount or nature of possible penalties.
(h)
Notices under this Section shall be
served upon the alleged violator, and where applicable, upon the owner of the
property, by certified mail, addressed to the alleged violator, and where
relevant, to the owner of the address listed in the assessor's office, or may
be personally served upon the alleged violator, or the owner of the property.
The date of the postmark shall be deemed to be the date of delivery. Any notification
so sent and returned by the United States Post Office shall be considered as
having fulfilled the notification requirement. Any notice of violation subject
to this administrative adjudication process may, in addition to the personal or
mail service required above, and if said violation is related to an immovable
property, a notice of violation may be affixed in a prominent location and
shall be in large print on the property on which a violation is alleged.
(i)
If the Code Enforcement Officer upholds
the decision of violation, the violator shall be notified in person, or as
provided for in paragraph (h), the alleged violator shall be informed that he
has forty-eight hours to request an appeal to the Town Council.
(j)
In addition to the remedy set out in
R.S. 13:2575(B)(2), the town attorney or his/her designee is authorized to file
a civil action in the Justice of the Peace or the district court to enforce
the orders of the Code Enforcement Officer if the violator fails to pay the
fines, costs or penalties fixed, or fails to correct the violation as ordered
within the time set by the hearing officer.
(k)
Where the violator fails to abate
the violation after being ordered to do so by the hearing officer, the Town may
undertake to correct the violation, and the cost of such shall be imposed upon
the violator as a cost, · In addition to the remedy set out in other
provisions of this article, the recordation shall have the effect of a judicial
mortgage against the immovable property described therein and may be enforced
against the immovable property upon application of the city to the clerk of the
14th Judicial District Court for issuance of a writ in accordance with Code
of Civil Procedure article 2253.
(l)
It shall be unlawful for any person
to interfere with a code enforcement officer or law enforcement officer
carrying out official duties and responsibilities provided by the Code. Such
interference shall be considered a misdemeanor punishable by a fine of not more
than five hundred dollars ($500.00).
2) That
the Code of Ordinances, Town of Vinton, Louisiana, be hereby amended to amend
and restate Section 14-3 as follows:
Sec. 14-3. - Same—Removal and disposal.
Said junk, wrecked or used automobiles or motor vehicles, or any part or parts thereof shall be removed and disposed of within ten (10) days after notice is given by the mayor by placing the notice on the vehicle itself, or given by certified mail to the owner, if known. Any vehicle, or prohibited junk, which remains on the public ways or private property after such notice is given shall be considered and deemed the property of the town and shall be disposed of by the town by selling same at private sale.
In the case of other abandoned property set forth in section 14-1, the notice shall be given to the owner of the lot or parcel of ground upon which said junk is located, and the cost of removing said material shall constitute a special lien and shall be included and form part of the taxes due by the owner of said property, and when collected shall be credited to the general fund of the town.
THE above stated Ordinance was duly adopted by a majority vote of the Town Council at a meeting on the 20th day of February, 2018. THUS DONE AND SIGNED ON THIS 21ST DAY OF FEBRUARY, 2018.
APPROVED:
_________________________
KENNETH O. STINSON, MAYOR
ATTEST:
____________________
MARY O. VICE, CLERK
Chief Ricky Fox
gave the monthly Police Department report.
Terry Vice, Public
Works Director gave the monthly Public Works and Electrical Department reports.
Chris Vice, Fire
Chief gave the monthly Fire and Civil Defense reports.
Ms. Nancy Bohnhoff
requested an additional 90 days for her exception to live in the RV at 2203
Fontenot Street while the remodeling job is completed on her house.
It was moved by
Council Member Loyd to allow the additional 90 days to Ms. Bohnhoff’s exception
to live in the RV at 2203 Fontenot Street while the remodeling job is completed
on her house. The motion was seconded by
Council Member Hardy and carried.
There being no
further business to come before the Governing Authority, it was moved by
Council Member Hardy that the meeting be adjourned. The motion was seconded by Council Member Loyd
and carried.
_________________________________
Kenneth
O. Stinson, Mayor
ATTEST:
___________________________
Mary O. Vice, City Clerk