VINTON, LA

                December 20, 2011

 

                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 December, 2011, with the following members present:

 

                                                                                Kenneth O. Stinson, Mayor

                                                                                Bliss Bujard, Council Member

                                                                                Harold R. Douga, Council Member

                                                                                William “BB” Loyd, Mayor-Pro-Tem

                                                                                Kevin Merchant, Council Member

                                                                                Paul Patin, Council Member

                                                                                                                                                                                                               

                                ABSENT:                              None

 

                                ALSO PRESENT:               Cade Cole, Town Attorney

 

                                                                The following Reports were submitted:

 

                Total Payroll for November, 2011                                                                                $     138,597.54           

                                Total Receipts for November, 2011                                                            $  1,104,671.75

                                Total Disbursements for November, 2011                                                               $  1,233,836.37    

                                Total Bills for November, 2011                                                                     $     444,590.40 

 

 

 

Kenneth O. Stinson, Mayor called the meeting to order.  Chaplin Tatum led in prayer, and then followed the Pledge of Allegiance.

 

                                It was moved by Council Member Douga 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 Loyd and carried.

 

                                Mary Vice, City Clerk gave the monthly Administration Department report.

 

                                It was moved by Council Member Merchant that the following floating holidays for 2012 be approved as requested by the employees.  The motion was seconded by Council Member Patin and carried.

 

                                                                ADMINISTRATION & PUBLIC WORKS

 

                                                        Friday before Memorial Day – May 25, 2012

                                                        Friday after Thanksgiving – November 23, 2012

                                                   Monday, Christmas Eve – December 24, 2012

 

                                                                          POLICE DEPARTMENT

 

                                                       Friday after Thanksgiving – November 23, 2012

                                                 Monday, Christmas Eve – December 24, 2012

 

                                Bills for the month of November, 2011, were approved and payment authorized upon a motion by Council Member Merchant, seconded by Council Member Douga and carried.

 

                                Mayor Stinson updated the governing authority on pending grants and projects.

 

                                It was moved by Council Member Douga, seconded by Council Member Bujard that the following Resolution be adopted:

 

 

RESOLUTION

 

A RESOLUTION ADOPTING POLICIES AND PROCEDURES FOR THE TOWN OF VINTON COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)—DISASTER RECOVERY AS REQUIRED IN THE UTILIZATION OF CDBG—DISASTER RECOVERY FUNDING.

 

WHEREAS, the Town of Vinton has been afforded the opportunity to participate in the Community Development Block Grant (CDBG)—Disaster Recovery Program administered by the Division of Administration; and,

 

WHEREAS, it is necessary under the program regulations to authorize certain actions and individuals to perform certain designated functions required by the STATE:

 

NOW THEREFORE BE IT RESOLVED, that the Town of Vinton as legal recipient of the CDBG-DR funds, does hereby authorize the following actions.

 

SECTION I.

EQUAL OPPORTUNITY

 

WHEREAS, equal opportunity regulations of the CDBG – Disaster Recovery Program require the appointment by the recipient of an Equal Opportunity Officer, (EEO Officer) to have responsibility for maintaining all pertinent EEO files, submitting on a timely basis all required reports, answer all related correspondence and monitor all EEO areas;

 

NOW THEREFORE BE IT RESOLVED, by the Town of Vinton that Jazel Jones is hereby appointed as EEO Compliance Officer for the life of the CDBG Disaster Recovery Program and as such is charged to faithfully execute all duties and responsibilities herein described.

 

SECTION II.

FAIR HOUSING POLICY

 

WHEREAS, the State requires Grantees to take actions to affirmatively further fair housing in compliance with Title VIII of the Civil Rights Act of 1968, as amended and Executive Order 11063, as amended; and,

 

NOW THEREFORE BE IT RESOLVED, that Jazel Jones is appointed as the CDBG Disaster Recovery Fair Housing Coordinator.

 

 

SECTION III.

PROCUREMENT POLICY

 

WHEREAS, participation in the CDBG-Disaster Recovery Program requires the Town of Vinton to adopt a policy by which the supplies, equipment, construction services and professional services required in the implementation of the CDBG—Disaster Recovery Program for the Police Jury are procured; and

 

WHEREAS, this policy must conform to all state and federal guidelines for approval by the State.

 

NOW, THEREFORE, BE IT RESOLVED that the “Town of Vinton CDBG—Disaster Recovery Procurement Policy”, dated December 20, 2011 and attached hereto and made a part hereof, is hereby officially adopted for usage in the procurement of all goods and services required in the implementation of all Town of Vinton CDBG—Disaster Recovery projects.

 

 

SECTION IV.

SECTION 3 PLAN

 

WHEREAS, the STATE requires Grantees to the greatest extent feasible to provide opportunities for training and employment to lower income residents of the project area and contracts for work in connection with the project area be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing in the area of the project in compliance with Section 3 of the Housing and Urban Development Act of 1968;

 

NOW THEREFORE BE IT RESOLVED, that the attached "CDBG – Disaster Recovery Section 3 Plan" for the Town of Vinton dated December 20, 2011 is hereby adopted.

 

BE IT FURTHER RESOLVED, by the Town of Vinton that Jazel Jones is hereby appointed as Section 3 Compliance Officer for the life of the CDBG Disaster Recovery Program and as such is charged to faithfully execute all duties and responsibilities as noted in the Parish’s Section 3 Plan.

 

SECTION V.

COMPLAINT POLICY

 

WHEREAS, the STATE requires Grantees to establish procedures to deal with citizen inquiries and complaints;

 

NOW THEREFORE BE IT RESOLVED, by the Town of Vinton, that the attached policy entitled "CDBG Disaster Recovery Citizen Complaint Procedure", dated December 20, 2011 is hereby adopted.

SECTION VI.

SECTION 504 GRIEVANCE PROCEDURE

 

WHEREAS, the STATE requires Grantees to establish internal grievance procedures to deal with citizen inquiries and complaints concerning Section 504 of the Rehabilitation Act of 1973 as amended;

 

NOW THEREFORE BE IT RESOLVED, by the Town of Vinton, that the attached policy entitled "Section 504 Grievance Procedure", dated December 20, 2011 is hereby adopted.

 

 

SECTION VII.

504 COORDINATOR

 

WHEREAS, the STATE requires Grantees to designate a responsible person to coordinate the Parish’s efforts to comply with Section 504 of the Rehabilitation Act of 1973 as amended;

 

NOW THEREFORE BE IT RESOLVED, that Jazel Jones is appointed as Section 504 Coordinator.

BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the attached “Section 504 Certification,” dated December 20, 2011.

 

 

SECTION VIII.

ANTI-DISPLACEMENT

 

WHEREAS, the U.S. Department of Housing and Urban Development prohibits the release of Community Development Block Grant—Disaster Recovery funds until the grantee officially adopts and certifies that it is following a Residential Antidisplacement and Relocation Assistance Plan; and

 

WHEREAS, the Town of Vinton has formulated its Residential Antidisplacement and Relocation Assistance Plan under Section 104(d) of the Housing and Community Development Act of 1974, as amended, which is attached hereto and made a part hereof, for compliance with federal requirements.

 

NOW, THEREFORE, BE IT RESOLVED that, the “Town of Vinton CDBG Disaster Recovery Residential Antidisplacement and Relocation Assistance Plan”, dated December 20, 2011 as required under Section 104(d) of the Housing and Community Development Act of 1974, as amended, be hereby officially adopted for usage in the implementation of the Town of Vinton Community Development Block Grant (CDBG)—Disaster Recovery Programs; and

 

BE IT FURTHER RESOLVED that, the Mayor be hereby authorized to forward the official plan and appropriate certification statement to the Louisiana Division of Administration.

SECTION IX.

LABOR COMPLIANCE

WHEREAS, labor compliance regulations of the CDBG Program require the appointment by the recipient of a Labor Compliance Officer (LCO) to have the responsibility for maintaining all pertinent labor compliance files, submitting on a timely basis all required reports, answer all related correspondence and monitor all labor compliance areas;

NOW THEREFORE BE IT RESOLVED, by the Town of Vinton that Thomas C. David, III is hereby appointed as Labor Compliance Officer for the life of the CDBG Disaster Recovery Program and as such is charged to faithfully execute all duties and responsibilities herein described.

 

SECTION X.

COMMUNICATION

WHEREAS, the CDBG Disaster Recovery Program requires that all grant recipients adopt by resolution a policy for communicating information to persons with sensory impairments;

NOW THEREFORE BE IT RESOLVED, that the attached "Policy Statement for Communicating Information to Persons with Sensory Impairments" for the Town of Vinton dated December 20, 2011 is hereby adopted.

BE IT FURTHER RESOLVED, the Town of Vinton hereby adopts a policy to utilize the Louisiana Hearing Impaired Relay System for communicating with hearing impaired persons. The relay numbers are: TDD Users 1-800-846-5277 and Voice Users 1-800-947-5277.

 

The above resolution put to vote, the vote thereon was as follows:

Yeas:     Council Members Bujard, Douga, Loyd, Merchant and Patin

Nays:     None

Absent:                None

 

And the resolution was declared adopted on this, the 20th day of December, 2011.

 

TOWN OF VINTON

 

 

BY:

Kenneth O. Stinson, Mayor

 

ATTEST:

 

 

Mary Vice, Town Clerk

 

                                It was moved by Council Member Loyd  that the following Class “A” Liquor Permits be approved for 2012:

 

                                                                                Kevin Pickett

                                                                                DBA:  The Lucky Delta

                                                                                1903 West Street

                                                                                Vinton, LA  70668

 

                                                                                Glenn Floyd Cormier

                                                                                DBA:  Cajun Cowboy’s

                                                                                1312A Gum Cove Road

                                                                                Vinton, LA  70668

 

                                                                                Judith A. Vice

                                                                                DBA:  B&B Bar

                                                                                1313 Horridge St.

                                                                                Vinton, LA  70668

 

                                                                                Gregory M.  Love

                                                                                ALYCO, LLC

                                                                                DBA:   Love’s Casino

                                                                                2024A West Street

                                                                                Vinton, LA  70668

 

The motion was seconded by Council Member Patin and carried.

 

                                It was moved by Council Member Douga that the following Class “B” Liquor Permits be approved for 2012:

 

                                                                                Kevin Pickett

                                                                                DBA:  Delta Fuel Stop

                                                                                1907 West Street

                                                                                Vinton, LA  70668

 

                                                                                Glenn Floyd Cormier

                                                                                DBA:  Glenn’s Mart Grill & Deli

                                                                                1312 Gum Cove Road

                                                                                Vinton, LA  70668

 

                                                                                Malik Kheraj

                                                                                DBA:  M&k Pantry #3

                                                                                1603  Hwy 90 West

                                                                                Vinton, LA  70668

 

                                                                                Retail Investors of Texas

                                                                                DBA:  Market Basket #26

                                                                                1717 Hwy 90 West

                                                                                Vinton, LA  70668

 

                                                                                Jim Yates

                                                                                DBA:  EZ Mart #369

                                                                                1723 Hwy 90 West

                                                                                Vinton, LA  70668

 

                                                                                Hien Nguyen

                                                                                DBA:  Circle A mini Mart, Inc.

                                                                                1309 Hwy 90

                                                                                Vinton, LA  70668

 

                                                                                Kuldip Singh

                                                                                DBA:  Tiger Mart #12

                                                                                1410 Gum Cove Road

                                                                                Vinton, LA  70668

 

                                                                                Gregory M. Love

                                                                                ALYCO, LLC

                                                                                DBA:  Love’s Travel Stop

                                                                                2024A West Street

                                                                                Vinton, LA  70668

 

The motion was seconded by Council Member Loyd and carried.

 

                                It was moved by Council Member Loyd  that the following Class “A” Beer Permits be approved for 2012:

 

                                                                                Kevin Pickett

                                                                                DBA:  The Lucky Delta

                                                                                1903 West Street

                                                                                Vinton, LA  70668

 

                                                                                Glenn Floyd Cormier

                                                                                DBA:  Cajun Cowboy’s

                                                                                1312A Gum Cove Road

                                                                                Vinton, LA  70668

 

                                                                                Judith A. Vice

                                                                                DBA:  B&B Bar

                                                                                1313 Horridge St.

                                                                                Vinton, LA  70668

 

                                                                                Gregory M.  Love

                                                                                ALYCO, LLC

                                                                                DBA:   Love’s Casino

                                                                                2024A West Street

                                                                                Vinton, LA  70668

 

The motion was seconded by Council Member Douga and carried.

 

                                It was moved by Council Member Patin that the following Class “B” Beer Permits be approved for 2012:

 

                                                                                Kevin Pickett

                                                                                DBA:  Delta Fuel Stop

                                                                                1907 West Street

                                                                                Vinton, LA  70668

 

                                                                                Glenn Floyd Cormier

                                                                                DBA:  Glenn’s Mart Grill & Deli

                                                                                1312 Gum Cove Road

                                                                                Vinton, LA  70668

 

                                                                                Malik Kheraj

                                                                                DBA:  M&k Pantry #3

                                                                                1603  Hwy 90 West

                                                                                Vinton, LA  70668

 

                                                                                Retail Investors of Texas

                                                                                DBA:  Market Basket #26

                                                                                1717 Hwy 90 West

                                                                                Vinton, LA  70668

 

                                                                                Jim Yates

                                                                                DBA:  EZ Mart #369

                                                                                1723 Hwy 90 West

                                                                                Vinton, LA  70668

 

                                                                               

Hien Nguyen

                                                                                DBA:  Circle A mini Mart, Inc.

                                                                                1309 Hwy 90

                                                                                Vinton, LA  70668

 

                                                                                Kuldip Singh

                                                                                DBA:  Tiger Mart #12

                                                                                1410 Gum Cove Road

                                                                                Vinton, LA  70668

 

                                                                                Gregory M. Love

                                                                                ALYCO, LLC

                                                                                DBA:  Love’s Travel Stop

                                                                                2024A West Street

                                                                                Vinton, LA  70668

 

The motion was seconded by Council Member Douga and carried.

 

                                It was moved by Council Member Douga that the following Wrecker Permit be approved for 2012:

 

                                                                                Ernie L. Breaux

                                                                                DBA:  Breaux’s Wrecker Service

                                                                                1603 Hwy 90

                                                                                Vinton, LA  70668

 

The motion was seconded by Council Member Merchant  and carried.

 

                                Mayor Stinson informed the governing authority that upon completion of the Loree Street Bridge Project there would need to be a decision made on the naming of the street.  He suggested that Sabine Pointe Drive be changed to Williams Road and the extension be named Williams Road also.

 

                                After discussion, it was moved by Council Member Patin that the attorney be authorized to begin the process of re-naming Sabine Pointe Drive to Williams Road to be in effect by April 1, 2012. In addition that the extension road also be named Williams Road to the intersection of Gum Cove Road.  The motion was seconded by Council Member Bujard and carried.

 

                                Mayor Stinson called for the Demolition Hearing for 1110 Nelson Street.  The owner/representative was not present to conduct the hearing.

 

                                It was moved by Council Member Douga that the decision to demolish 1110 Nelson Street be tabled until the February 21, 2012, Council Meeting.  The motion was seconded by Council Member Merchant and the vote cast thereon was as follows:

 

                                                                YEAS:  Council Members Douga, Loyd and Merchant

                                               

                                                                NAYS:  Council Members Bujard and Patin

 

                                                         ABSENT:  None

 

                                Mayor Stinson updated the governing authority on the progress of 1607 Vincent St.  He stated that there has been a hold up in the demolition process trying to find a contractor who carries workers comp. insurance.

 

               

 

 

 

                                Mayor Stinson asked that farmers that are interested in being a vendor at the proposed Farmers Market call city hall.

 

                                Attorney Cole read the proposed amendments to the Demolition & Removal of Unsafe Buildings Ordinance and Grass and Weed Ordinance.

 

                                It was moved by Council Member Bujard that the regular meeting be recessed for a public hearing on the proposed amended ordinances.  The motion was seconded by Council Member Douga and carried.

 

                                There being no 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 Douga and carried.

 

                                It was moved by Council Member Merchant that the following Ordinance be adopted.  The motion was seconded by Council Member Douga and the vote cast thereon was as follows:

 

                                                                YEAS:  Council Member Bujard, Douga, Loyd, Merchant and Patin

 

                                                                NAYS:  None

 

                                                         ABSENT:  None

 

Introduction Caption:  That the Code of Ordinances, Town of Vinton, Louisiana, is hereby amended by amending and restating Article II of Chapter 7, which said article reads as follows:

DEMOLITION AND REMOVAL OF UNSAFE BUILDINGS.

The ordinances are amended to revise the town’s condemnation process.

******

Be it ordained by the Council of the Town of Vinton that:

 

That the Code of Ordinances, Town of Vinton, Louisiana, is hereby amended by amending and restating, Article II of Chapter 7 which said Article shall read as follows:

 ARTICLE II.  DEMOLITION AND REMOVAL OF UNSAFE BUILDINGS

Sec. 7-21.  Authority.

In accordance with R.S. 33:4761, et seq, the governing authority of the town may condemn and cause to be demolished or removed any building or structure within the corporate limits of the town when it is in a dilapidated and dangerous condition which endangers the public welfare.

Sec. 7-22.  Demolition or removal recommendation prerequisite to condemnation.

Before any building or structure is condemned, there must be submitted to the governing authority of the town a written report recommending the demolition or removal of such building signed by the Mayor or someone appointed by the Mayor to act in the matter, (“recommendation”). The mayor is authorized to contract with the Calcasieu Parish Police Jury Division of Planning and Development to obtain an inspection report on property.

Sec. 7-23.  Notice to owner to show cause why building should not be condemned.

(a) The mayor shall, upon submission of the recommendation referred to in section 7-22, serve notice on the owner of the building or other structure which is the subject of such report requiring him to show cause at a meeting of the mayor and town council 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 before the date of the hearing, except in case of grave public emergency as hereinafter provided.

(b)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, including the address on the tax roll of the town.

(1)  Service by registered or certified mail shall be considered personal service if the certified return receipt or the return form is signed by the addressee.  Service by registered or certified mail shall be considered domiciliary service if the certified return receipt or the return form is signed by anyone other than the addressee.

(2)  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.

(3)  The notice may also be served by the marshal of the municipality or by any sheriff or deputy sheriff or constable having jurisdiction and power to serve legal process where the owner of the building or structure is found in the state of Louisiana, and the officer shall make return of the service as in ordinary cases.

Sec. 7-24.  Appointment of attorney to represent absent owner or other unrepresented owner; fee.

In the event the building or structure which is the subject of the report referred to in section 7-22 is unoccupied and/or 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 for in this article may be served. The attorney shall be paid a reasonable fee to be taxed as costs.

Sec. 7-25.  Emergency condemnation.

In case of grave public emergency where the condition of a building or structure which is the subject of the report referred to in section 7-22 is such as to cause possible immediate loss or damage to person or property, the governing authority may condemn the building after twenty-four (24) hours' notice served upon the owner or his agent, or upon the occupant (if any) and the attorney-at-law appointed to represent the minor, interdict or absentee owner. Any such notice may be attached to a door or entrance 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.

Sec. 7-26.   Filing of Notice

Any notice served pursuant to Section 7-23 or 7-25 shall be filed with the recorder of mortgages where the property is located.  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.

Sec. 7-27.  Order to demolish, remove or repair.

(a) After a hearing on the matter, if in the opinion of the governing authority the facts justify it, an order shall be entered condemning the building or structure which is the subject of the recommendation referred to in section 7-22 and ordering that it be demolished or removed within a reasonable delay period. If repairs will correct the dilapidated, dangerous or unsafe condition, the governing authority may grant the owner the option of making such repairs; but in such 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 governing authority. Such decision and order shall be in writing and shall be final unless appealed from within five (5) days as provided in R.S. 33:4763 et seq.

(b) In accordance with the order of the governing authority either to condemn or to repair a building or structure pursuant to this article, the main entrance to the building or structure shall be posted with a notice that shall state: "THIS BUILDING HAS BEEN CONDEMNED BY THE TOWN OF VINTON AND ITS OCCUPANCY FOR USE SHALL BE PROHIBITED." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, or his agent, to remove such notice without written permission by the mayor, or for any person to enter the building, except for the purpose of making the required repairs or to demolish the building or structure.

Sec. 7-28.  Demolition, removal or repair by owner.

The owner or his designated agent or other representative may proceed to demolish and remove the building or structure which is the subject of the order referred to in section 7-27, or have it repaired, in accordance with the order of the governing authority, provided the owner executes a contract in writing obligating himself to have the work done within the required time, and files with the mayor a copy of such contract, together with a bond to guarantee performance.

Sec. 7-29.  Demolition or removal by town.

(a)        In the event the owner or the occupant of the building or structure which is the subject of the order referred to in section 7-27 fails or refuses to comply with the decision of the governing authority and fails to appeal therefrom within the legal delays as provided in R.S. 33:4763, then the mayor may proceed with the demolition or removal of the condemned building or structure, in which case neither he nor the town shall be liable for damages.

(b)        Prior to the demolition or removal of the building or structure by the town, 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 there is any, or upon the attorney-at-law appointed to represent the minor, interdict or absentee owner, specifying the time when the work will begin upon the demolition or removal of the building or structure.

Sec. 7-30.  Town's lien for removal or demolition costs.

(a) The town shall have a lien and privilege for the cost of demolishing or removing a building or structure which is the subject of the order referred to in section 7-27 against the lot and improvements upon which the building or structure is situated and such lien and privilege may be preserved as set forth in R.S. 33:4766, and the town shall be entitled to recover the amount of this expense together with all costs of court by ordinary process in the district court having jurisdiction of the property.

(b) The mayor may send an attested bill of said costs and expenses which constitute the lien and privilege to the parish tax assessor, who shall add the amount of the bill to the next tax bill of the owner.  The lien obtained by the town shall include not only the costs provided for in subsection a of this Section but shall 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 and the improvements, and shall include legal interest on all amounts.

(c)  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.

APPROVED AND ADOPTED at Vinton, Louisiana, on this the 20th Day of December, 2011.

 

______________________________________

                                                                        Mary O. Vice, City Clerk

 

 

I HEREBY CERTIFY that the fore-                                                                              The foregoing Ordinance is

going Ordinance has been presented                                                                               hereby approved and

to the Mayor this 21st day of                                                                                           returned to the Town Clerk this

December, 2011.                                                                                                                 22nd day of December, 2011.

 

______________________________                                                                          ____________________________

              City Clerk                                                                                                                                                Mayor

 

 

                                It was moved by Council Member Merchant that the following Ordinance be adopted.   The motion was seconded by Council Member Loyd and the vote cast thereon was as follows:

 

                                                                YEAS:  Council Members Bujard, Douga, Loyd, Merchant and Patin

 

                                                                NAYS:  None

 

                                                         ABSENT:  None

 

Introduction Caption:  That the Code of Ordinances, Town of Vinton, Louisiana, is hereby amended by amending and restating Article II of Chapter 13, which said article reads as follows:

GRASS AND WEEDS

The ordinances are amended to revise the town’s noxious grass and weed controls.

******

Be it ordained by the Council of the Town of Vinton that:

 

That the Code of Ordinances, Town of Vinton, Louisiana, is hereby amended by amending and restating, Article II of Chapter 13 which said Article shall read as follows:

ARTICLE II.  GRASS AND WEEDS*

__________

*State law reference(s)--Power to assess costs of cutting weeds, R.S. 33:5062.

__________

Sec. 13-16.  Unlawful growths.

Owners must maintain their property in a safe and sanitary condition, it shall be unlawful for any person or owner of land to permit the growth of noxious weeds or grass or other deleterious, unhealthful or noxious growths on any sidewalk, lot, place or area within the corporate limits of the town.

Sec. 13-17.  Town's authority to cut after owner's failure to comply with notice.

(a)The town, through its employees or authorized agents, may proceed to cut, destroy and remove noxious weeds or grass or other deleterious, unhealthful or noxious growths on any lot, place or area, after the owner of the lot, place or area where the weeds, grass or growths are to be removed has had an opportunity of doing the work himself for at least five (5) days after notice, as provided by subsection (b) of this section.

(b) Notice, as defined in subsection (a) of this section, is provided by: (i) advertisement in the official journal of the town for two consecutive publications, (ii) service on the property owner, by domiciliary or personal service, by a representative of the governing authority or other authorized officer, or (iii) certified or registered mail, addressed in accordance with the tax rolls of the municipality.  The return of a certified or registered letter shall not negate the effectiveness of such notice.

(c) The town, through its employees or authorized agents, may undertake the cutting, destruction, or removal of noxious weeds or grass or other deleterious, unhealthful, or noxious growths on any property within the municipality on a monthly basis without the notice required in subsection a of this Section if the property owner has been notified pursuant to said subsection at any time during the immediately preceding twelve (12) months and has failed to do the work himself after opportunity to do so.  However, prior to undertaking such work, the town shall prepare an affidavit, signed by the mayor of the municipality or his designee

Such affidavit shall include: (1)  A description of the property sufficient to reasonably identify it, which may be satisfied by listing the municipal address, (2)  A photograph of the property sufficient to reasonably identify its unsafe or unsanitary condition and to justify the necessity for cutting, destroying, or removing weeds, grass, or other noxious growths, and (3)  A statement that the property owner liable has within the past twelve months failed to do such work after notification and opportunity to do so pursuant to subsection a of this Section.

Sec. 13-18.  Mailing statements showing expense incurred; addition to tax liability.

If, after the cutting, destruction or removal of such weeds, grass or growths, by the town after due notice as above provided, the costs or expense thereof has not been paid within ten (10) days, the tax collector of the town shall furnish the owner, as shown on the last assessment roll of the municipality, by registered mail, a written statement showing the cost or expense incurred for the work, and the place of property on which the work was done. If the said statement is not paid within one (1) month thereafter, the amount thereof shall be included in 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.

Sec. 13-19.  Record of charges for weed cutting.

The tax collector of the town shall maintain a record of such charges prior to the filing of the tax rolls, which record shall be open to inspection at all times and which shall constitute legal notice to the purchasers of the property, or parties lending money thereon, of the assessment.

APPROVED AND ADOPTED at Vinton, Louisiana, on this the 20th Day of December, 2011. 

 

______________________________________

                                                                        Mary O. Vice, City Clerk

 

 

I HEREBY CERTIFY that the fore-                                                                              The foregoing Ordinance is

going Ordinance has been presented                                                                               hereby approved and

to the Mayor this 21st day of                                                                                           returned to the Town Clerk this

December, 2011.                                                                                                                 22nd day of December, 2011.

 

______________________________                                                                          ____________________________

City Clerk                                                                                                                              Mayor

                           

 

                                Chief Ricky Fox gave the monthly Police Department report.

 

                                Upon the recommendation of Chief Fox, it was moved by Council Member Patin that Lisa Johnson be made a regular employee effective December 31, 2011.  The motion was seconded by Council Member Merchant and carried.

 

                                In the absence of Terry Vice, Director of Public Works the monthly Public Works and Electrical Department reports were submitted in writing.

 

                                Jerry Merchant, Fire Chief gave the monthly fire and Civil Defense reports. 

 

                                There being no further business to come before the Governing Authority, it was moved by Council Member Loyd that the meeting be adjourned.  The motion was seconded by Council Member Douga and carried.                  

                                                                                                                _________________________________

                                                                                                                                Kenneth O. Stinson, Mayor

ATTEST:

___________________________

Mary O. Vice, City Clerk