Current with changes from the 2024 Legislative Session
Section 33:4876.3 - Authority to abate a public nuisance; proceduresA. 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 and twenty thousand persons than four hundred and thirty thousand persons based on the latest federal decennial census. Added by Acts 2024, No. 718,s. 3, eff. 8/1/2024.