City of Thibodaux Zoning Review - South Central Planning ...

City of Thibodaux Zoning Review - South Central Planning ... City of Thibodaux Zoning Review - South Central Planning ...

09.07.2015 Views

Thibodaux Zoning Review 2010Parking and Storage ofCertain Vehicles inCommercial ZonesThe city’s staff noted that while the Thibodaux’s zoning ordinanceaddresses the removal of abandoned vehicles in residentialareas, it does not mention the removal of abandoned vehicles oncommercial property. Moreover, the city does not have a separateabandoned automobile code or nuisance codes that tackles thisissue. Most cities (comparable cities included) have abandonedvehicles or nuisance codes that deal with the issue of desertedcars. This is typically not an issue covered in the zoning ordinance.In Louisiana, there are a number of state laws that pertainto junked or abandoned vehicles, junk in general, high grass andblighted or unsafe buildings. Excerpts from some of these areincluded for examples. The city could adopt one or more separateordinances using the procedures spelled out in the statutesfor removal of junk or addressing other nuisances. The proceduresmay vary for removal of unsafe buildings, junked materialor junked vehicles, but all include some very basic steps. Propertyowners given notice that they are in noncompliance andprovided a time frame for correcting the problems. If the ownerfails to respond, a citation or second warning may be issued afterwhich the city may take steps to enforce the ordinance. If thecity incurs cost in enforcing the ordinance, such as cutting thegrass, the owner is billed for the public’s cost and if they do notreimburse the city within the appropriate amount of time, a lienis placed on the property and funds are collected as part the taxassessment. In the case of junked vehicles, a towing companymay tow the vehicle and after 30 days, can crush or dismantle it.City of ThibodauxThe city zoning ordinance prohibits the placement of unlicensedvehicles on residential properties except when stored in acompletely enclosed vehicle.Section 608 Automotive vehicles or trailers of any kind ortype without current license plates shall not be parked or storedon any residentially zoned property other than in completelyenclosed buildings.Comparable Cities – Abandoned VehiclesCity of HammondHammond’s ordinance requires a notice to remove the abandonedor junked vehicle from private property within 10 days ofreceipt of notice. If the letter cannot be delivered, the vehicle istagged.City of RustonRuston’s ordinance allows city officials to enter onto privateproperty toCity of PinevillePineville distinguishes between abandoned and nuisancevehicles. The abandoned vehicles include those on publicproperty and those on private property without the owner’spermission. The nuisance vehicle is one that exhibits one ormore indicators that it is inoperable, including flattened tires,no movement within the past 30 days, no license plate, etc. Thecity posts a notice on the vehicle indicating it must be removedwithin 5 days after which time; the city can take action toremove the nuisance.§33:La. Revised Statutes 33:4876Abandoned automobiles, major appliances and other junk; disposition ofA. The governing authority of any municipality or parish may enact ordinances regulating or prohibiting the storing or abandoningof junk, wrecked or used automobiles or motor vehicles, or any part or parts thereof, or any other junk, discarded orabandoned major appliances, such as refrigerators, freezers, ranges or machinery or other metal, tin or other discarded items,on any vacant lot, or any portion of any occupied lot, neutral ground, street or sidewalk, within the municipality or parish.B. The term “junk, wrecked or used automobiles or motor vehicles” as used herein shall mean any motor vehicle which is totallyinoperable, left unattended on any portion of any occupied lot, neutral ground, street or sidewalk, and is so damaged or dismantledas to be a total loss. The term “total loss” shall mean that the cost to repair a damaged or dismantled motor vehicle exceeds thejunk value of said vehicle, as determined by any recognized national appraisal book. The ordinance shall provide for the removaland disposition of such junk motor vehicles after notice of not less than ten days either placed on the vehicle itself or given to theowner, if known. Any vehicle which remains on the public ways or private property described above after notice given as providedin the ordinance shall be considered as public property and disposed of by the municipality or parish as the governing authoritymay designate. In the case of other abandoned property set forth in Subsection A, the notice shall be given to the owner of the lotor parcel of ground upon which the junk material is located, and the cost of removing said material shall constitute a special liencollectible in the same manner as special assessments are collectible by law.C. In the exercise of the authority herein granted, the governing authority may provide for the removal of such abandoned junk bythe municipality or parish and for the collection of the cost of removal, not to exceed two hundred dollars, from the owner of thematerial and, among other things, may require, but not by way of limitation, that any vacant lot or portion of any occupied lot usedfor the storage of junk, as herein defined, shall be surrounded or enclosed by a board fence or other enclosure.44

2010 Thibodaux Zoning ReviewCommentsThe best way to handle junked vehicles and other junk itemsis through those processes spelled out in Louisiana legislation.These state laws are the guide for these kinds of regulations butthere are some that apply to cities and some to parishes. Somemay apply to both. Successful examples can be found elsewherein similar or surrounding communities. It is suggested that thecity review the state laws with their attorney to determine whichapply to Thibodaux.Louisiana Revised Statutes 33:1728.2. Procedure for disposal of junk vehicles…C. As used in this Section:(2) “Junk vehicle” means a vehicle in such a state of deterioration that it cannot be profitably restored and has a fair market value offive hundred dollars or less by using the rough trade-in value shown in the most recent National Automobile Dealers AssociationGuide.(3) “Owner-operator” means a person or legal entity who owns or operates a business engaged in the towing or storage ofvehicles, and has a vehicle licensed as a towing vehicle under R.S. 32:1716.D. Each owner-operator who possesses a vehicle which meets the criteria set forth in Paragraph (C)(2) of this Section may makeapplication for crushing of the vehicle at the expiration of thirty days or make application for dismantling of the vehicle at theexpiration of thirty days from mailing of the notice, by certificate of mailing, on a form provided by the Department of PublicSafety and Corrections, office of motor vehicles, upon satisfaction and submission of each of the following requirements:…HammondSec. 20-17. Art. II. Abandoned, Junked, or Inoperative Vehicles and Mobile Homes(d) When a junked, abandoned, wrecked or used motor vehicle has been located on private property for a period in excess of thirty(30) days, or when a vehicle is determined to be an abandoned vehicle, the department or official shall be authorized to send aletter by certified or registered mail, return receipt requested, ordering the owner or occupant of said property to remove or enclosevehicle within ten (10) days from the date of receipt of said letter. In the event the letter is not deliverable, the department orofficial shall place a notice on said abandoned vehicle providing for a period of ten (10) days to remove or relocate such vehicle(s).After the expiration of the time provided for above without further notice to owner or reputed possessor, the city shall be authorizedto have said vehicle removed from said property and tow or convey it to a scrap or junk dealer for purchase by said dealer asscrap or junk or for storage at a designated pound.PinevilleARTICLE I.5. ABANDONED VEHICLESSec. 9-8. Definitions.(1) Abandoned, junked, or wrecked motor vehicles. Any motor vehicles which is totally inoperable, left unattended on any unusedportion of any occupied lot, neutral ground, street or sidewalk, or vacant lot and is so damaged or dismantled as to be a total loss.Sec. 9-9. Keeping prohibited vehicles; declared nuisance.It is unlawful for any person to keep or deposit, or allow be keeping or depositing, abandoned, stripped, wrecked or junked vehicleson property situated within the municipality, and the presence of abandoned, stripped, wrecked, or junked vehicles is herebydeclared to be a public nuisanceSec. 9-12. Removal.The City of Pineville may remove and dispose of abandoned, wrecked, or junked motor vehicles as allowed by Louisiana lawincluding, but not limited to, the provisions of R.S. 32:476 and R.S. 33:4876.45

2010 <strong>Thibodaux</strong> <strong>Zoning</strong> <strong>Review</strong>CommentsThe best way to handle junked vehicles and other junk itemsis through those processes spelled out in Louisiana legislation.These state laws are the guide for these kinds <strong>of</strong> regulations butthere are some that apply to cities and some to parishes. Somemay apply to both. Successful examples can be found elsewherein similar or surrounding communities. It is suggested that thecity review the state laws with their attorney to determine whichapply to <strong>Thibodaux</strong>.Louisiana Revised Statutes 33:1728.2. Procedure for disposal <strong>of</strong> junk vehicles…C. As used in this Section:(2) “Junk vehicle” means a vehicle in such a state <strong>of</strong> deterioration that it cannot be pr<strong>of</strong>itably restored and has a fair market value <strong>of</strong>five hundred dollars or less by using the rough trade-in value shown in the most recent National Automobile Dealers AssociationGuide.(3) “Owner-operator” means a person or legal entity who owns or operates a business engaged in the towing or storage <strong>of</strong>vehicles, and has a vehicle licensed as a towing vehicle under R.S. 32:1716.D. Each owner-operator who possesses a vehicle which meets the criteria set forth in Paragraph (C)(2) <strong>of</strong> this Section may makeapplication for crushing <strong>of</strong> the vehicle at the expiration <strong>of</strong> thirty days or make application for dismantling <strong>of</strong> the vehicle at theexpiration <strong>of</strong> thirty days from mailing <strong>of</strong> the notice, by certificate <strong>of</strong> mailing, on a form provided by the Department <strong>of</strong> PublicSafety and Corrections, <strong>of</strong>fice <strong>of</strong> motor vehicles, upon satisfaction and submission <strong>of</strong> each <strong>of</strong> the following requirements:…HammondSec. 20-17. Art. II. Abandoned, Junked, or Inoperative Vehicles and Mobile Homes(d) When a junked, abandoned, wrecked or used motor vehicle has been located on private property for a period in excess <strong>of</strong> thirty(30) days, or when a vehicle is determined to be an abandoned vehicle, the department or <strong>of</strong>ficial shall be authorized to send aletter by certified or registered mail, return receipt requested, ordering the owner or occupant <strong>of</strong> said property to remove or enclosevehicle within ten (10) days from the date <strong>of</strong> receipt <strong>of</strong> said letter. In the event the letter is not deliverable, the department or<strong>of</strong>ficial shall place a notice on said abandoned vehicle providing for a period <strong>of</strong> ten (10) days to remove or relocate such vehicle(s).After the expiration <strong>of</strong> the time provided for above without further notice to owner or reputed possessor, the city shall be authorizedto have said vehicle removed from said property and tow or convey it to a scrap or junk dealer for purchase by said dealer asscrap or junk or for storage at a designated pound.PinevilleARTICLE I.5. ABANDONED VEHICLESSec. 9-8. Definitions.(1) Abandoned, junked, or wrecked motor vehicles. Any motor vehicles which is totally inoperable, left unattended on any unusedportion <strong>of</strong> any occupied lot, neutral ground, street or sidewalk, or vacant lot and is so damaged or dismantled as to be a total loss.Sec. 9-9. Keeping prohibited vehicles; declared nuisance.It is unlawful for any person to keep or deposit, or allow be keeping or depositing, abandoned, stripped, wrecked or junked vehicleson property situated within the municipality, and the presence <strong>of</strong> abandoned, stripped, wrecked, or junked vehicles is herebydeclared to be a public nuisanceSec. 9-12. Removal.The <strong>City</strong> <strong>of</strong> Pineville may remove and dispose <strong>of</strong> abandoned, wrecked, or junked motor vehicles as allowed by Louisiana lawincluding, but not limited to, the provisions <strong>of</strong> R.S. 32:476 and R.S. 33:4876.45

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