2003-0001
INTRODUCED BY: TERRY AUTHEMENT, COUNCILMAN, DISTRICT IV
ORDINANCE NO. _________
Title
An ordinance authorizing the Parish President, Public Works Director, and Planning and Zoning Director to strictly enforce servitudes, easements and right-of-way prohibitions.
Body
WHEREAS, the provisions of the Louisiana Civil Code as well as the Louisiana Revised Statutes specifically address limitations on ownership or legal servitudes for drainage, roads, and conveyances of streets and alleys but not limited to the aforementioned; and,
WHEREAS, legal servitudes as defined by law are limitations on ownership established by law for the benefit of the general public or for the benefit of particular persons; and,
WHEREAS, legal public servitudes as defined by law are servitudes imposed for the public or common utility and relate to the space which is to be left for the public use by the adjacent proprietors; and,
WHEREAS, over the past history of St. Charles Parish, servitude encroachment has continued to impede the purpose of dedicated servitudes at the expense of St. Charles Parish tax payers when it comes to returning said right-of-way for said purpose.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. No building, fence, structure, trees, shrubs or vegetation, but not limited to the aforementioned, will not be permitted to exist within the confines of servitudes classified as legal or legal public servitudes.
SECTION II. Any person found guilty of violating the law by encroaching on a servitude thereby preventing, in some manner, the benefit of the general public's good being, should be required to fully comply with the law and remove all such obstructions within 10 days of receipt of written notice, or shall be subject to fines up to the actual cost to enforce the law.
SECTION III. As an example, any building, fence, structure, trees, shrubs, vegetation, and or other obstruction which previously exist, or recently installed shall not be grand-fathered in and subject to enforcement of this ordinance, upon notice, shall be removed by the owner at the sole expense of the owner or by proper public officials and billed to the owner.
Vote
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this day of , 2003, to become effective five (5) days after publication in the Official Journal.
strictly enforce servitudes, etc
CHAIRMAN:______________________________________________
SECRETARY:_____________________________________________
DLVD/PARISH PRESIDENT:_________________________________
APPROVED:______________ DISAPPROVED:__________________
PARISH PRESIDENT:______________________________________
RETD/SECRETARY:_______________________________________
AT:_______________ RECD BY: _____________________________